By: Delisi H.B. No. 3530
A BILL TO BE ENTITLED
AN ACT
relating to certain communications with state employees, agents,
contractors and sub-contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 305, Government Code, Section 305.003 is
amended to read as follows:
Sec. 305.003. PERSONS REQUIRED TO REGISTER. (a) A person
must register with the commission under this chapter if the person:
(1) makes a total expenditure of an amount determined
by commission rule but not less than $200 in a calendar quarter, not
including the person's own travel, food, or lodging expenses or the
person's own membership dues, on activities described in Section
305.006(b) to communicate directly with one or more members of the
legislative or executive branch, employees, agents, contractors or
sub-contractors of the state to influence the expenditure of state
funds, legislation or administrative action; or
(2) receives compensation or reimbursement, not
including reimbursement for the person's own travel, food, or
lodging expenses or the person's own membership dues, of more than
an amount determined by commission rule but not less than $200 in a
calendar quarter from another person to communicate directly with a
member of the legislative or executive branch one or more
employees, agents, contractors or sub-contractors of the state to
influence the expenditure of state funds, legislation or
administrative action.
(b) Subsection (a)(2) requires a person to register if the
person, as part of his regular employment, has communicated
directly with a member of the legislative or executive branch one or
more employees, agents, contractors or sub-contractors of the state
to influence the expenditure of state funds, legislation or
administrative action on behalf of the person by whom he is
compensated or reimbursed, whether or not the person receives any
compensation for the communication in addition to the salary for
that regular employment. However, Subsection (a)(2) does not
require a member of the judicial, legislative, or executive branch
of state government or an officer or employee of a political
subdivision of the state to register.
(c) A person who communicates directly with a member of the
executive branch or one or more employees, agents, contractors or
sub-contractors of the state to influence administrative action is
not required to register under Subsection (a)(2) if the person is an
attorney of record or pro se, the person enters his appearance in a
public record through pleadings or other written documents in a
docketed case pending before a state agency, and that communication
is the only activity that would otherwise require the person to
register.
SECTION 2. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.