Texas 2017 - 85th Regular

Texas House Bill HB502 Compare Versions

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11 85R8135 ATP-F
22 By: Geren H.B. No. 502
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the content of detailed reports filed by lobbyists and
88 to monetary limits on expenditures by lobbyists.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 305.0061, Government Code, is amended by
1111 amending Subsections (a), (b), and (c) and adding Subsection (h) to
1212 read as follows:
1313 (a) If a registrant or a person on the registrant's behalf
1414 and with the registrant's consent or ratification makes
1515 expenditures that exceed 30 [60] percent of the amount of the
1616 legislative per diem in a day for transportation or lodging for a
1717 member of the legislative or executive branch or for the immediate
1818 family of a member of the legislative or executive branch, the
1919 registrant shall also state the following on the report filed under
2020 Section 305.006:
2121 (1) the name of the member of the legislative or
2222 executive branch in whose behalf the expenditure is made;
2323 (2) the place and date of the transportation or
2424 lodging; and
2525 (3) the purpose of the transportation or lodging.
2626 (b) If a registrant or a person on the registrant's behalf
2727 and with the registrant's consent or ratification makes
2828 expenditures that exceed 30 [60] percent of the amount of the
2929 legislative per diem in a day for food and beverages for a member of
3030 the legislative or executive branch or for the immediate family of a
3131 member of the legislative or executive branch or makes expenditures
3232 that exceed 30 [60] percent of the amount of the legislative per
3333 diem in a day for entertainment for a member of the legislative or
3434 executive branch or for the immediate family of a member of the
3535 legislative or executive branch, the registrant shall also state
3636 the following on the report filed under Section 305.006:
3737 (1) the name of the member of the legislative or
3838 executive branch in whose behalf the expenditure is made;
3939 (2) the place and date of the expenditure; and
4040 (3) the amount of the expenditure by the appropriate
4141 category of the amount, as determined by the commission.
4242 (c) If a registrant or a person on the registrant's behalf
4343 and with the registrant's consent or ratification gives to a member
4444 of the legislative or executive branch, or to the immediate family
4545 of a member of the legislative or executive branch, a gift or an
4646 award or memento, the value of which exceeds $50 per gift, award, or
4747 memento, the registrant shall also state the following on the
4848 report filed under Section 305.006:
4949 (1) the name of the member of the legislative or
5050 executive branch in whose behalf the expenditure is made;
5151 (2) a general description of the gift, award, or
5252 memento; and
5353 (3) the amount of the expenditure by the appropriate
5454 category of the amount, as determined by the commission.
5555 (h) If more than one registrant or persons acting on behalf
5656 of more than one registrant and with each registrant's consent or
5757 ratification collaborate to make an expenditure described by
5858 Section 305.006(b) together, each registrant shall report the total
5959 value of the shared expenditure as required by Subsection (a), (b),
6060 or (c), if the total value of the shared expenditure exceeds the
6161 amount provided under Subsection (a), (b), or (c).
6262 SECTION 2. Section 305.024(a), Government Code, as amended
6363 by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th
6464 Legislature, Regular Session, 2005, is reenacted and amended to
6565 read as follows:
6666 (a) Except as provided by Section 305.025, a person
6767 registered under Section 305.005 or a person on the registrant's
6868 behalf and with the registrant's consent or ratification may not
6969 offer, confer, or agree to confer:
7070 (1) to an individual described by Section
7171 305.0062(a)(1), (2), (3), (4), or (5):
7272 (A) a loan, including the guarantee or
7373 endorsement of a loan; or
7474 (B) a gift of cash or a negotiable instrument as
7575 described by Section 3.104, Business & Commerce Code; or
7676 (2) to an individual described by Section
7777 305.0062(a)(1), (2), (3), (4), (5), (6), or (7):
7878 (A) an expenditure for transportation and
7979 lodging;
8080 (B) an expenditure or series of expenditures for
8181 entertainment that in the aggregate exceed $500 in a calendar year;
8282 (C) an expenditure or series of expenditures for
8383 gifts that in the aggregate exceed $500 in a calendar year;
8484 (D) an expenditure for an award or memento that
8585 exceeds $500; or
8686 (E) an expenditure described by Section
8787 305.006(b)(1), (2), (3), or (6) unless:
8888 (i) [(A)] the registrant is present at the
8989 event; or
9090 (ii) [(B)] the expenditure is for a gift of
9191 food or beverages required to be reported under Section
9292 305.006(b)(4) in accordance with Section 305.0061(e-1).
9393 SECTION 3. Section 305.024, Government Code, is amended by
9494 adding Subsection (d) to read as follows:
9595 (d) The registrant shall notify a member of the legislative
9696 or executive branch when the registrant has reported, as to that
9797 member of the legislative or executive branch, expenditures that,
9898 in the aggregate, equal the monetary limits for expenditures under
9999 Subsection (a)(2).
100100 SECTION 4. Section 305.031(a), Government Code, is amended
101101 to read as follows:
102102 (a) A person commits an offense if the person intentionally
103103 or knowingly violates a provision of this chapter other than
104104 Section 305.022, 305.024(d), or 305.028. An offense under this
105105 subsection is a Class A misdemeanor.
106106 SECTION 5. Section 305.024(c), Government Code, is
107107 repealed.
108108 SECTION 6. The changes in law made by this Act apply only to
109109 a gift, award, or memento given to or expenditures for
110110 transportation, lodging, food, beverages, or entertainment made
111111 for a member of the legislative or executive branch or the immediate
112112 family of a member of the legislative or executive branch on or
113113 after the effective date of this Act. A gift, award, or memento
114114 given to or an expenditure for transportation, lodging, food,
115115 beverages, or entertainment made for a member of the legislative or
116116 executive branch or the immediate family of a member of the
117117 legislative or executive branch before the effective date of this
118118 Act is governed by the law in effect on the date the gift, award, or
119119 memento was given, or the date the expenditure for transportation,
120120 lodging, food, beverages, or entertainment was made, and the former
121121 law is continued in effect for that purpose.
122122 SECTION 7. This Act takes effect January 8, 2019.