Texas 2009 - 81st Regular

Texas House Bill HB723 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2076 ESH-D
2	2	By: Howard of Travis H.B. No. 723
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain activities by, employment of, and contracts of
8	8	former members of the legislature; creating offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 572.002, Government Code, is amended by
11	11	adding Subdivision (5-a) to read as follows:
12	12	(5-a) "Legislative committee" means:
13	13	(A) a standing or select committee of either
14	14	house of the legislature; or
15	15	(B) a committee that includes members of both
16	16	houses of the legislature, including a joint committee, conference
17	17	committee, or select committee, regardless of whether the committee
18	18	includes persons who are not members of the legislature.
19	19	SECTION 2. Subchapter C, Chapter 572, Government Code, is
20	20	amended by adding Sections 572.062 through 572.066 to read as
21	21	follows:
22	22	Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED;
23	23	CRIMINAL OFFENSE. (a) In this section, "administrative action,"
24	24	"communicates directly with," "legislation," "member of the
25	25	executive branch," and "member of the legislative branch" have the
26	26	meanings assigned by Section 305.002.
27	27	(b) Except as provided by Subsection (c), a former member of
28	28	the legislature may not, before the second anniversary of the date
29	29	the last term for which the former member was elected ends, engage
30	30	in activities that require registration under Chapter 305.
31	31	(c) Subsection (b) does not apply to a former member who:
32	32	(1) communicates directly with a member of the
33	33	legislative or executive branch only to influence legislation or
34	34	administrative action on behalf of:
35	35	(A) a nonprofit organization;
36	36	(B) an individual;
37	37	(C) a group of low-income individuals; or
38	38	(D) a group of individuals with disabilities; and
39	39	(2) does not receive compensation other than
40	40	reimbursement for actual expenses for engaging in communication
41	41	described by Subdivision (1).
42	42	(d) To the extent of a conflict between this section and
43	43	Section 572.063, this section controls.
44	44	(e) A former member who violates this section commits an
45	45	offense. An offense under this section is a Class A misdemeanor.
46	46	Sec. 572.063. FORMER LEGISLATOR: REPRESENTATION OF CLIENTS
47	47	RESTRICTED; CRIMINAL OFFENSE. (a) Except as provided by
48	48	Subsection (b), a former member of the legislature may not, before
49	49	the first anniversary of the date the last term for which the former
50	50	member was elected ends, represent a client before a governmental
51	51	entity with regard to a matter that was within the jurisdiction of a
52	52	legislative committee on which the former member served during any
53	53	part of the two years preceding the date the former member left
54	54	office.
55	55	(b) Subsection (a) does not apply to a former member's
56	56	representation of a client that:
57	57	(1) began before the former member was first elected
58	58	to the legislature; and
59	59	(2) continued throughout the former member's service
60	60	in the legislature.
61	61	(c) A former member of the legislature who violates this
62	62	section commits an offense. An offense under this section is a Class
63	63	A misdemeanor.
64	64	Sec. 572.064. FORMER LEGISLATOR: ELECTION OR APPOINTMENT TO
65	65	OR EMPLOYMENT BY STATE DEPARTMENT, COMMISSION, BOARD, OR AGENCY;
66	66	CRIMINAL OFFENSE. (a) Except as provided by Subsection (b), a
67	67	former member of the legislature may not, before the second
68	68	anniversary of the date the last term for which the member was
69	69	elected ends, be:
70	70	(1) appointed to or employed by a department,
71	71	commission, board, or other agency in the legislative, executive,
72	72	or judicial branch of state government; or
73	73	(2) nominated, elected, or appointed to a public
74	74	office that was created or for which the salary was increased during
75	75	the former member's last term.
76	76	(b) Subsection (a) does not apply to an office for which the
77	77	constitution prescribes the qualifications for holding office.
78	78	(c) A former member who violates this section commits an
79	79	offense. An offense under this section is a Class A misdemeanor.
80	80	Sec. 572.065. FORMER LEGISLATOR: EMPLOYMENT BY REGULATED
81	81	ENTITY RESTRICTED; CRIMINAL OFFENSE. (a) A former member of the
82	82	legislature may not, before the second anniversary of the date the
83	83	last term for which the former member was elected ends, be employed
84	84	by an entity that is regulated by a department, commission, board,
85	85	or other agency in the legislative, executive, or judicial branch
86	86	of state government regarding a matter that was within the
87	87	jurisdiction of a legislative committee on which the former member
88	88	served during any part of the two years preceding the date the
89	89	former member left office.
90	90	(b) A former member who violates this section commits an
91	91	offense. An offense under this section is a Class A misdemeanor.
92	92	Sec. 572.066. FORMER LEGISLATOR: CONTRACTS WITH STATE
93	93	RESTRICTED; CRIMINAL OFFENSE. (a) A former member of the
94	94	legislature may not, before the second anniversary of the date the
95	95	last term for which the member was elected ends, have an interest in
96	96	a contract with a department, commission, board, or other agency in
97	97	the legislative, executive, or judicial branch of state government
98	98	if, during the last term for which the former member was elected,
99	99	the legislature enacted a statute that:
100	100	(1) authorizes the contract; or
101	101	(2) appropriates money to pay the contract.
102	102	(b) A former member who violates this section commits an
103	103	offense. An offense under this section is a Class A misdemeanor.
104	104	SECTION 3. Sections 572.062 through 572.066, Government
105	105	Code, as added by this Act, apply only to a member of the
106	106	legislature who ceases to be a member on or after the effective date
107	107	of this Act.
108	108	SECTION 4. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2009.