82R4451 CAE-F
By: Howard of Travis H.B. No. 702
A BILL TO BE ENTITLED
AN ACT
relating to certain restrictions on contributions and expenditures
from political funds by a lobbyist; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 253, Election Code, is
amended by adding Section 253.006 to read as follows:
Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY
LOBBYISTS RESTRICTED. (a) In this section, "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, Government Code.
(b) Notwithstanding any other provision of law and except as
provided by Subsection (c), a person required to register under
Chapter 305, Government Code, during a regular session of the
legislature may not, during the period beginning on the date that
regular legislative session convenes and ending on the date the
next regular legislative session convenes, knowingly make or
authorize a political contribution or political expenditure from
political contributions accepted by the person as a candidate or
officeholder.
(c) Subsection (b) does not apply to a person who:
(1) communicates directly with a member of the
legislative or executive branch only to influence legislation or
administrative action on behalf of:
(A) a nonprofit organization;
(B) a group of low-income individuals; or
(C) a group of individuals with disabilities;
and
(2) does not receive compensation other than
reimbursement for actual expenses for engaging in communication
described by Subdivision (1).
(d) A person who violates this section commits an offense.
An offense under this section is a Class A misdemeanor.
SECTION 2. Subchapter B, Chapter 305, Government Code, is
amended by adding Section 305.029 to read as follows:
Sec. 305.029. EXPENDITURES FROM POLITICAL CONTRIBUTIONS
RESTRICTED. (a) In this section, "political contribution" has the
meaning assigned by Section 251.001, Election Code.
(b) Notwithstanding any other provision of law and except as
provided by Subsection (c), a person required to register under
this chapter during a regular session of the legislature may not,
during the period beginning on the date that regular legislative
session convenes and ending on the date the next regular
legislative session convenes, knowingly make or authorize an
expenditure under this chapter from political contributions
accepted by the person as a candidate or officeholder.
(c) Subsection (b) does not apply to a person who:
(1) communicates directly with a member of the
legislative or executive branch only to influence legislation or
administrative action on behalf of:
(A) a nonprofit organization;
(B) a group of low-income individuals; or
(C) a group of individuals with disabilities;
and
(2) does not receive compensation other than
reimbursement for actual expenses for engaging in communication
described by Subdivision (1).
SECTION 3. Section 253.006, Election Code, as added by this
Act, and Section 305.029, Government Code, as added by this Act,
apply to a political contribution, political expenditure, or
lobbying expenditure made on or after September 1, 2011, from funds
accepted as a political contribution, regardless of the date the
funds were accepted.
SECTION 4. This Act takes effect September 1, 2011.