BILL ANALYSIS
Senate Research Center S.B. 1193
80R7913 ESH-D By: Patrick, Dan
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
While few, if any, candidates run for a position in the Texas Legislature with the intention of becoming a lobbyist upon leaving office, many former members are indeed lobbyists. Current law provides no restriction on former members who commence lobbying activities, thereby permitting them to do so immediately after leaving office. This usage of leverage gained from former public service is distasteful to much of the public and may not be in the public’s best interest.
As proposed, S.B. 1193 prohibits a former member of the legislature from engaging in lobbying activities until two regular legislative sessions have passed and makes a violation of this prohibition a Class A misdemeanor.
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 C, Chapter 572, Government Code, by adding Section 572.062, as follows:
Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED; CRIMINAL OFFENSE. (a) Defines “administrative action,” “communicates directly with,” “legislation,” “member of the executive branch,” and “member of the legislative branch.”
(b) Prohibits a former member of the legislature, before the date of final adjournment of the second regular legislative session convening after the date the person ceases to be a member, from engaging in activities requiring registration under Chapter 305 (Registration of Lobbyists), except as provided by Subsection (c).
(c) Sets forth the persons to whom this section does not apply.
(d) Provides that a violation of this section is a Class A misdemeanor.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2007.