By: Gallegos S.B. No. 2468
(In the Senate - Filed March 26, 2009; March 31, 2009, read
first time and referred to Committee on State Affairs;
April 23, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 23, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2468 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to the postemployment activities of certain local
government officers in certain counties; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 171, Local Government Code, is amended
by adding Section 171.011 to read as follows:
Sec. 171.011. REPRESENTATION BY FORMER LOCAL GOVERNMENT
OFFICERS OF CERTAIN COUNTIES RESTRICTED; CRIMINAL OFFENSE.
(a) This section applies only to a county with a population of 3.3
million or more.
(b) In this section:
(1) "Local government officer" means:
(A) a member of the commissioners court or other
officer of a county to which this section applies;
(B) an officer of a precinct of a county to which
this section applies; or
(C) a member of the governing body or other
officer of a flood control district or a hospital district, any part
of which is located in a county to which this section applies.
(2) "Participated" means to have taken action as an
officer or employee through decision, approval, disapproval,
recommendation, giving advice, investigation, or similar action.
(3) "Particular matter" means a specific
investigation, application, request for a ruling or determination,
rulemaking proceeding, contract, claim, charge, accusation,
arrest, or judicial or other proceeding.
(c) A former local government officer may not make any
communication to or appearance before an officer or employee of the
governing body on or under which the former local government
officer served before the second anniversary of the date the local
government officer ceased to serve on or under the governing body if
the communication or appearance is made:
(1) with the intent to influence; and
(2) on behalf of any person in connection with any
matter on which the person seeks official action.
(d) A former local government officer may not represent any
person or receive compensation for services rendered on behalf of
any person regarding a particular matter in which the former local
government officer participated during the period of service as a
local government officer.
(e) A person commits an offense if the person violates this
section. An offense under this subsection is a Class C misdemeanor.
SECTION 2. The change in law made by Subsection (d), Section
171.011, Local Government Code, as added by this Act, applies only
to a person who ceases service as a local government officer on or
after the effective date of this Act. A person who ceased service
as a local government officer before the effective date of this Act
is governed by the law in effect when the person ceased service, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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