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A BILL TO BE ENTITLED
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AN ACT
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relating to political consultants who are, or who are associated |
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with, registered lobbyists; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 305.002, Government Code, is amended by |
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adding Subdivisions (15) and (16) to read as follows: |
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(15) "Political consultant" means a person who |
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provides, in connection with an actual or potential campaign of a |
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candidate, as that term is defined by Section 251.001, Election |
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Code, or officeholder, as that term is described by Section |
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251.002, Election Code: |
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(A) consulting in relation to political |
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strategy; |
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(B) consulting or services in relation to |
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fund-raising; |
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(C) voter demographics and polling; |
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(D) speech writing; |
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(E) services related to political advertising; |
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or |
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(F) planning and scheduling of public |
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appearances. |
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(16) "Political consultant associated with the |
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registrant" means a person associated with the registrant who is a |
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political consultant. The term includes a person who is an officer |
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or partner of, owns an interest in, or is employed to act as a |
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political consultant by, a business entity that: |
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(A) employs the registrant to communicate |
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directly with a member of the legislative or executive branch to |
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influence legislation or administrative action; |
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(B) is, in whole or in part, under common |
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ownership or control with another business entity that employs the |
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registrant to communicate directly with a member of the legislative |
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or executive branch to influence legislation or administrative |
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action; or |
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(C) is owned or controlled, in whole or in part, |
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by the registrant. |
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SECTION 2. Sections 305.005(f) and (g), Government Code, |
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are amended to read as follows: |
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(f) The registration must be written and verified and must |
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contain: |
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(1) the registrant's full name and address; |
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(2) the registrant's normal business, business phone |
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number, and business address; |
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(3) the full name and address of each person: |
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(A) who reimburses, retains, or employs the |
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registrant to communicate directly with a member of the legislative |
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or executive branch to influence legislation or administrative |
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action; and |
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(B) on whose behalf the registrant has |
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communicated directly with a member of the legislative or executive |
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branch to influence legislation or administrative action; |
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(4) the full name and address of each person: |
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(A) who reimburses, retains, or employs the |
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registrant to act as a political consultant; and |
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(B) on whose behalf the registrant has acted as a |
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political consultant; |
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(5) the subject matter of the legislation or of the |
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administrative action that is the subject of the registrant's |
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direct communication with a member of the legislative or executive |
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branch and, if applicable, the docket number or other |
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administrative designation of the administrative action; |
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(6) [(5)] for each person employed or retained by the |
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registrant for the purpose of assisting in direct communication |
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with a member of the legislative or executive branch to influence |
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legislation or administrative action: |
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(A) the full name, business address, and |
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occupation of the person; and |
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(B) the subject matter of the legislation or of |
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the administrative action to which the person's activities |
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reportable under this section were related and, if applicable, the |
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docket number or other administrative designation of the |
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administrative action; |
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(7) for each political consultant associated with the |
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registrant: |
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(A) the full name and business address of the |
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political consultant; and |
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(B) the full name and address of each person: |
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(i) who reimburses, retains, or employs the |
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political consultant to act as a political consultant; and |
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(ii) on whose behalf the political |
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consultant has acted as a political consultant; [and] |
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(8) [(6)] the amount of compensation or reimbursement |
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paid by each person who reimburses, retains, or employs the |
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registrant for the purpose of communicating directly with a member |
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of the legislative or executive branch or on whose behalf the |
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registrant communicates directly with a member of the legislative |
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or executive branch; |
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(9) the amount of compensation or reimbursement paid |
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by each person who reimburses, retains, or employs the registrant |
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to act as a political consultant; and |
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(10) the amount of compensation or reimbursement paid |
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by each person who reimburses, retains, or employs a political |
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consultant associated with the registrant to act as a political |
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consultant. |
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(g) Compensation or reimbursement required to be reported |
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under Subsection (f)(8), (9), or (10), [Subsection (f)(6)] shall be |
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reported in the following categories unless reported as an exact |
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amount: |
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(1) $0 if no compensation or reimbursement is |
