BILL ANALYSIS |
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C.S.H.B. 582 |
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By: Howard |
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Elections |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Interested parties note that the so-called revolving door between public service and lobbying has received a good deal of scrutiny over the years. These parties further note that, as a result of this scrutiny, laws have been enacted at both the federal and state level to require some form of waiting period before former lawmakers can begin working as lobbyists. The parties contend that, because Texas has not approved this type of restriction, many former legislators begin working as lobbyists immediately after leaving office and, because of that rapid transition, often leave office with money still in their campaign bank accounts.
The parties further contend that, while political contributions made to an individual candidate generally are made to a campaign for the purpose of helping that person get elected to public office and cannot be converted to personal use, a person can make a political contribution from these funds to other individual candidates. The parties argue that the political nature of the lobbying profession creates a gray area because a former officeholder who registers to lobby is appropriately entitled to exercise a right as a private citizen to contribute to political candidates, yet, as a lobbyist, is not required to use personal funds to exercise that right.
C.S.H.B. 582 seeks to address this gray area by prohibiting a lobbyist who is a former elected official from making political contributions from funds the lobbyist accepted either as a candidate for office or as an officeholder for a specified period after leaving office.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 582 amends the Election Code to make it a Class A misdemeanor offense for a person required to register as a lobbyist to knowingly make or authorize a political contribution or political expenditure, before the second anniversary of the date the last term for which the person was elected ends, from political contributions accepted by the person as a candidate or officeholder. The bill exempts from this provision a person who communicates directly with a member of the legislative or executive branch only to influence legislation or administrative action on behalf of a nonprofit charitable organization exempt from federal income tax or on behalf of either a group of low-income individuals or a group of individuals with disabilities and who does not receive compensation other than reimbursement for actual expenses for engaging in such communication.
C.S.H.B. 582 amends the Government Code to prohibit a person required to register as a lobbyist from knowingly making or authorizing a lobbying expenditure, before the second anniversary of the date the last term for which the person was elected ends, from political contributions accepted by the person as a candidate or officeholder. The bill exempts from this prohibition a person who communicates directly with a member of the legislative or executive branch only to influence legislation or administrative action on behalf of a nonprofit charitable organization exempt from federal income tax or on behalf of either a group of low-income individuals or a group of individuals with disabilities and who does not receive compensation other than reimbursement for actual expenses for engaging in such communication.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 582 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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