| 1 | 1 | | 88R1565 TJB-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 214 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the content of detailed reports filed by lobbyists and |
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| 8 | 8 | | to monetary limits on expenditures by lobbyists. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 305.0061, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (a), (b), and (c) and adding Subsections (h) |
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| 12 | 12 | | and (i) to read as follows: |
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| 13 | 13 | | (a) If a registrant or a person on the registrant's behalf |
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| 14 | 14 | | and with the registrant's consent or ratification makes |
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| 15 | 15 | | expenditures that exceed 30 [60] percent of the amount of the |
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| 16 | 16 | | legislative per diem in a day for transportation or lodging for a |
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| 17 | 17 | | member of the legislative or executive branch or for the immediate |
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| 18 | 18 | | family of a member of the legislative or executive branch, the |
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| 19 | 19 | | registrant shall also state the following on the report filed under |
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| 20 | 20 | | Section 305.006: |
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| 21 | 21 | | (1) the name of the member of the legislative or |
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| 22 | 22 | | executive branch in whose behalf the expenditure is made; |
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| 23 | 23 | | (2) the place and date of the transportation or |
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| 24 | 24 | | lodging; and |
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| 25 | 25 | | (3) the purpose of the transportation or lodging. |
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| 26 | 26 | | (b) If a registrant or a person on the registrant's behalf |
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| 27 | 27 | | and with the registrant's consent or ratification makes |
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| 28 | 28 | | expenditures that exceed 30 [60] percent of the amount of the |
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| 29 | 29 | | legislative per diem in a day for food and beverages for a member of |
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| 30 | 30 | | the legislative or executive branch or for the immediate family of a |
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| 31 | 31 | | member of the legislative or executive branch or makes expenditures |
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| 32 | 32 | | that exceed 30 [60] percent of the amount of the legislative per |
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| 33 | 33 | | diem in a day for entertainment for a member of the legislative or |
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| 34 | 34 | | executive branch or for the immediate family of a member of the |
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| 35 | 35 | | legislative or executive branch, the registrant shall also state |
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| 36 | 36 | | the following on the report filed under Section 305.006: |
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| 37 | 37 | | (1) the name of the member of the legislative or |
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| 38 | 38 | | executive branch in whose behalf the expenditure is made; |
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| 39 | 39 | | (2) the place and date of the expenditure; and |
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| 40 | 40 | | (3) the amount of the expenditure by the appropriate |
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| 41 | 41 | | category of the amount, as determined by the commission. |
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| 42 | 42 | | (c) If a registrant or a person on the registrant's behalf |
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| 43 | 43 | | and with the registrant's consent or ratification gives to a member |
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| 44 | 44 | | of the legislative or executive branch, or to the immediate family |
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| 45 | 45 | | of a member of the legislative or executive branch, a gift or an |
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| 46 | 46 | | award or memento, the value of which exceeds $50 per gift, award, or |
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| 47 | 47 | | memento, the registrant shall also state the following on the |
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| 48 | 48 | | report filed under Section 305.006: |
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| 49 | 49 | | (1) the name of the member of the legislative or |
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| 50 | 50 | | executive branch in whose behalf the expenditure is made; |
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| 51 | 51 | | (2) a general description of the gift, award, or |
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| 52 | 52 | | memento; and |
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| 53 | 53 | | (3) the amount of the expenditure by the appropriate |
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| 54 | 54 | | category of the amount, as determined by the commission. |
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| 55 | 55 | | (h) If more than one registrant or persons acting on behalf |
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| 56 | 56 | | of more than one registrant and with each registrant's consent or |
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| 57 | 57 | | ratification collaborate to make an expenditure described by |
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| 58 | 58 | | Section 305.006(b) together, each registrant shall report the total |
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| 59 | 59 | | amount of the shared expenditure as required by Subsection (a) or |
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| 60 | 60 | | (b), if the total amount of the shared expenditure exceeds the |
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| 61 | 61 | | amount provided under Subsection (a) or (b). |
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| 62 | 62 | | (i) If more than one registrant or persons acting on behalf |
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| 63 | 63 | | of more than one registrant and with each registrant's consent or |
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| 64 | 64 | | ratification collaborate to make an expenditure described by |
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| 65 | 65 | | Section 305.006(b) together, each registrant shall report the total |
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| 66 | 66 | | value of the shared expenditure as required by Subsection (c), if |
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| 67 | 67 | | the total value of the shared expenditure exceeds the amount |
