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A BILL TO BE ENTITLED
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AN ACT
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relating to registration as lobbyists of certain persons who |
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influence state purchasing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 305.002(1), Government Code, is amended |
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to read as follows: |
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(1) "Administrative action" means rulemaking, |
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licensing, or any other matter that may be the subject of action by |
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a state agency, including a matter relating to the purchase of |
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products or services by the agency. The term includes the proposal, |
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consideration, or approval of the matter or negotiations concerning |
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the matter. |
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SECTION 2. The heading of Section 305.004, Government Code, |
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is amended to read as follows: |
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Sec. 305.004. GENERAL EXCEPTIONS. |
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SECTION 3. Subchapter A, Chapter 305, Government Code, is |
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amended by adding Section 305.0042 to read as follows: |
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Sec. 305.0042. EXCEPTION FOR CERTAIN COMMUNICATIONS |
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RELATED TO STATE PURCHASING. (a) A person is not required to |
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register under this chapter in accordance with Section |
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305.003(a)(2) solely because the person receives compensation or |
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reimbursement to communicate, as an employee or contractor of a |
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vendor of a product or of a provider of a service, to a member of the |
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executive branch concerning a purchasing decision of a state agency |
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if: |
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(1) the purchase of the product or service is not |
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subject to competitive bidding requirements or competitive |
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proposal requirements or the cost of the product or service does not |
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otherwise exceed a maximum cost limit established by commission |
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rule; or |
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(2) the product or service is on a catalog or similar |
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listing of prequalified products or services for purchase by a |
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state agency. |
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(b) A registrant who makes a communication described by |
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Subsection (a) is not required to provide information concerning |
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the communication in the registrant's registration statement under |
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Section 305.005(f)(4) or (5)(B). |
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(c) A registrant who makes a communication described by |
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Subsection (a) is not required to provide information concerning |
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the person who reimburses, retains, or employs the registrant to |
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make the communication under Section 305.005(f)(3) or (6) unless |
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the registrant performs, on behalf of that person, other activities |
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that require registration under this chapter. |
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(d) A registrant who makes a communication described by |
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Subsection (a) is not required to provide information concerning a |
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person employed or retained by the registrant for the purpose of |
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assisting in the communication under Section 305.005(f)(5)(A) |
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unless the person is also employed or retained by the registrant to |
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assist with other activities that require registration under this |
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chapter. |
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SECTION 4. Section 403.1067(b), Government Code, is amended |
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to read as follows: |
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(b) Except as provided by this subsection, the [The] persons |
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or entities described by Subsection (a) are not eligible to receive |
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the money or participate either directly or indirectly in the |
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contracts, funds, or grants awarded in Section 403.105, 403.1055, |
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403.106, 403.1065, or 403.1066. A registrant under Chapter 305 is |
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not ineligible under this subsection if the person is required to |
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register under that chapter solely because the person communicates |
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directly with a member of the executive branch to influence |
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administrative action concerning a matter relating to the purchase |
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of products or services by a state agency. |
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SECTION 5. Section 161.301, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsection (f) to |
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read as follows: |
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(d) The commissioner may not award a contract under |
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Subsection (b) to: |
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(1) a person or entity that is required to register |
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with the Texas Ethics Commission under Chapter 305, Government |
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Code, except as provided by Subsection (f); |
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(2) any partner, employee, employer, relative, |
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contractor, consultant, or related entity of a person or entity |
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described by Subdivision (1) and not described by Subsection (f); |
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or |
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(3) a person or entity who has been hired to represent |
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associations or other entities for the purpose of affecting the |
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outcome of legislation, agency rules, or other government policies |
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through grassroots or media campaigns. |
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(f) A registrant under Chapter 305, Government Code, is not |
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ineligible under Subsections (d) and (e) if the person is required |
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to register under that chapter solely because the person |
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communicates directly with a member of the executive branch to |
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influence administrative action concerning a matter relating to the |
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purchase of products or services by a state agency. |
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SECTION 6. A person who is required to register under |
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Chapter 305, Government Code, solely as a result of the change in |
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law made by this Act, is not required to register under that chapter |
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before January 1, 2008. |
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SECTION 7. This Act takes effect September 1, 2007. |