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A BILL TO BE ENTITLED
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AN ACT
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relating to lobbying by former members of the governor's executive |
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staff; providing civil and criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 572, Government Code, is |
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amended by adding Section 572.067 to read as follows: |
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Sec. 572.067. LOBBYING BY FORMER EMPLOYEE OF GOVERNOR |
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RESTRICTED; CRIMINAL OFFENSE. (a) In this section: |
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(1) "Administrative action," "communicates directly |
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with," "legislation," "member of the executive branch," and "member |
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of the legislative branch" have the meanings assigned by Section |
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305.002. |
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(2) "Member of the governor's executive staff" means a |
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person employed by the governor acting in the governor's official |
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capacity whose regular job duties include: |
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(A) formulating policy or testifying before and |
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meeting with members of the legislature; or |
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(B) supervising other employees in the |
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governor's office whose regular job duties include those described |
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by Paragraph (A). |
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(b) Except as provided by Subsection (c), a former member of |
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the governor's executive staff may not, before the first |
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anniversary of the date the person's employment by the governor |
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ends, engage in activities that require registration under Chapter |
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305. |
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(c) Subsection (b) does not apply to a former member of the |
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governor's executive staff who: |
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(1) is an officer of or employed by: |
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(A) a governmental entity; or |
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(B) a hospital or institution of higher education |
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that is exempt from federal income tax under Section 501(a), |
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Internal Revenue Code of 1986, by being listed as an exempt |
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organization under Section 501(c)(3), Internal Revenue Code of |
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1986; and |
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(2) communicates directly with a member of the |
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legislative or executive branch only to influence legislation or |
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administrative action on behalf of the entity described by |
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Subdivision (1) that the person serves or that employs the person. |
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(d) A person who knowingly violates this section commits an |
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offense. An offense under this section is a Class A misdemeanor. |
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(e) The commission may impose a civil penalty of not more |
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than $50,000 against a person who knowingly violates this section. |
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This subsection is in addition to any other available sanction for a |
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violation of this section. |
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SECTION 2. Section 572.067, Government Code, as added by |
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this Act, applies only to a member of the governor's executive staff |
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who ceases to be a member of the governor's executive staff on or |
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after September 1, 2009. |
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SECTION 3. This Act takes effect September 1, 2009. |