| 1 | 1 | | 81R2356 ESH-D |
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| 2 | 2 | | By: Shapleigh S.B. No. 610 |
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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 governor's executive |
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| 8 | 8 | | staff; providing civil and criminal penalties. |
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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 572.067 to read as follows: |
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| 12 | 12 | | Sec. 572.067. LOBBYING BY FORMER EMPLOYEE OF GOVERNOR |
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| 13 | 13 | | RESTRICTED; CRIMINAL OFFENSE. (a) In this section: |
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| 14 | 14 | | (1) "Administrative action," "communicates directly |
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| 15 | 15 | | with," "legislation," "member of the executive branch," and "member |
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| 16 | 16 | | of the legislative branch" have the meanings assigned by Section |
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| 17 | 17 | | 305.002. |
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| 18 | 18 | | (2) "Member of the governor's executive staff" means a |
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| 19 | 19 | | person employed by the governor acting in the governor's official |
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| 20 | 20 | | capacity whose regular job duties include: |
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| 21 | 21 | | (A) formulating policy or testifying before and |
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| 22 | 22 | | meeting with members of the legislature; or |
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| 23 | 23 | | (B) supervising other employees in the |
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| 24 | 24 | | governor's office whose regular job duties include those described |
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| 25 | 25 | | by Paragraph (A). |
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| 26 | 26 | | (b) Except as provided by Subsection (c), a former member of |
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| 27 | 27 | | the governor's executive staff may not, before the first |
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| 28 | 28 | | anniversary of the date the person's employment by the governor |
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| 29 | 29 | | ends, engage in activities that require registration under Chapter |
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| 30 | 30 | | 305. |
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| 31 | 31 | | (c) Subsection (b) does not apply to a former member of the |
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| 32 | 32 | | governor's executive staff who: |
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| 33 | 33 | | (1) is an officer of or employed by: |
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| 34 | 34 | | (A) a governmental entity; or |
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| 35 | 35 | | (B) a hospital or institution of higher education |
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| 36 | 36 | | that is exempt from federal income tax under Section 501(a), |
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| 37 | 37 | | Internal Revenue Code of 1986, by being listed as an exempt |
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| 38 | 38 | | organization under Section 501(c)(3), Internal Revenue Code of |
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| 39 | 39 | | 1986; and |
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| 40 | 40 | | (2) communicates directly with a member of the |
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| 41 | 41 | | legislative or executive branch only to influence legislation or |
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| 42 | 42 | | administrative action on behalf of the entity described by |
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| 43 | 43 | | Subdivision (1) that the person serves or that employs the person. |
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| 44 | 44 | | (d) A person who knowingly violates this section commits an |
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| 45 | 45 | | offense. An offense under this section is a Class A misdemeanor. |
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| 46 | 46 | | (e) The commission may impose a civil penalty of not more |
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| 47 | 47 | | than $50,000 against a person who knowingly violates this section. |
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| 48 | 48 | | This subsection is in addition to any other available sanction for a |
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| 49 | 49 | | violation of this section. |
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| 50 | 50 | | SECTION 2. Section 572.067, Government Code, as added by |
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| 51 | 51 | | this Act, applies only to a member of the governor's executive staff |
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| 52 | 52 | | who ceases to be a member of the governor's executive staff on or |
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| 53 | 53 | | after September 1, 2009. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2009. |
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