81R2356 ESH-D
By: Shapleigh S.B. No. 610
A BILL TO BE ENTITLED
AN ACT
relating to lobbying by former members of the governor's executive
staff; providing civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 572, Government Code, is
amended by adding Section 572.067 to read as follows:
Sec. 572.067. LOBBYING BY FORMER EMPLOYEE OF GOVERNOR
RESTRICTED; CRIMINAL OFFENSE. (a) In this section:
(1) "Administrative action," "communicates directly
with," "legislation," "member of the executive branch," and "member
of the legislative branch" have the meanings assigned by Section
305.002.
(2) "Member of the governor's executive staff" means a
person employed by the governor acting in the governor's official
capacity whose regular job duties include:
(A) formulating policy or testifying before and
meeting with members of the legislature; or
(B) supervising other employees in the
governor's office whose regular job duties include those described
by Paragraph (A).
(b) Except as provided by Subsection (c), a former member of
the governor's executive staff may not, before the first
anniversary of the date the person's employment by the governor
ends, engage in activities that require registration under Chapter
305.
(c) Subsection (b) does not apply to a former member of the
governor's executive staff who:
(1) is an officer of or employed by:
(A) a governmental entity; or
(B) a hospital or institution of higher education
that is exempt from federal income tax under Section 501(a),
Internal Revenue Code of 1986, by being listed as an exempt
organization under Section 501(c)(3), Internal Revenue Code of
1986; and
(2) communicates directly with a member of the
legislative or executive branch only to influence legislation or
administrative action on behalf of the entity described by
Subdivision (1) that the person serves or that employs the person.
(d) A person who knowingly violates this section commits an
offense. An offense under this section is a Class A misdemeanor.
(e) The commission may impose a civil penalty of not more
than $50,000 against a person who knowingly violates this section.
This subsection is in addition to any other available sanction for a
violation of this section.
SECTION 2. Section 572.067, Government Code, as added by
this Act, applies only to a member of the governor's executive staff
who ceases to be a member of the governor's executive staff on or
after September 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.