9 | 3 | | |
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10 | 4 | | |
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11 | 5 | | A BILL TO BE ENTITLED |
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12 | 6 | | AN ACT |
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13 | 7 | | relating to the content of detailed reports filed by lobbyists. |
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14 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 9 | | SECTION 1. Section 305.0061, Government Code, is amended by |
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16 | 10 | | amending Subsections (a), (b), and (c), and adding Subsection (h) |
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17 | 11 | | to read as follows: |
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18 | 12 | | (a) If a registrant or a person on the registrant's behalf |
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19 | 13 | | and with the registrant's consent or ratification makes |
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20 | 14 | | expenditures that exceed $50 [60 percent of the amount of the |
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21 | 15 | | legislative per diem in] a day for transportation or lodging for a |
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22 | 16 | | member of the legislative or executive branch or for the immediate |
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23 | 17 | | family of a member of the legislative or executive branch, the |
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24 | 18 | | registrant shall also state the following on the report filed under |
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25 | 19 | | Section 305.006: |
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26 | 20 | | (1) the name of the member of the legislative or |
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27 | 21 | | executive branch in whose behalf the expenditure is made; |
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28 | 22 | | (2) the place and date of the transportation or |
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29 | 23 | | lodging; and |
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30 | 24 | | (3) the purpose of the transportation or lodging. |
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31 | 25 | | (b) If a registrant or a person on the registrant's behalf |
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32 | 26 | | and with the registrant's consent or ratification makes |
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33 | 27 | | expenditures that exceed $50 [60 percent of the amount of the |
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34 | 28 | | legislative per diem in] a day for food and beverages for a member |
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35 | 29 | | of the legislative or executive branch or for the immediate family |
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36 | 30 | | of a member of the legislative or executive branch or makes |
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37 | 31 | | expenditures that exceed $50 [60 percent of the amount of the |
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38 | 32 | | legislative per diem in] a day for entertainment for a member of the |
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39 | 33 | | legislative or executive branch or for the immediate family of a |
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40 | 34 | | member of the legislative or executive branch, the registrant shall |
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41 | 35 | | also state the following on the report filed under Section 305.006: |
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42 | 36 | | (1) the name of the member of the legislative or |
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43 | 37 | | executive branch in whose behalf the expenditure is made; |
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44 | 38 | | (2) the place and date of the expenditure; and |
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45 | 39 | | (3) the amount of the expenditure by the appropriate |
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46 | 40 | | category of the amount, as determined by the commission. |
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47 | 41 | | (c) If a registrant or a person on the registrant's behalf |
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48 | 42 | | and with the registrant's consent or ratification gives to a member |
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49 | 43 | | of the legislative or executive branch, or to the immediate family |
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50 | 44 | | of a member of the legislative or executive branch, a gift or an |
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51 | 45 | | award or memento, the value of which exceeds $50 per gift, award, or |
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52 | 46 | | memento, the registrant shall also state the following on the |
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53 | 47 | | report filed under Section 305.006: |
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54 | 48 | | (1) the name of the member of the legislative or |
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55 | 49 | | executive branch in whose behalf the expenditure is made; |
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56 | 50 | | (2) a general description of the gift, award, or |
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57 | 51 | | memento; and |
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58 | 52 | | (3) the amount of the expenditure by the appropriate |
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59 | 53 | | category of the amount, as determined by the commission. |
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60 | 54 | | (h) If more than one registrant or persons acting on behalf |
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61 | 55 | | of more than one registrant and with each registrant's consent or |
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62 | 56 | | ratification collaborate to make an expenditure described by |
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63 | 57 | | Section 305.006(b) together, each registrant shall report the total |
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64 | 58 | | value of the shared expenditure as required by Subsection (a), (b), |
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65 | 59 | | or (c), if the total value of the shared expenditure exceeds the |
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66 | 60 | | amount provided under Subsection (a), (b), or (c). |
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67 | 61 | | SECTION 2. Section 305.024(a), Government Code, as amended |
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68 | 62 | | by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th |
