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A BILL TO BE ENTITLED
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AN ACT
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relating to exceptions to the requirements that certain persons |
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register under the lobby law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 305.003, Government Code, is amended by |
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adding Subsections (b-3), (d), and (e) to read as follows: |
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(b-3) Subsection (a)(2) does not require a person to |
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register if the person spends not more than five percent of the time |
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for which the person is compensated or reimbursed during the |
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calendar quarter engaging in activity to communicate directly with |
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a member of the legislative or executive branch to influence |
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legislation or administrative action. |
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(d) A corporation, association, firm, partnership, |
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committee, club, organization, or other group of persons is not |
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required to register under this section if the expenditures made on |
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behalf of the entity, and compensation paid by the entity, to |
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communicate directly with a member of the legislative or executive |
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branch to influence legislation or administrative action are |
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reported by an individual who is a registrant in accordance with |
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this chapter and rules of the commission. |
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(e) An expenditure made by a member of the judicial, |
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legislative, or executive branch acting in the member's official |
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capacity is not included for purposes of determining whether a |
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person is required to register in accordance with Subsection |
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(a)(1). |
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SECTION 2. Section 305.004, Government Code, is amended to |
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read as follows: |
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Sec. 305.004. GENERAL EXCEPTIONS. The following persons |
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are not required to register under this chapter: |
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(1) a person who owns, publishes, or is employed by a |
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newspaper, any other regularly published periodical, a radio |
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station, a television station, a wire service, or any other bona |
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fide news medium that in the ordinary course of business |
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disseminates news, letters to the editors, editorial or other |
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comment, or paid advertisements that directly or indirectly oppose |
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or promote legislation or administrative action, if the person does |
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not engage in further or other activities that require registration |
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under this chapter and does not represent another person in |
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connection with influencing legislation or administrative action; |
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(2) [a person whose only direct communication with a
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member of the legislative or executive branch to influence
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legislation or administrative action is an appearance before or
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testimony to one or more members of the legislative or executive
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branch in a hearing conducted by or on behalf of either the
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legislative or the executive branch and who does not receive
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special or extra compensation for the appearance other than actual
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expenses incurred in attending the hearing
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[(3)] a person whose only activity is to encourage or |
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solicit members, employees, or stockholders of an entity by whom |
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the person is reimbursed, employed, or retained to communicate |
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directly with members of the legislative or executive branch to |
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influence legislation or administrative action; |
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(3) [(4)] a person whose only activity to influence |
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legislation or administrative action is to compensate or reimburse |
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an individual registrant to act in the person's behalf to |
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communicate 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) [(5)] a person whose only activity to influence |
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legislation or administrative action is attendance at a meeting or |
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entertainment event attended by a member of the legislative or |
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executive branch if the total cost of the meeting or entertainment |
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event is paid by a business entity, union, or association; |
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(5) [(6)] a person whose only compensation subject to |
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Section 305.003(a)(2) consists of reimbursement for any wages not |
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earned due to attendance at a meeting or entertainment event, |
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travel to and from the meeting or entertainment event, admission to |
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the meeting or entertainment event, and any food and beverage |
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consumed at the meeting or entertainment event if the meeting or |
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entertainment event is attended by a member of the legislative or |
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executive branch and if the total cost of the meeting or |
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entertainment event is paid by a business entity, union, or |
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association; and |
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(6) [(7)] a person who communicates directly with a |
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member of the legislative or executive branch on behalf of a |
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political party concerning legislation or administrative action, |
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and whose expenditures and compensation, as described in Section |
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305.003, combined do not exceed $5,000 a calendar year. |
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SECTION 3. Subchapter A, Chapter 305, Government Code, is |
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amended by adding Section 305.0041 to read as follows: |
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Sec. 305.0041. EXCEPTIONS FOR CERTAIN ACTIVITIES FOR WHICH |
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COMPENSATION OR REIMBURSEMENT IS RECEIVED. (a) A person is not |
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required to 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: |
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(1) provide oral or written comment to one or more |
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members of the executive branch in connection with a rulemaking |
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process; |
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(2) appear before, or make another type of |
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communication to, one or more members of the legislative or |
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executive branch in connection with a hearing conducted by or on |
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behalf of either the legislative or executive branch; |
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(3) request a written opinion that interprets a law, |
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regulation, rule, policy, practice, or procedure administered by a |
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state agency; |
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(4) merely provide, in preparing or submitting an |
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application or other written document, information that: |
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(A) is required by law, order, or subpoena; or |
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(B) responds to a document prepared by a state |
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agency; |
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(5) communicate merely for the purpose of |
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demonstrating compliance with an audit, inspection, examination of |
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a financial institution, or government investigation to interpret |
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and determine compliance with existing laws, policies, and |
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procedures; |
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(6) communicate to achieve compliance with existing |
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laws, rules, policies, and procedures, including communicating to |
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show qualification for an exception of general applicability that |
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is available under existing laws, rules, policies, and procedures; |
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(7) communicate as a member of an advisory committee |
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or task force, if the person is appointed to serve in that capacity |
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by a member of the legislative or executive branch; |
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(8) communicate to respond to a specific request for |
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information from a member of the legislative or executive branch, |
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if the request was not solicited by or on behalf of the person |
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providing the information; |
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(9) communicate to legal counsel of a state agency, an |
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administrative law judge, or a hearings examiner concerning: |
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(A) litigation or adjudicative proceedings to |
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which the agency is a party; or |
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(B) adjudicative proceedings of that agency; |
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(10) communicate to provide testimony, make an |
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appearance, or make any other type of communication documented as |
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part of a public record in a proceeding of an adjudicative nature of |
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the type authorized by or subject to Chapter 2001, without regard to |
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whether that proceeding is subject to Chapter 551; |
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(11) provide only clerical assistance to another in |
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connection with the other person's activities that require |
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registration under this chapter, such as merely typing or |
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delivering another person's letter to a member of the legislative |
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or executive branch; |
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(12) communicate as an employee or contractor of a |
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vendor of a product or service to a member of the executive branch |
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concerning a purchasing decision of a state agency if: |
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(A) 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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(B) the product or service is on a catalog or |
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similar listing of prequalified products or services for purchase |
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by a state agency; or |
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(13) perform any combination of activities described |
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by Subdivisions (1)-(12). |
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(b) A registrant who performs an activity described by |
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Subsection (a) is not required to provide information concerning |
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the activity 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 performs an activity 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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perform that activity under Section 305.005(f)(3) or (6) unless the |
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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 performs an activity 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 that activity under Section 305.005(f)(5)(A), unless |
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the person is also employed or retained by the registrant to assist |
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with other activities that require registration under this chapter. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |