| 1 | 1 | | 81R11836 ESH-D |
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| 2 | 2 | | By: Button H.B. No. 2430 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to lobbying by former members of the legislature; creating |
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| 8 | 8 | | an offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 572, Government Code, is |
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| 11 | 11 | | amended by adding Section 572.062 to read as follows: |
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| 12 | 12 | | Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED; |
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| 13 | 13 | | CRIMINAL OFFENSE. (a) In this section, "administrative action," |
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| 14 | 14 | | "communicates directly with," "legislation," "member of the |
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| 15 | 15 | | executive branch," and "member of the legislative branch" have the |
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| 16 | 16 | | meanings assigned by Section 305.002. |
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| 17 | 17 | | (b) Except as provided by Subsection (c), a former member of |
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| 18 | 18 | | the legislature may not, before the second anniversary of the date |
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| 19 | 19 | | the person ceases to be a member, engage in activities that require |
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| 20 | 20 | | registration under Chapter 305. |
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| 21 | 21 | | (c) Subsection (b) does not apply to a former member who: |
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| 22 | 22 | | (1) communicates directly with a member of the |
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| 23 | 23 | | legislative or executive branch only to influence legislation or |
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| 24 | 24 | | administrative action on behalf of: |
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| 25 | 25 | | (A) a private, nonprofit organization; |
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| 26 | 26 | | (B) an individual; |
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| 27 | 27 | | (C) a group of low-income individuals; or |
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| 28 | 28 | | (D) a group of individuals with disabilities; and |
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| 29 | 29 | | (2) does not receive compensation other than |
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| 30 | 30 | | reimbursement for actual expenses for engaging in communication |
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| 31 | 31 | | described by Subdivision (1). |
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| 32 | 32 | | (d) A former member who violates this section commits an |
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| 33 | 33 | | offense. An offense under this section is a Class A misdemeanor. |
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| 34 | 34 | | SECTION 2. Section 572.062, Government Code, as added by |
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| 35 | 35 | | this Act, applies only to a member of the legislature who was first |
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| 36 | 36 | | sworn into the office of state representative or state senator on or |
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| 37 | 37 | | after January 1, 2009. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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