82R10608 EES-D

By: Burnam H.B. No. 2708

A BILL TO BE ENTITLED

AN ACT

relating to certain activities by, employment of, and contracts of former members of the legislature and state agency heads; creating offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 572.002, Government Code, is amended by adding Subdivisions (5-a) and (10-a) to read as follows:

(5-a) "Legislative committee" means:

(A) a standing or select committee of either house of the legislature; or

(B) a committee that includes members of both houses of the legislature, including a joint committee, conference committee, or select committee, regardless of whether the committee includes persons who are not members of the legislature.

(10-a) "State agency head" means a person appointed as provided by the state constitution, state statute, or action of the governing body of a state agency to serve as the chief policymaking officer of a state agency described by Subdivision (10)(A).

SECTION 2. Subchapter C, Chapter 572, Government Code, is amended by adding Sections 572.065 through 572.072 to read as follows:

Sec. 572.065. FORMER LEGISLATOR OR FORMER STATE AGENCY HEAD: LOBBYING RESTRICTED; CRIMINAL OFFENSE. (a) In this section, "administrative action," "communicates directly with," "legislation," "member of the executive branch," and "member of the legislative branch" have the meanings assigned by Section 305.002.

(b) Except as provided by Subsection (d), a former member of the legislature may not, before the second anniversary of the date the last term for which the former member was elected ends, engage in activities that require registration under Chapter 305.

(c) Except as provided by Subsection (d), a former state agency head may not, before the second anniversary of the date the person ceases to be an agency head, engage in activities that require registration under Chapter 305.

(d) Subsection (b) or (c) does not apply to a former member or former state agency head who:

(1) communicates directly with a member of the legislative or executive branch only to influence legislation or administrative action on behalf of:

(A) a nonprofit organization;

(B) an individual;

(C) a group of low-income individuals; or

(D) a group of individuals with disabilities; and

(2) does not receive compensation other than reimbursement for actual expenses for engaging in communication described by Subdivision (1).

(e) To the extent of a conflict between this section and Section 572.066 or 572.067, this section controls.

(f) A former member or former state agency head who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Sec. 572.066. FORMER LEGISLATOR: REPRESENTATION OF CLIENTS RESTRICTED; CRIMINAL OFFENSE. (a) Except as provided by Subsection (b), a former member of the legislature may not, before the first anniversary of the date the last term for which the former member was elected ends, represent a client before a governmental entity with regard to a matter that was within the jurisdiction of a legislative committee on which the former member served during any part of the two years preceding the date the former member left office.

(b) Subsection (a) does not apply to a former member's representation of a client that:

(1) began before the former member was first elected to the legislature; and

(2) continued throughout the former member's service in the legislature.

(c) A former member of the legislature who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Sec. 572.067. FORMER STATE AGENCY HEAD: REPRESENTATION OF CLIENTS RESTRICTED; CRIMINAL OFFENSE. (a) Except as provided by Subsection (b), a former state agency head may not, before the first anniversary of the date the person ceases to be an agency head, represent a client before a governmental entity with regard to a matter that is related to the powers, duties, and functions of the agency of which the person was the head.

(b) Subsection (a) does not apply to a former state agency head's representation of a client that:

(1) began before the former state agency head was appointed as an agency head; and

(2) continued throughout the former state agency head's term as an agency head.

(c) A former state agency head who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

(d) If conduct that constitutes an offense under this section also constitutes an offense under Section 572.054, the person may be prosecuted under this section, Section 572.054, or both.

Sec. 572.068. FORMER LEGISLATOR: ELECTION OR APPOINTMENT TO OR EMPLOYMENT BY STATE DEPARTMENT, COMMISSION, BOARD, OR AGENCY; CRIMINAL OFFENSE. (a) Except as provided by Subsection (b), a former member of the legislature may not, before the second anniversary of the date the last term for which the member was elected ends, be:

(1) appointed to or employed by a department, commission, board, or other agency in the legislative, executive, or judicial branch of state government; or

(2) nominated, elected, or appointed to a public office that was created or for which the salary was increased during the former member's last term.

(b) Subsection (a) does not apply to an office for which the constitution prescribes the qualifications for holding office.

(c) A former member who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Sec. 572.069. FORMER LEGISLATOR: EMPLOYMENT BY REGULATED ENTITY RESTRICTED; CRIMINAL OFFENSE. (a) A former member of the legislature may not, before the second anniversary of the date the last term for which the former member was elected ends, be employed by an entity that is regulated by a department, commission, board, or other agency in the legislative, executive, or judicial branch of state government regarding a matter that was within the jurisdiction of a legislative committee on which the former member served during any part of the two years preceding the date the former member left office.

(b) A former member who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Sec. 572.070. FORMER STATE AGENCY HEAD: EMPLOYMENT BY REGULATED ENTITY RESTRICTED; CRIMINAL OFFENSE. (a) A former state agency head may not, before the second anniversary of the date the person ceases to be an agency head, be employed by an entity that is regulated by a department, commission, board, or other agency in the legislative, executive, or judicial branch of state government regarding a matter that is related to the powers, duties, and functions of the agency of which the person was the head.

(b) A former state agency head who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Sec. 572.071. FORMER LEGISLATOR: CONTRACTS WITH STATE RESTRICTED; CRIMINAL OFFENSE. (a) A former member of the legislature may not, before the second anniversary of the date the last term for which the member was elected ends, have an interest in a contract with a department, commission, board, or other agency in the legislative, executive, or judicial branch of state government if, during the last term for which the former member was elected, the legislature enacted a statute that:

(1) authorizes the contract; or

(2) appropriates money to pay the contract.

(b) A former member who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Sec. 572.072. FORMER STATE AGENCY HEAD: CONTRACTS WITH STATE RESTRICTED; CRIMINAL OFFENSE. (a) A former state agency head may not, before the second anniversary of the date the person ceases to be an agency head, have an interest in a contract with the agency of which the person was the head.

(b) A former state agency head who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

SECTION 3. Sections 572.065 through 572.072, Government Code, as added by this Act, apply only to a member of the legislature who ceases to be a member and the head of a state agency who ceases to be the head of a state agency on or after the effective date of this Act.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.