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A BILL TO BE ENTITLED
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AN ACT
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relating to lobbying by former state agency officers and executive |
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heads; creating an offense. |
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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 572.069 to read as follows: |
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Sec. 572.069. FORMER OFFICERS AND EXECUTIVE HEADS OF STATE |
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AGENCIES: LOBBYING RESTRICTED; CRIMINAL OFFENSE. (a) In this |
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section, "administrative action," "communicates directly with," |
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"legislation," "member of the executive branch," and "member of the |
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legislative branch" have the meanings assigned by Section 305.002. |
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(b) Except as provided by Subsection (c), a former appointed |
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officer of a state agency or a former executive head of a state |
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agency may not, before the second anniversary of the date the person |
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ceases to be an officer or executive head, engage in activities that |
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require registration under Chapter 305. |
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(c) Subsection (b) does not apply to a former appointed |
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officer of a state agency or a former executive head of a state |
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agency who: |
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(1) 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: |
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(A) a nonprofit organization; |
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(B) an individual; |
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(C) a group of low-income individuals; or |
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(D) a group of individuals with disabilities; and |
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(2) does not receive compensation other than |
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reimbursement for actual expenses for engaging in communication |
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described by Subdivision (1). |
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(d) A former appointed officer of a state agency or a former |
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executive head of a state agency who violates this section commits |
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an offense. An offense under this section is a Class A misdemeanor. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under Section 572.054 or other |
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law, the person may be prosecuted under this section, the other law, |
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or both. |
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SECTION 2. Section 572.069, Government Code, as added by |
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this Act, applies only to an appointed officer of a state agency or |
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an executive head of a state agency who ceases to be an officer or |
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executive head on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |