BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2735

80R14047 DLF-F                                                                                               By: Berman (Harris)

                                                                                                                                       State Affairs

                                                                                                                                              5/4/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law states that a lobbyist is responsible for reporting the entire amount of an expenditure that the lobbyist splits with another lobbyist.  However, this may create misleading reports concerning the amount of expenditures made by registered lobbyists. 

 

H.B. 2735 requires a lobbyist to report a non-registrant's expenditure if it is not reported elsewhere.  This bill prohibits the splitting of expenditures that exceed $500 with a non-registrant. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter A, Chapter 305, Government Code, by adding Section 305.0021, as follows:

 

Sec. 305.0021.  DETERMINATION OF AMOUNT OF JOINT EXPENDITURE.  (a)  Provides that an expenditure made by a registrant, or a person on the registrant's behalf and with the registrant's consent or ratification, who joins with another person to make an expenditure described by this chapter (Registration of Lobbyists), only includes the amount of the portion of the joint expenditure contributed by the registrant and the amount of any portion of the joint expenditure that is made on behalf of the registrant by a person who is not a registrant and is not otherwise reported under this chapter. 

 

(b)  Provides that the amount of a joint expenditure that is attributed to a person who is not a registrant is not an expenditure made and reported in accordance with this chapter for purposes of Section 36.02 (Bribery) or 36.10 (Non-Applicable), Penal Code. 

 

SECTION 2.  Amends Section 305.024, Government Code, by adding Subsection (c) to authorize the total value of a joint expenditure under Subsection (a)(2)(B), (C), or (D) (regarding certain restrictions on expenditures), notwithstanding Subsection (a), to exceed $500 if each portion of the expenditure is made by a registrant and does not exceed $500. 

 

SECTION 3.  Makes application of this Act prospective.  Provides that an offense is committed before the effective date of this Act if any element of the offense occurs before that date. 

 

SECTION 4.  Effective date: September 1, 2007.