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received; |
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(2) less than $10,000; |
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(3) at least $10,000 but less than $25,000; |
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(4) at least $25,000 but less than $50,000; |
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(5) at least $50,000 but less than $100,000; |
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(6) at least $100,000 but less than $150,000; |
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(7) at least $150,000 but less than $200,000; and |
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(8) $200,000 or more. |
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SECTION 3. Section 305.011, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1) and |
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(b-1) to read as follows: |
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(a) Not later than February 1 of each odd-numbered year, the |
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commission shall prepare the lists required by this section. |
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(a-1) The commission shall prepare a list of the names of |
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registrants and shall indicate by each registrant's name each |
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employer or concern employing the registrant in relation to |
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activities that require registration under this chapter. The |
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commission shall also prepare a list of registrants who are |
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political consultants and shall indicate by each registrant's name |
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each employer or concern employing the registrant as a political |
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consultant. |
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(b) The [In addition to the list required under Subsection
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(a), the] commission shall prepare a list of the names of any |
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employer or concern employing a registrant in relation to |
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activities that require registration under this chapter and shall |
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indicate each registrant compensated by the employer or concern. |
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The commission shall also prepare a list of any employer or concern |
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employing a registrant as a political consultant and shall indicate |
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each registrant compensated by the employer or concern for services |
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as a political consultant. |
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(b-1) The commission shall prepare a list of registrants and |
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indicate by each registrant's name each political consultant |
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associated with the registrant. The list shall indicate the |
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general character of the association in a manner determined by the |
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commission. |
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SECTION 4. Subchapter B, Chapter 305, Government Code, is |
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amended by adding Section 305.029 to read as follows: |
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Sec. 305.029. DISCLOSURE CONCERNING ACTIVITIES OF |
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POLITICAL CONSULTANT. (a) A registrant may not represent a client |
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unless the registrant provides written notice to the client, in the |
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manner required by the commission, that discloses: |
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(1) the full name and address of each person: |
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(A) who reimburses, retains, or employs the |
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registrant to act as a political consultant; and |
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(B) on whose behalf the registrant has acted as a |
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political consultant; and |
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(2) for each political consultant associated with the |
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registrant: |
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(A) the full name and business address of the |
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political consultant; and |
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(B) the full name and address of each person: |
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(i) who reimburses, retains, or employs the |
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political consultant to act as a political consultant; and |
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(ii) on whose behalf the political |
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consultant has acted as a political consultant. |
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(b) A political consultant associated with a registrant |
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shall provide written notice that discloses the full name and |
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address of the registrant, in the manner required by the |
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commission, to each person: |
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(1) who reimburses, retains, or employs the political |
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consultant to act as a political consultant; and |
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(2) on whose behalf the political consultant has acted |
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as a political consultant. |
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(c) To satisfy the requirement of Subsection (a) or (b), the |
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person who receives the notice must acknowledge receipt of the |
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notice in writing. |
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(d) In each report filed with the commission, a registrant |
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shall, under oath, affirm that the registrant has, to the best of |
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the registrant's knowledge, complied with this section. |
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(e) The commission may receive complaints regarding a |
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violation of this section. If the commission determines a |
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violation of this section has occurred, the commission, after |
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notice and hearing: |
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(1) shall impose a civil penalty in an amount not to |
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exceed $2,000; and |
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(2) may rescind a person's registration and may |
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prohibit a person from registering with the commission for a period |
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not to exceed two years from the date of the rescission of the |
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person's registration. |
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(f) A penalty under this section is in addition to any other |
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enforcement action that the commission or another person may take |
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under this chapter or other law. |
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SECTION 5. Section 305.031(a), Government Code, is amended |
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to read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly violates a provision of this chapter other than |
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Section 305.022, [or] 305.028, or 305.029. An offense under this |
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subsection is a Class A misdemeanor. |
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SECTION 6. Section 305.005, Government Code, as amended by |
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this Act, applies only to a registration or registration renewal |
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required to be filed under Chapter 305, Government Code, on or after |
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September 1, 2007. A registration or registration renewal required |
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to be filed under Chapter 305, Government Code, before September 1, |
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2007, is governed by the law as it existed immediately before |
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September 1, 2007, and that law is continued in effect for this |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2007. |