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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements governing registration and authorized |
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activities of certain lobbyists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 305, Government Code, is |
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amended by adding a new subsection (c)(2) to Section 305.005 and |
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renumbering subsequent subsections to read as follows: |
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305.005. Registration |
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(a) Each person required to register under this chapter shall file |
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a written registration with the commission and shall submit a |
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registration fee. |
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(b) A registration filed under this chapter expires at midnight, |
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December 31, of each year unless the registrant submits a |
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registration renewal form to the commission on a form prescribed by |
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the commission and submits the registration renewal fee. The |
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registrant may file the registration renewal form and the fee |
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anytime in December of the year in which the registration expires. |
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(c) The registration fee and registration renewal fee are: |
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(1) $100 for a registrant employed by an organization exempt from |
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federal income tax under Section 501(c)(3) or 501(c)(4), Internal |
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Revenue Code of 1986; [or] |
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(2) $50 for any person required to register solely because the |
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person is required to register under Sec. 305.0041 of this Chapter; |
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or |
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(3) $500 for any other registrant. |
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SECTION 2. 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 or executive branch office, including a matter |
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relating to the purchase of products or services by the agency or |
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office. The term includes the proposal, consideration, or approval |
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of the matter or negotiations concerning the matter. |
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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 or is entitled to |
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receive compensation or reimbursement to: |
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(1) communicate as an employee of a vendor of a |
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product or service to a member of the executive branch concerning |
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state agency purchasing decisions that do not exceed ten million |
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dollars involving a product, service or service provider or |
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negotiations regarding such decisions; |
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(2) communicate as an employee of a vendor of a |
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product or service to a member of the executive branch concerning |
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state agency purchasing decisions that exceed ten million dollars |
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involving a product, service or service provider or negotiations |
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regarding such decisions if the compensation for the communication |
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is not totally or partially contingent on the outcome of any |
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administrative action; or |
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(3) communicate in a capacity other than as an |
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employee of a vendor of a product or service to a member of the |
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executive branch concerning state agency purchasing decisions |
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involving a product, service or service provider or negotiations |
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regarding such decisions if the compensation for the communication |
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is not totally or partially contingent on the outcome of any |
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administrative action; |
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(4) 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; or |
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(5) communicate as a member of a board, task force, or |
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advisory committee on which a member of the legislative or |
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executive branch also serves. |
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(b) A registrant who performs an activity described by |
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Subsection (a) is not required to: |
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(1) provide information concerning that activity in |
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the registrant's registration statement under Section |
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305.005(f)(4) or (5)(B); |
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(2) provide information concerning the person who |
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reimburses, retains, or employs the registrant to perform that |
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activity under Section 305.005(f)(3) or (6) unless the registrant |
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performs, on behalf of that person, other activities that require |
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registration under this chapter; or |
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(3) provide information concerning a person employed |
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or retained by the registrant for the purpose of assisting in that |
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activity under Section 305.005(f)(5)(A) unless the person is also |
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employed or retained by the registrant to assist with other |
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activities that require registration under this chapter. For the |
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purposes of this chapter, a registrant is not required to list as an |
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assistant another person who is also registered for the same client |
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as the registrant. |
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SECTION 4. Section 305.022, Government Code, is amended by |
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amending Subsection (c) and adding Subsections (c-1), (c-2), (c-3) |
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and (e) to read as follows: |
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(c) For purposes of this chapter [section], |
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(i) a sales commission payable to an employee of a vendor of |
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a product or service is not considered compensation contingent on |
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the outcome of administrative action if the amount of the state |
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agency purchasing decision does not exceed ten million dollars. |
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(ii)A quarterly or annual compensation performance bonus |
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payable to an employee of a vendor of a product or service is |
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not considered compensation contingent on the outcome of |
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administrative action; |
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(c-1) For purposes of this chapter, a sales commission or other |
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such fee payable to an independent contractor of a vendor of a |
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product or service is not considered compensation contingent on the |
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outcome of an administrative action if the independent contractor |
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(i)is a registrant who reports the vendor as a client under |
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this chapter; |
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(ii) reports the full amount of the commission or fee in the |
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manner required by commission rule; and |
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(iii) if the amount of the state agency purchasing decision |
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does not exceed ten million dollars. |
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(c-2) For purposes of this chapter, a commission or fee paid |
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to a person by a state agency is not considered compensation |
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contingent on the outcome of an administrative action if the person |
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paid a commission or a fee by a state agency |
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(i)is a registrant who reports the state agency as a client |
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under this chapter; and |
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(ii) reports the full amount of the commission or fee in the |
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manner required by commission rule. |
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(c-3) If the amount of compensation or fee is not known at |
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the time of the disclosure required under Subsection (c-1), the |
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registrant must disclose: |
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(i) a reasonable estimate of the maximum amount of the |
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compensation or fee; and |
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(ii) the method under which the compensation or fee will be |
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computed; and |
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(iii) such other factors as may be required by the |
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commission by rule. |
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(e) For purposes of this section, the term "employee" means |
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a person employed full-time by an employer to perform services for |
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compensation. The term does not include an independent contractor |
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or consultant. |
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(f) The provisions of this chapter shall not be applicable |
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to a transaction for the sale, lease, or services provided in |
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connection with the sale or lease of any real properties or real |
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properties interest owned or managed by the Permanent School Fund |
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or General Land Office. |
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SECTION 5. 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 6. 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 7. 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, 2010. |
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SECTION 8. This Act takes effect September 1, 2009. |
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