82R6611 EES-D
By: Kolkhorst H.B. No. 1298
A BILL TO BE ENTITLED
AN ACT
relating to reporting of lobbying activities and restrictions on
lobbying activities by certain persons; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 305.005(k), Government Code, is amended
to read as follows:
(k) If there is a change in the information required to be
reported by a registrant under this section, other than Subsection
(h) or (i), and that changed information is not timely reported on a
report due under Section 305.007, the registrant shall file an
amended registration [statement] reflecting the change with the
commission not later than the date on which an amended registration
is due under Section 305.0065 or the next report is due under
Section 305.007, as applicable.
SECTION 2. Subchapter A, Chapter 305, Government Code, is
amended by adding Section 305.0065 to read as follows:
Sec. 305.0065. AMENDED REGISTRATION DURING LEGISLATIVE
SESSION. (a) This section applies only during the period beginning
on the date a regular legislative session convenes and continuing
through the date of final adjournment.
(b) A registrant shall file with the commission an amended
registration if there is a change in:
(1) the person who reimburses, retains, or employs the
registrant and on whose behalf the registrant has communicated
directly with a member of the legislative or executive branch to
influence legislation or administrative action; or
(2) the subject matter about which the registrant has
communicated directly with a member of the legislative or executive
branch.
(c) The amended registration must be written and verified
and must contain:
(1) the full name and address of any person:
(A) not included in the registrant's last
activity report or in any other amended registration;
(B) who reimburses, retains, or employs the
registrant to communicate directly with a member of the legislative
or executive branch to influence legislation or administrative
action; and
(C) on whose behalf the registrant has
communicated directly with a member of the legislative or executive
branch to influence legislation or administrative action; and
(2) a list of the specific categories of subject
matters about which the registrant has communicated directly with a
member of the legislative or executive branch and not included in
the registrant's registration, the registrant's last activity
report, or in any other registration.
(d) The registrant must file the amended registration not
later than the eighth day after the date on which the registrant,
any person the registrant retains or employs to appear on the
registrant's behalf, or any other person appearing on the
registrant's behalf makes the first direct communication with a
member of the legislative or executive branch on behalf of any
person or about any subject matter required to be included in the
amended registration.
SECTION 3. Section 305.009, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The commission shall make available on its website an
amended registration filed under Section 305.0065 not later than
the next business day after the date the amended registration is
filed.
SECTION 4. Subchapter C, Chapter 572, Government Code, is
amended by adding Section 572.062 to read as follows:
Sec. 572.062. LOBBYING BY FORMER EXECUTIVE OFFICER OR
FORMER LEGISLATOR RESTRICTED; CRIMINAL OFFENSE. (a) In this
section, "executive officer" means:
(1) the governor;
(2) the lieutenant governor;
(3) the attorney general;
(4) the comptroller;
(5) the commissioner of the General Land Office;
(6) the commissioner of agriculture;
(7) a railroad commissioner;
(8) the secretary of state; or
(9) a person appointed as provided by the state
constitution, state statute, or action of the governing body of a
state agency to serve as the chief policymaking officer of a state
agency described by Section 572.002(10)(A).
(b) A former executive officer may not engage in an activity
that requires registration under Chapter 305 before the second
anniversary of the date the person ceases to be an executive
officer.
(c) A former member of the legislature may not engage in
activities that require registration under Chapter 305 before the
later of:
(1) the date of final adjournment of the first regular
session of the legislature to convene after the date the person
ceases to be a member of the legislature; or
(2) the second anniversary of the date the person
ceases to be a member of the legislature.
(d) A former executive officer or former member of the
legislature who violates this section commits an offense. An
offense under this section is a Class A misdemeanor.
SECTION 5. Section 572.062, Government Code, as added by
this Act, applies only to an executive officer or member of the
legislature who ceases to be an executive officer or member of the
legislature on or after the effective date of this Act. An executive
officer or member of the legislature who ceases to be an executive
officer or member of the legislature before the effective date of
this Act is governed by the law in effect when the person ceased to
be an executive officer or member of the legislature, and the former
law is continued in effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.