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69 | 63 | | Legislature, Regular Session, 2005, is reenacted and amended to |
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70 | 64 | | read as follows: |
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71 | 65 | | (a) Except as provided by Section 305.025, a person |
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72 | 66 | | registered under Section 305.005 or a person on the registrant's |
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73 | 67 | | behalf and with the registrant's consent or ratification may not |
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74 | 68 | | offer, confer, or agree to confer: |
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75 | 69 | | (1) to an individual described by Section |
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76 | 70 | | 305.0062(a)(1), (2), (3), (4), or (5): |
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77 | 71 | | (A) a loan, including the guarantee or |
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78 | 72 | | endorsement of a loan; or |
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79 | 73 | | (B) a gift of cash or a negotiable instrument as |
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80 | 74 | | described by Section 3.104, Business & Commerce Code; or |
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81 | 75 | | (2) to an individual described by Section |
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82 | 76 | | 305.0062(a)(1), (2), (3), (4), (5), (6), or (7): |
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83 | 77 | | (A) an expenditure for transportation and |
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84 | 78 | | lodging; |
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85 | 79 | | (B) an expenditure or series of expenditures for |
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86 | 80 | | entertainment that in the aggregate exceed $500 in a calendar year; |
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87 | 81 | | (C) an expenditure or series of expenditures for |
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88 | 82 | | gifts that in the aggregate exceed $500 in a calendar year; |
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89 | 83 | | (D) an expenditure for an award or memento that |
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90 | 84 | | exceeds $500; or |
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91 | 85 | | (E) an expenditure described by Section |
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92 | 86 | | 305.006(b)(1), (2), (3), or (6) unless: |
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93 | 87 | | (i) [(A)] the registrant is present at the |
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94 | 88 | | event; or |
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95 | 89 | | (ii) [(B)] the expenditure is for a gift of |
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96 | 90 | | food or beverages required to be reported under Section |
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97 | 91 | | 305.006(b)(4) in accordance with Section 305.0061(e-1). |
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98 | 92 | | SECTION 3. Section 305.024, Government Code, is amended by |
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99 | 93 | | adding Subsection (d) to read as follows: |
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100 | 94 | | (d) The registrant shall notify a member of the legislative |
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101 | 95 | | or executive branch when the registrant has reported, as to that |
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102 | 96 | | member of the legislative or executive branch, expenditures that, |
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103 | 97 | | in the aggregate, equal the monetary limits for expenditures under |
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104 | 98 | | Subsection (a)(2). |
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105 | 99 | | SECTION 4. Section 305.031(a), Government Code, is amended |
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106 | 100 | | to read as follows: |
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107 | 101 | | (a) A person commits an offense if the person intentionally |
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108 | 102 | | or knowingly violates a provision of this chapter other than |
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109 | 103 | | Section 305.022, 305.024(d), or 305.028. An offense under this |
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110 | 104 | | subsection is a Class A misdemeanor. |
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111 | 105 | | SECTION 5. Sections 305.0061(g) and 305.024(c), Government |
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112 | 106 | | Code, are repealed. |
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113 | 107 | | SECTION 6. The changes in law made by this Act apply only to |
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114 | 108 | | a gift, award, or memento given to or expenditures for |
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115 | 109 | | transportation, lodging, food, beverages, or entertainment made |
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116 | 110 | | for a member of the legislative or executive branch or the immediate |
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117 | 111 | | family of a member of the legislative or executive branch on or |
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118 | 112 | | after the effective date of this Act. A gift, award, or memento |
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119 | 113 | | given to or an expenditure for transportation, lodging, food, |
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120 | 114 | | beverages, or entertainment made for a member of the legislative or |
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121 | 115 | | executive branch or the immediate family of a member of the |
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122 | 116 | | legislative or executive branch before the effective date of this |
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123 | 117 | | Act is governed by the law in effect on the date the gift, award, or |
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124 | 118 | | memento was given, or the date the expenditure for transportation, |
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125 | 119 | | lodging, food, beverages, or entertainment was made, and the former |
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126 | 120 | | law is continued in effect for that purpose. |
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127 | 121 | | SECTION 7. This Act takes effect September 1, 2015. |
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