By:  Wilson                                                       H.B. No. 3149


A BILL TO BE ENTITLED
AN ACT
relating to conflicts of interests of registrants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 305.028, Government Code, is amended to read as follows: (a) In this subchapter: (1) "Client" means a person or entity for which the registrant is registered or is required to be registered. (2) "Person associated with the registrant" means a partner or other person professionally associated with the registrant through a common business entity, other than a client, that reimburses, retains or employs the registrant. (b) [(a)] Except as permitted by Subsection (c), a registrant may not represent a client [opposing parties] in communicating directly with a member of the legislative or executive branch to influence the same legislative subject matter [legislation] or administrative action: [. [(b) Except as permitted by Subsection (c), a registrant may not represent a person in communicating directly with a member of the legislative or executive branch to influence legislation or administrative action] if the representation of that client: [person:] (1) involves a substantially related matter in which that client's [person's] interests are materially and directly adverse to the interests of: (A) another client of the registrant; (B) an employer or concern employing the registrant; or (C) another client of a partner or other person associated with the registrant; or (2) reasonably appears to be [or potentially be] adversely limited by: (A) the registrant's, the employer's or concern's, or the partner's or other associated person's responsibilities to another client [or to a third person]; or (B) the registrant's, employer's or concern's, or partner's or other associated person's own interests. (c) A registrant may represent a client in the circumstances described in Subsection (b) [(a) or (b)] if: (1) the registrant reasonably believes the representation of each client will not be materially affected; (2) not later than the second business day after the date the registrant becomes aware of a [an actual or potential] conflict described by Subsection (b) [(a) or (b)], the registrant provides written notice, in the manner required by the commission, to each affected [or potentially affected] client; and (3) not later than the 10th day after the date the registrant becomes aware of a [an actual or potential] conflict described by Subsection (b) [(a) or (b)], the registrant files with the commission a statement indicating that (A) there is a [an actual or potential] conflict, (B) [and] that the registrant has notified each affected [or potentially affected] client as required by Subdivision (2), and (C) the name and address of the affected client(s) in the statement. (d) If a registrant has accepted representation in conflict with the restrictions of this section, or if multiple representation properly accepted becomes improper under this section, the registrant shall promptly withdraw from one or more representations to the extent necessary for any remaining representation not to be in conflict with this section. (e) If a registrant would be prohibited by this section from engaging in particular conduct, an employer or concern employing the registrant or a partner or other person associated with the registrant may not engage in that conduct. (f) In each report filed with the commission, a registrant shall, under oath, affirm that the registrant has complied with this section to the best of his her knowledge. (g) The commission may receive complaints regarding a violation of this section. If the commission determines a violation of this section has occurred, the commission, after notice and hearing: (1) may impose any penalty that the commission may impose under another state law; and (2) may rescind the person's registration and may prohibit the person from registering with the commission for a period not to exceed two years from the date of the rescission of the person's registration. (h) A penalty under this section is in addition to any other enforcement action that the commission or another person may take under this chapter. (i) A restriction on a registrant under this section is in addition to any restrictions on the registrant's conduct under Section 305.0011. (j) A statement filed under Subsection (c) is not public information. SECTION 2. Section 305.031, Government Code, is amended to read as follows: (a) A person commits an offense if the person intentionally or knowingly violates a provision of this chapter other than Section 305.0011, 305.022, or 305.028. An offense under this subsection is a Class A misdemeanor. (b) A person commits an offense if the person intentionally or knowingly violates Section 305.022. An offense under this subsection is a felony of the third degree. [(c) A person commits an offense if the person knowingly violates Section 305.028. An offense under this subsection is a Class B misdemeanor.] (c) [(d)] This chapter does not affect the criminal responsibility of a person under the state laws relating to perjury. (d) [(e)] This section does not prohibit the commission from imposing a civil penalty for a violation. SECTION 3. This Act takes effect September 1, 2003.