81R23863 ESH-F
 
  By: Anchia, Kolkhorst H.B. No. 3445
 
  Substitute the following for H.B. No. 3445:
 
  By:  Anchia C.S.H.B. No. 3445
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements governing registration and authorized
  activities of certain lobbyists.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 305, Government Code, is
  amended by adding Section 305.0041 to read as follows:
         Sec. 305.0041.  EXCEPTIONS FOR CERTAIN ACTIVITIES FOR WHICH
  COMPENSATION OR REIMBURSEMENT IS RECEIVED.  (a)  A person is not
  required to register under this chapter in accordance with Section
  305.003(a)(2) solely because the person receives or is entitled to
  receive compensation or reimbursement to:
               (1)  communicate to a member of the executive branch
  concerning state agency purchasing decisions involving a product,
  or negotiations regarding such decisions, if the compensation for
  the communication is not totally or partially contingent on the
  outcome of any administrative action;
               (2)  communicate as a member of an advisory committee
  or task force if the person is appointed to serve in that capacity
  by a member of the legislative or executive branch; or
               (3)  communicate as a member of a board, task force, or
  advisory committee on which a member of the legislative or
  executive branch also serves.
         (b)  A registrant who performs an activity described by
  Subsection (a) is not required to:
               (1)  provide information concerning that activity in
  the registrant's registration statement under Section
  305.005(f)(4) or (5)(B);
               (2)  provide information concerning the person who
  reimburses, retains, or employs the registrant to perform that
  activity under Section 305.005(f)(3) or (6) unless the registrant
  performs, on behalf of that person, other activities that require
  registration under this chapter; or
               (3)  provide information concerning a person employed
  or retained by the registrant for the purpose of assisting in that
  activity under Section 305.005(f)(5)(A) unless the person is also
  employed or retained by the registrant to assist with other
  activities that require registration under this chapter.
         SECTION 2.  Section 305.022, Government Code, is amended by
  amending Subsection (c) and adding Subsections (c-1), (c-2), and
  (e) to read as follows:
         (c)  For purposes of this chapter [section], a sales
  commission payable to an employee of a vendor of a product is not
  considered compensation contingent on the outcome of
  administrative action.
         (c-1)  For purposes of this chapter, a sales commission
  payable to an independent contractor of a vendor of a product is not
  considered compensation contingent on the outcome of an
  administrative action if the independent contractor is a registrant
  who reports the vendor as a client under this chapter and reports
  the full amount of the contingent fee in the manner required by
  commission rule.
         (c-2)  If the amount of contingent compensation is not known
  at the time of the disclosure required under Subsection (c-1), the
  registrant must disclose:
               (1)  a reasonable estimate of the amount of the
  contingent compensation; and
               (2)  the method under which the contingent
  compensation will be computed.
         (e)  For purposes of this chapter, the term "product" means
  goods acquired for direct consumption or use by the agency in the
  day-to-day support of the agency's administrative operations, such
  as office supplies and equipment, and does not include services or
  the selection of a service provider.
         SECTION 3.  Section 403.1067(b), Government Code, is amended
  to read as follows:
         (b)  Except as provided by this subsection, the [The] persons
  or entities described by Subsection (a) are not eligible to receive
  the money or participate either directly or indirectly in the
  contracts, funds, or grants awarded in Section 403.105, 403.1055,
  403.106, 403.1065, or 403.1066.  A registrant under Chapter 305 is
  not ineligible under this subsection if the person is required to
  register under that chapter solely because the person communicates
  directly with a member of the executive branch to influence
  administrative action concerning a matter relating to the purchase
  of products by a state agency.
         SECTION 4.  Section 161.301, Health and Safety Code, is
  amended by amending Subsection (d) and adding Subsection (f) to
  read as follows:
          (d)  The commissioner may not award a contract under
  Subsection (b) to:
               (1)  a person or entity that is required to register
  with the Texas Ethics Commission under Chapter 305, Government
  Code, except as provided by Subsection (f);
               (2)  any partner, employee, employer, relative,
  contractor, consultant, or related entity of a person or entity
  described by Subdivision (1) and not described by Subsection (f);
  or
               (3)  a person or entity who has been hired to represent
  associations or other entities for the purpose of affecting the
  outcome of legislation, agency rules, or other government policies
  through grassroots or media campaigns.
         (f)  A registrant under Chapter 305, Government Code, is not
  ineligible under Subsections (d) and (e) if the person is required
  to register under that chapter solely because the person
  communicates directly with a member of the executive branch to
  influence administrative action concerning a matter relating to the
  purchase of products by a state agency.
         SECTION 5.  A person who is required to register under
  Chapter 305, Government Code, solely as a result of the change in
  law made by this Act is not required to register under that chapter
  before January 1, 2010.
         SECTION 6.  This Act takes effect September 1, 2009.