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| 68 | 68 | | provided under Subsection (c). |
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| 69 | 69 | | SECTION 2. Section 305.024(a), Government Code, as amended |
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| 70 | 70 | | by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th |
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| 71 | 71 | | Legislature, Regular Session, 2005, is reenacted and amended to |
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| 72 | 72 | | read as follows: |
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| 73 | 73 | | (a) Except as provided by Section 305.025, a person |
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| 74 | 74 | | registered under Section 305.005 or a person on the registrant's |
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| 75 | 75 | | behalf and with the registrant's consent or ratification may not |
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| 76 | 76 | | offer, confer, or agree to confer: |
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| 77 | 77 | | (1) to an individual described by Section |
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| 78 | 78 | | 305.0062(a)(1), (2), (3), (4), or (5): |
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| 79 | 79 | | (A) a loan, including the guarantee or |
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| 80 | 80 | | endorsement of a loan; or |
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| 81 | 81 | | (B) a gift of cash or a negotiable instrument as |
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| 82 | 82 | | described by Section 3.104, Business & Commerce Code; or |
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| 83 | 83 | | (2) to an individual described by Section |
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| 84 | 84 | | 305.0062(a)(1), (2), (3), (4), (5), (6), or (7): |
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| 85 | 85 | | (A) an expenditure for transportation and |
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| 86 | 86 | | lodging; |
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| 87 | 87 | | (B) an expenditure or series of expenditures for |
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| 88 | 88 | | entertainment that in the aggregate exceed $500 in a calendar year; |
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| 89 | 89 | | (C) an expenditure or series of expenditures for |
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| 90 | 90 | | gifts that in the aggregate exceed $500 in a calendar year; |
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| 91 | 91 | | (D) an expenditure for an award or memento that |
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| 92 | 92 | | exceeds $500; or |
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| 93 | 93 | | (E) an expenditure described by Section |
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| 94 | 94 | | 305.006(b)(1), (2), (3), or (6) unless: |
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| 95 | 95 | | (i) [(A)] the registrant is present at the |
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| 96 | 96 | | event; or |
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| 97 | 97 | | (ii) [(B)] the expenditure is for a gift of |
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| 98 | 98 | | food or beverages required to be reported under Section |
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| 99 | 99 | | 305.006(b)(4) in accordance with Section 305.0061(e-1). |
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| 100 | 100 | | SECTION 3. Section 305.024, Government Code, is amended by |
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| 101 | 101 | | adding Subsection (d) to read as follows: |
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| 102 | 102 | | (d) The registrant shall notify a member of the legislative |
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| 103 | 103 | | or executive branch when the registrant has reported, as to that |
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| 104 | 104 | | member of the legislative or executive branch, expenditures that, |
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| 105 | 105 | | in the aggregate, equal the monetary limits for expenditures under |
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| 106 | 106 | | Subsection (a)(2). |
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| 107 | 107 | | SECTION 4. Section 305.031(a), Government Code, is amended |
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| 108 | 108 | | to read as follows: |
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| 109 | 109 | | (a) A person commits an offense if the person intentionally |
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| 110 | 110 | | or knowingly violates a provision of this chapter other than |
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| 111 | 111 | | Section 305.022, 305.024(d), or 305.028. An offense under this |
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| 112 | 112 | | subsection is a Class A misdemeanor. |
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| 113 | 113 | | SECTION 5. Section 305.024(c), Government Code, is |
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| 114 | 114 | | repealed. |
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| 115 | 115 | | SECTION 6. The changes in law made by this Act apply only to |
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| 116 | 116 | | a gift, award, or memento given to or expenditures for |
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| 117 | 117 | | transportation, lodging, food, beverages, or entertainment made |
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| 118 | 118 | | for a member of the legislative or executive branch or the immediate |
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| 119 | 119 | | family of a member of the legislative or executive branch on or |
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| 120 | 120 | | after the effective date of this Act. A gift, award, or memento |
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| 121 | 121 | | given to or an expenditure for transportation, lodging, food, |
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| 122 | 122 | | beverages, or entertainment made for a member of the legislative or |
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| 123 | 123 | | executive branch or the immediate family of a member of the |
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| 124 | 124 | | legislative or executive branch before the effective date of this |
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| 125 | 125 | | Act is governed by the law in effect on the date the gift, award, or |
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| 126 | 126 | | memento was given, or the date the expenditure for transportation, |
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| 127 | 127 | | lodging, food, beverages, or entertainment was made, and the former |
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| 128 | 128 | | law is continued in effect for that purpose. |
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| 129 | 129 | | SECTION 7. This Act takes effect January 14, 2025. |
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