Texas 2017 - 85th Regular

Texas Senate Bill SB502 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin S.B. No. 502
2		-	(In the Senate - Filed January 25, 2017; January 30, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	February 2, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; February 2, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Taylor of Collin, et al. S.B. No. 502
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the content of detailed reports filed by lobbyists and
12	7		to monetary limits on expenditures by lobbyists.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Section 305.0061, Government Code, is amended by
15		-	amending Subsections (a), (b), and (c) and adding ~~Subsection~~ (h) to
16		-	read as follows:
	10	+	amending Subsections (a), (b), and (c) and adding Subsections (h)
	11	+	and (i) to read as follows:
17	12		(a) If a registrant or a person on the registrant's behalf
18	13		and with the registrant's consent or ratification makes
19	14		expenditures that exceed 30 [60] percent of the amount of the
20	15		legislative per diem in a day for transportation or lodging for a
21	16		member of the legislative or executive branch or for the immediate
22	17		family of a member of the legislative or executive branch, the
23	18		registrant shall also state the following on the report filed under
24	19		Section 305.006:
25	20		(1) the name of the member of the legislative or
26	21		executive branch in whose behalf the expenditure is made;
27	22		(2) the place and date of the transportation or
28	23		lodging; and
29	24		(3) the purpose of the transportation or lodging.
30	25		(b) If a registrant or a person on the registrant's behalf
31	26		and with the registrant's consent or ratification makes
32	27		expenditures that exceed 30 [60] percent of the amount of the
33	28		legislative per diem in a day for food and beverages for a member of
34	29		the legislative or executive branch or for the immediate family of a
35	30		member of the legislative or executive branch or makes expenditures
36	31		that exceed 30 [60] percent of the amount of the legislative per
37	32		diem in a day for entertainment for a member of the legislative or
38	33		executive branch or for the immediate family of a member of the
39	34		legislative or executive branch, the registrant shall also state
40	35		the following on the report filed under Section 305.006:
41	36		(1) the name of the member of the legislative or
42	37		executive branch in whose behalf the expenditure is made;
43	38		(2) the place and date of the expenditure; and
44	39		(3) the amount of the expenditure by the appropriate
45	40		category of the amount, as determined by the commission.
46	41		(c) If a registrant or a person on the registrant's behalf
47	42		and with the registrant's consent or ratification gives to a member
48	43		of the legislative or executive branch, or to the immediate family
49	44		of a member of the legislative or executive branch, a gift or an
50	45		award or memento, the value of which exceeds $50 per gift, award, or
51	46		memento, the registrant shall also state the following on the
52	47		report filed under Section 305.006:
53	48		(1) the name of the member of the legislative or
54	49		executive branch in whose behalf the expenditure is made;
55	50		(2) a general description of the gift, award, or
56	51		memento; and
57	52		(3) the amount of the expenditure by the appropriate
58	53		category of the amount, as determined by the commission.
59	54		(h) If more than one registrant or persons acting on behalf
60	55		of more than one registrant and with each registrant's consent or
61	56		ratification collaborate to make an expenditure described by
62	57		Section 305.006(b) together, each registrant shall report the total
63		-	value of the shared expenditure as required by Subsection (a), (b),
64		-	or (c), if the total value of the shared expenditure exceeds the
65		-	amount provided under Subsection (a), (b), or (c).
	58	+	amount of the shared expenditure as required by Subsection (a) or
	59	+	(b), if the total amount of the shared expenditure exceeds the
	60	+	amount provided under Subsection (a) or (b).
	61	+	(i) If more than one registrant or persons acting on behalf
	62	+	of more than one registrant and with each registrant's consent or
	63	+	ratification collaborate to make an expenditure described by
	64	+	Section 305.006(b) together, each registrant shall report the total
	65	+	value of the shared expenditure as required by Subsection (c), if
	66	+	the total value of the shared expenditure exceeds the amount
	67	+	provided under Subsection (c).
66	68		SECTION 2. Section 305.024(a), Government Code, as amended
67	69		by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th
68	70		Legislature, Regular Session, 2005, is reenacted and amended to
69	71		read as follows:
70	72		(a) Except as provided by Section 305.025, a person
71	73		registered under Section 305.005 or a person on the registrant's
72	74		behalf and with the registrant's consent or ratification may not
73	75		offer, confer, or agree to confer:
74	76		(1) to an individual described by Section
75	77		305.0062(a)(1), (2), (3), (4), or (5):
76	78		(A) a loan, including the guarantee or
77	79		endorsement of a loan; or
78	80		(B) a gift of cash or a negotiable instrument as
79	81		described by Section 3.104, Business & Commerce Code; or
80	82		(2) to an individual described by Section
81	83		305.0062(a)(1), (2), (3), (4), (5), (6), or (7):
82	84		(A) an expenditure for transportation and
83	85		lodging;
84	86		(B) an expenditure or series of expenditures for
85	87		entertainment that in the aggregate exceed $500 in a calendar year;
86	88		(C) an expenditure or series of expenditures for
87	89		gifts that in the aggregate exceed $500 in a calendar year;
88	90		(D) an expenditure for an award or memento that
89	91		exceeds $500; or
90	92		(E) an expenditure described by Section
91	93		305.006(b)(1), (2), (3), or (6) unless:
92	94		(i) [(A)] the registrant is present at the
93	95		event; or
94	96		(ii) [(B)] the expenditure is for a gift of
95	97		food or beverages required to be reported under Section
96	98		305.006(b)(4) in accordance with Section 305.0061(e-1).
97	99		SECTION 3. Section 305.024, Government Code, is amended by
98	100		adding Subsection (d) to read as follows:
99	101		(d) The registrant shall notify a member of the legislative
100	102		or executive branch when the registrant has reported, as to that
101	103		member of the legislative or executive branch, expenditures that,
102	104		in the aggregate, equal the monetary limits for expenditures under
103	105		Subsection (a)(2).
104	106		SECTION 4. Section 305.031(a), Government Code, is amended
105	107		to read as follows:
106	108		(a) A person commits an offense if the person intentionally
107	109		or knowingly violates a provision of this chapter other than
108	110		Section 305.022, 305.024(d), or 305.028. An offense under this
109	111		subsection is a Class A misdemeanor.
110	112		SECTION 5. Section 305.024(c), Government Code, is
111	113		repealed.
112	114		SECTION 6. The changes in law made by this Act apply only to
113	115		a gift, award, or memento given to or expenditures for
114	116		transportation, lodging, food, beverages, or entertainment made
115	117		for a member of the legislative or executive branch or the immediate
116	118		family of a member of the legislative or executive branch on or
117	119		after the effective date of this Act. A gift, award, or memento
118	120		given to or an expenditure for transportation, lodging, food,
119	121		beverages, or entertainment made for a member of the legislative or
120	122		executive branch or the immediate family of a member of the
121	123		legislative or executive branch before the effective date of this
122	124		Act is governed by the law in effect on the date the gift, award, or
123	125		memento was given, or the date the expenditure for transportation,
124	126		lodging, food, beverages, or entertainment was made, and the former
125	127		law is continued in effect for that purpose.
126	128		SECTION 7. This Act takes effect January 8, 2019.
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