| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the content of detailed reports filed by lobbyists and |
|
|
to monetary limits on expenditures by lobbyists. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 305.0061, Government Code, is amended by |
|
|
amending Subsections (a), (b), and (c) and adding Subsection (h) to |
|
|
read as follows: |
|
|
(a) If a registrant or a person on the registrant's behalf |
|
|
and with the registrant's consent or ratification makes |
|
|
expenditures that exceed 30 [60] percent of the amount of the |
|
|
legislative per diem in a day for transportation or lodging for a |
|
|
member of the legislative or executive branch or for the immediate |
|
|
family of a member of the legislative or executive branch, the |
|
|
registrant shall also state the following on the report filed under |
|
|
Section 305.006: |
|
|
(1) the name of the member of the legislative or |
|
|
executive branch in whose behalf the expenditure is made; |
|
|
(2) the place and date of the transportation or |
|
|
lodging; and |
|
|
(3) the purpose of the transportation or lodging. |
|
|
(b) If a registrant or a person on the registrant's behalf |
|
|
and with the registrant's consent or ratification makes |
|
|
expenditures that exceed 30 [60] percent of the amount of the |
|
|
legislative per diem in a day for food and beverages for a member of |
|
|
the legislative or executive branch or for the immediate family of a |
|
|
member of the legislative or executive branch or makes expenditures |
|
|
that exceed 30 [60] percent of the amount of the legislative per |
|
|
diem in a day for entertainment for a member of the legislative or |
|
|
executive branch or for the immediate family of a member of the |
|
|
legislative or executive branch, the registrant shall also state |
|
|
the following on the report filed under Section 305.006: |
|
|
(1) the name of the member of the legislative or |
|
|
executive branch in whose behalf the expenditure is made; |
|
|
(2) the place and date of the expenditure; and |
|
|
(3) the amount of the expenditure by the appropriate |
|
|
category of the amount, as determined by the commission. |
|
|
(c) If a registrant or a person on the registrant's behalf |
|
|
and with the registrant's consent or ratification gives to a member |
|
|
of the legislative or executive branch, or to the immediate family |
|
|
of a member of the legislative or executive branch, a gift or an |
|
|
award or memento, the value of which exceeds $50 per gift, award, or |
|
|
memento, the registrant shall also state the following on the |
|
|
report filed under Section 305.006: |
|
|
(1) the name of the member of the legislative or |
|
|
executive branch in whose behalf the expenditure is made; |
|
|
(2) a general description of the gift, award, or |
|
|
memento; and |
|
|
(3) the amount of the expenditure by the appropriate |
|
|
category of the amount, as determined by the commission. |
|
|
(h) If more than one registrant or persons acting on behalf |
|
|
of more than one registrant and with each registrant's consent or |
|
|
ratification collaborate to make an expenditure described by |
|
|
Section 305.006(b) together, each registrant shall report the total |
|
|
value of the shared expenditure as required by Subsection (a), (b), |
|
|
or (c), if the total value of the shared expenditure exceeds the |
|
|
amount provided under Subsection (a), (b), or (c). |
|
|
SECTION 2. Section 305.024(a), Government Code, as amended |
|
|
by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th |
|
|
Legislature, Regular Session, 2005, is reenacted and amended to |
|
|
read as follows: |
|
|
(a) Except as provided by Section 305.025, a person |
|
|
registered under Section 305.005 or a person on the registrant's |
|
|
behalf and with the registrant's consent or ratification may not |
|
|
offer, confer, or agree to confer: |
|
|
(1) to an individual described by Section |
|
|
305.0062(a)(1), (2), (3), (4), or (5): |
|
|
(A) a loan, including the guarantee or |
|
|
endorsement of a loan; or |
|
|
(B) a gift of cash or a negotiable instrument as |
|
|
described by Section 3.104, Business & Commerce Code; or |
|
|
(2) to an individual described by Section |
|
|
305.0062(a)(1), (2), (3), (4), (5), (6), or (7): |
|
|
(A) an expenditure for transportation and |
|
|
lodging; |
|
|
(B) an expenditure or series of expenditures for |
|
|
entertainment that in the aggregate exceed $500 in a calendar year; |
|
|
(C) an expenditure or series of expenditures for |
|
|
gifts that in the aggregate exceed $500 in a calendar year; |
|
|
(D) an expenditure for an award or memento that |
|
|
exceeds $500; or |
|
|
(E) an expenditure described by Section |
|
|
305.006(b)(1), (2), (3), or (6) unless: |
|
|
(i) [(A)] the registrant is present at the |
|
|
event; or |
|
|
(ii) [(B)] the expenditure is for a gift of |
|
|
food or beverages required to be reported under Section |
|
|
305.006(b)(4) in accordance with Section 305.0061(e-1). |
|
|
SECTION 3. Section 305.024, Government Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) The registrant shall notify a member of the legislative |
|
|
or executive branch when the registrant has reported, as to that |
|
|
member of the legislative or executive branch, expenditures that, |
|
|
in the aggregate, equal the monetary limits for expenditures under |
|
|
Subsection (a)(2). |
|
|
SECTION 4. Section 305.031(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) A person commits an offense if the person intentionally |
|
|
or knowingly violates a provision of this chapter other than |
|
|
Section 305.022, 305.024(d), or 305.028. An offense under this |
|
|
subsection is a Class A misdemeanor. |
|
|
SECTION 5. Section 305.024(c), Government Code, is |
|
|
repealed. |
|
|
SECTION 6. The changes in law made by this Act apply only to |
|
|
a gift, award, or memento given to or expenditures for |
|
|
transportation, lodging, food, beverages, or entertainment made |
|
|
for a member of the legislative or executive branch or the immediate |
|
|
family of a member of the legislative or executive branch on or |
|
|
after the effective date of this Act. A gift, award, or memento |
|
|
given to or an expenditure for transportation, lodging, food, |
|
|
beverages, or entertainment made for a member of the legislative or |
|
|
executive branch or the immediate family of a member of the |
|
|
legislative or executive branch before the effective date of this |
|
|
Act is governed by the law in effect on the date the gift, award, or |
|
|
memento was given, or the date the expenditure for transportation, |
|
|
lodging, food, beverages, or entertainment was made, and the former |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 7. This Act takes effect January 8, 2019. |
|
|
|
|
|
* * * * * |