S.B. 254 78(R)    BILL ANALYSIS


S.B. 254
By: Bivins
State Affairs
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law, legislators are permitted to represent another person,
for compensation, before an executive branch agency under certain
circumstances.  Legislators are required to disclose such employment in
filings with the Ethics Commission.  However, some have criticized this
practice as creating the potential for conflicts of interest.  The purpose
of Senate Bill 254 is to prohibit legislators from representing another
person for compensation before a state agency in the executive branch
unless the representation involves the filing of documents.    

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

Senate Bill 254 amends Section 572.052(a) of the Government Code to
prohibit a member of the legislature from representing another person for
compensation before a state agency in the executive branch of the state
unless the representation involves the filing of documents.  The bill also
repeals Section 572.025 of the Government Code, which requires members of
the legislature to disclose such compensation on their financial
statements.  The bill makes a conforming amendment to Section 572.021 of
the Government Code, consistent with the purposes of the Act. 

EFFECTIVE DATE

September 1, 2003.  The Act applies only to representation before an
executive state agency for which a member of the legislature is hired on
or after September 1, 2003. 


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides that a member of the legislature may
not, for compensation, represent another person before a state agency in
the executive branch of state government unless the representation is
pursuant to an attorney-client relationship in a criminal law matter.  The
amendment strikes the provision in the original authorizing such
representation in connection with the filing of documents.