86R4765 SOS-F
 
  By: Watson S.B. No. 366
 
 
 
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 Subsections (h)
  and (i) 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
  amount of the shared expenditure as required by Subsection (a) or
  (b), if the total amount of the shared expenditure exceeds the
  amount provided under Subsection (a) or (b).
         (i)  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 (c), if
  the total value of the shared expenditure exceeds the amount
  provided under Subsection (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 12, 2021.