Texas 2019 - 86th Regular

Texas Senate Bill SB366 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Watson S.B. No. 366
	2	+	(In the Senate - Filed January 16, 2019; February 7, 2019,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 18, 2019, reported favorably by the following vote: Yeas 9,
	5	+	Nays 0; March 18, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the content of detailed reports filed by lobbyists and
7	12		to monetary limits on expenditures by lobbyists.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Section 305.0061, Government Code, is amended by
10	15		amending Subsections (a), (b), and (c) and adding Subsections (h)
11	16		and (i) to read as follows:
12	17		(a) If a registrant or a person on the registrant's behalf
13	18		and with the registrant's consent or ratification makes
14	19		expenditures that exceed 30 [60] percent of the amount of the
15	20		legislative per diem in a day for transportation or lodging for a
16	21		member of the legislative or executive branch or for the immediate
17	22		family of a member of the legislative or executive branch, the
18	23		registrant shall also state the following on the report filed under
19	24		Section 305.006:
20	25		(1) the name of the member of the legislative or
21	26		executive branch in whose behalf the expenditure is made;
22	27		(2) the place and date of the transportation or
23	28		lodging; and
24	29		(3) the purpose of the transportation or lodging.
25	30		(b) If a registrant or a person on the registrant's behalf
26	31		and with the registrant's consent or ratification makes
27	32		expenditures that exceed 30 [60] percent of the amount of the
28	33		legislative per diem in a day for food and beverages for a member of
29	34		the legislative or executive branch or for the immediate family of a
30	35		member of the legislative or executive branch or makes expenditures
31	36		that exceed 30 [60] percent of the amount of the legislative per
32	37		diem in a day for entertainment for a member of the legislative or
33	38		executive branch or for the immediate family of a member of the
34	39		legislative or executive branch, the registrant shall also state
35	40		the following on the report filed under Section 305.006:
36	41		(1) the name of the member of the legislative or
37	42		executive branch in whose behalf the expenditure is made;
38	43		(2) the place and date of the expenditure; and
39	44		(3) the amount of the expenditure by the appropriate
40	45		category of the amount, as determined by the commission.
41	46		(c) If a registrant or a person on the registrant's behalf
42	47		and with the registrant's consent or ratification gives to a member
43	48		of the legislative or executive branch, or to the immediate family
44	49		of a member of the legislative or executive branch, a gift or an
45	50		award or memento, the value of which exceeds $50 per gift, award, or
46	51		memento, the registrant shall also state the following on the
47	52		report filed under Section 305.006:
48	53		(1) the name of the member of the legislative or
49	54		executive branch in whose behalf the expenditure is made;
50	55		(2) a general description of the gift, award, or
51	56		memento; and
52	57		(3) the amount of the expenditure by the appropriate
53	58		category of the amount, as determined by the commission.
54	59		(h) If more than one registrant or persons acting on behalf
55	60		of more than one registrant and with each registrant's consent or
56	61		ratification collaborate to make an expenditure described by
57	62		Section 305.006(b) together, each registrant shall report the total
58	63		amount of the shared expenditure as required by Subsection (a) or
59	64		(b), if the total amount of the shared expenditure exceeds the
60	65		amount provided under Subsection (a) or (b).
61	66		(i) If more than one registrant or persons acting on behalf
62	67		of more than one registrant and with each registrant's consent or
63	68		ratification collaborate to make an expenditure described by
64	69		Section 305.006(b) together, each registrant shall report the total
65	70		value of the shared expenditure as required by Subsection (c), if
66	71		the total value of the shared expenditure exceeds the amount
67	72		provided under Subsection (c).
68	73		SECTION 2. Section 305.024(a), Government Code, as amended
69	74		by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th
70	75		Legislature, Regular Session, 2005, is reenacted and amended to
71	76		read as follows:
72	77		(a) Except as provided by Section 305.025, a person
73	78		registered under Section 305.005 or a person on the registrant's
74	79		behalf and with the registrant's consent or ratification may not
75	80		offer, confer, or agree to confer:
76	81		(1) to an individual described by Section
77	82		305.0062(a)(1), (2), (3), (4), or (5):
78	83		(A) a loan, including the guarantee or
79	84		endorsement of a loan; or
80	85		(B) a gift of cash or a negotiable instrument as
81	86		described by Section 3.104, Business & Commerce Code; or
82	87		(2) to an individual described by Section
83	88		305.0062(a)(1), (2), (3), (4), (5), (6), or (7):
84	89		(A) an expenditure for transportation and
85	90		lodging;
86	91		(B) an expenditure or series of expenditures for
87	92		entertainment that in the aggregate exceed $500 in a calendar year;
88	93		(C) an expenditure or series of expenditures for
89	94		gifts that in the aggregate exceed $500 in a calendar year;
90	95		(D) an expenditure for an award or memento that
91	96		exceeds $500; or
92	97		(E) an expenditure described by Section
93	98		305.006(b)(1), (2), (3), or (6) unless:
94	99		(i) [(A)] the registrant is present at the
95	100		event; or
96	101		(ii) [(B)] the expenditure is for a gift of
97	102		food or beverages required to be reported under Section
98	103		305.006(b)(4) in accordance with Section 305.0061(e-1).
99	104		SECTION 3. Section 305.024, Government Code, is amended by
100	105		adding Subsection (d) to read as follows:
101	106		(d) The registrant shall notify a member of the legislative
102	107		or executive branch when the registrant has reported, as to that
103	108		member of the legislative or executive branch, expenditures that,
104	109		in the aggregate, equal the monetary limits for expenditures under
105	110		Subsection (a)(2).
106	111		SECTION 4. Section 305.031(a), Government Code, is amended
107	112		to read as follows:
108	113		(a) A person commits an offense if the person intentionally
109	114		or knowingly violates a provision of this chapter other than
110	115		Section 305.022, 305.024(d), or 305.028. An offense under this
111	116		subsection is a Class A misdemeanor.
112	117		SECTION 5. Section 305.024(c), Government Code, is
113	118		repealed.
114	119		SECTION 6. The changes in law made by this Act apply only to
115	120		a gift, award, or memento given to or expenditures for
116	121		transportation, lodging, food, beverages, or entertainment made
117	122		for a member of the legislative or executive branch or the immediate
118	123		family of a member of the legislative or executive branch on or
119	124		after the effective date of this Act. A gift, award, or memento
120	125		given to or an expenditure for transportation, lodging, food,
121	126		beverages, or entertainment made for a member of the legislative or
122	127		executive branch or the immediate family of a member of the
123	128		legislative or executive branch before the effective date of this
124	129		Act is governed by the law in effect on the date the gift, award, or
125	130		memento was given, or the date the expenditure for transportation,
126	131		lodging, food, beverages, or entertainment was made, and the former
127	132		law is continued in effect for that purpose.
128	133		SECTION 7. This Act takes effect January 12, 2021.
	134	+	* * * * *