BILL ANALYSIS

 

 

Senate Research Center

H.B. 3512

84R7292 EES-F

By: Davis, Sarah (Huffman)

 

State Affairs

 

5/18/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties contend that provisions in the law, administrative code, and Texas Ethics Commission advisory opinions have resulted in a need to clarify the conditions under which a person is required to register as a lobbyist, particularly with regard to the calculation of percentage of compensated time spent in lobby communications and whether goodwill conversations are considered lobby communications.  H.B. 3512 seeks to address this need.

 

H.B. 3512 amends current law relating to lobbying activities and the registration of lobbyists.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 305.002, Government Code, by adding Subdivision (2-a), to define “communicates directly with a member of the legislative or executive branch to influence legislation or administrative action.”

 

SECTION 2.  Amends Section 305.003, Government Code, by adding Subsections (b-3) and (b-4), as follows:

 

(b-3)  Provides that Subsection (a)(2) (requiring a person to register with the Texas Ethics Commission (TEC) under this chapter if the person receives, or is entitled to receive under an agreement under which the person is retained or employed, compensation or reimbursement) does not require a person to register if the person spends not more than 26 hours, or another amount of time determined by TEC, for which the person is compensated or reimbursed during the calendar quarter engaging in activity, including preparatory activity as defined by TEC, to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action.

 

(b-4)  Provides that a person, if the person spends more than eight hours in a single day engaging in activity to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action, is considered to have engaged in the activity for only eight hours during that day for purposes of Subsection (b-3).

 

SECTION 3.  Provides that Section 305.003, Government Code, as amended by this Act, applies only to a registration or registration renewal required to be filed under Chapter 305 (Registration of Lobbyists), Government Code, on or after the effective date of this Act.  Provides that a registration or registration renewal required to be filed under Chapter 305, Government Code, before the effective date of this Act is governed by the law in effect on the date the registration or registration renewal is due, and the former law is continued in effect for that purpose.

 

SECTION 4.  Effective date: September 1, 2015.