H.B. No. 2202




AN ACT

relating to prohibited conflicts of interest of registered 
lobbyists.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 305.028, Government Code, is amended by 
amending Subsection (b) and adding Subsections (c-1) and (k) to 
read as follows:
	(b)  Except as permitted by Subsection (c) or (c-1), a 
registrant may not represent a client in communicating directly 
with a member of the legislative or executive branch to influence 
legislative subject matter or administrative action if the 
representation of that client:
		(1)  involves a substantially related matter in which 
that client'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 person associated with 
the registrant; or         
		(2)  reasonably appears to be adversely limited by:                           
			(A)  the registrant's, the employer's or 
concern's, or the other associated person's responsibilities to 
another client; or
			(B)  the registrant's, employer's or concern's own 
interest, or other associated person's own business interests.
	(c-1)  A registrant may represent a client in the 
circumstances described in Subsection (b)  without regard to 
whether the registrant reasonably believes the representation of 
each client will be materially affected if:
		(1)  the registrant provides the written notice to each 
affected client as described by Subsection (c)(2) and files the 
statement described by Subsection (c)(3); and
		(2)  after the registrant has provided the written 
notice described by Subsection (c)(2), each affected client of the 
registrant consents to the conflict and grants the registrant 
permission to continue the representation.
	(k)  The commission may adopt rules to implement this section 
consistent with this chapter, the Texas Disciplinary Rules of 
Professional Conduct, and the common law of agency.
	SECTION 2.  Section 305.031(a), 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, 305.012,] 305.022[,] or 305.028.  An offense 
under this subsection is a Class A misdemeanor.
	SECTION 3.  Sections 305.0011 and 305.028(i), Government 
Code, are repealed. 
	SECTION 4.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2202 was passed by the House on April 
29, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 2202 was passed by the Senate on May 
16, 2005, by the following vote:  Yeas 30, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor