GOVERNMENT CODE
CHAPTER 305. REGISTRATION OF LOBBYISTS
SUBCHAPTER A. GENERAL PROVISIONS; REGISTRATION
§ 305.001. POLICY. The operation of responsible
democratic government requires that the people be afforded the
fullest opportunity to petition their government for the redress of
grievances and to express freely their opinions on legislation,
pending executive actions, and current issues to individual members
of the legislature, legislative committees, state agencies, and
members of the executive branch. To preserve and maintain the
integrity of the legislative and administrative processes, it is
necessary to disclose publicly and regularly the identity,
expenditures, and activities of certain persons who, by direct
communication with government officers, engage in efforts to
persuade members of the legislative or executive branch to take
specific actions.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 305.0011. CODE OF CONDUCT. (a) A registrant shall
decline proffered employment if the exercise of the registrant's
independent judgment on behalf of a client will be or is likely to
be adversely affected by the acceptance of the employment, except
as provided by Subsection (c).
(b) A registrant may not continue multiple employment if the
exercise of the registrant's independent judgment on behalf of a
client will be or is likely to be adversely affected by his
representation of another client, except as provided by Subsection
(c).
(c) A registrant may represent multiple clients in
situations covered by Subsection (a) or (b) only with the consent of
the clients after full disclosure of the possible effects of that
representation on the registrant's professional judgment.
(d) If a registrant is required to decline employment or to
withdraw from employment under this section, a partner or other
person associated with that registrant may not accept or continue
that employment.
(e) The commission may adopt rules for the implementation of
this section consistent with this chapter, the Code of Professional
Responsibility, and the common law of agency.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.01, eff. Jan. 1,
1992.
§ 305.002. DEFINITIONS. In this chapter:
(1) "Administrative action" means rulemaking,
licensing, or any other matter that may be the subject of action by
a state agency, including the proposal, consideration, or approval
of the matter.
(2) "Communicates directly with" or any variation of
the phrase means contact in person or by telephone, telegraph,
letter, facsimile, electronic mail, or other electronic means of
communication.
(3) "Compensation" means money, service, facility, or
other thing of value or financial benefit that is received or is to
be received in return for or in connection with services rendered or
to be rendered.
(4) "Member of the executive branch" means an officer,
officer-elect, candidate for, or employee of any state agency,
department, or office in the executive branch of state government.
(5) "Expenditure" means a payment, distribution,
loan, advance, reimbursement, deposit, or gift of money or any
thing of value and includes a contract, promise, or agreement,
whether or not legally enforceable, to make an expenditure.
(6) "Legislation" means:
(A) a bill, resolution, amendment, nomination,
or other matter pending in either house of the legislature;
(B) any matter that is or may be the subject of
action by either house or by a legislative committee, including the
introduction, consideration, passage, defeat, approval, or veto of
the matter; or
(C) any matter pending in a constitutional
convention or that may be the subject of action by a constitutional
convention.
(7) "Member of the legislative branch" means a member,
member-elect, candidate for, or officer of the legislature or of a
legislative committee, or an employee of the legislature.
(8) "Person" means an individual, corporation,
association, firm, partnership, committee, club, organization, or
group of persons who are voluntarily acting in concert.
(9) "Registrant" means a person required to register
under Section 305.003.
(10) "Commission" means the Texas Ethics Commission.
(11) "Immediate family" means a spouse or dependent
child.
(12) "Client" means a person or entity for which the
registrant is registered or is required to be registered.
(13) "Matter" means the subject matters for which a
registrant has been reimbursed, retained, or employed by a client
to communicate directly with a member of the legislative or
executive branch.
(14) "Person associated with the registrant" or "other
associated person" means a partner or other person professionally
associated with the registrant through a common business entity,
other than a client, that reimburses, retains, or employs the
registrant.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.02, eff. Jan. 1, 1992; Acts
1997, 75th Leg., ch. 1058, § 1, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 249, § 4.02, eff. Sept. 1, 2003.
§ 305.003. PERSONS REQUIRED TO REGISTER. (a) A person
must register with the commission under this chapter if the person:
(1) makes a total expenditure of an amount determined
by commission rule but not less than $200 in a calendar quarter, not
including the person's own travel, food, or lodging expenses or the
person's own membership dues, on activities described in Section
305.006(b) to communicate directly with one or more members of the
legislative or executive branch to influence legislation or
administrative action; or
(2) receives compensation or reimbursement, not
including reimbursement for the person's own travel, food, or
lodging expenses or the person's own membership dues, of more than
an amount determined by commission rule but not less than $200 in a
calendar quarter from another person to communicate directly with a
member of the legislative or executive branch to influence
legislation or administrative action.
(b) Subsection (a)(2) requires a person to register if the
person, as part of his regular employment, has communicated
directly with a member of the legislative or executive branch to
influence legislation or administrative action on behalf of the
person by whom he is compensated or reimbursed, whether or not the
person receives any compensation for the communication in addition
to the salary for that regular employment.
(b-1) Subsection (a)(2) does not require a member of the
judicial, legislative, or executive branch of state government or
an officer or employee of a political subdivision of the state to
register. This subsection does not apply to an officer or employee
of a quasi-governmental agency. For purposes of this subsection,
"quasi-governmental agency" means a governmental agency, other
than an institution of higher education as defined by Section
61.003, Education Code, that has as one of its primary purposes
engaging in an activity that is normally engaged in by a
nongovernmental agency, including:
(1) acting as a trade association; or
(2) competing in the public utility business with
private entities.
(b-2) Subsection (a)(2) does not require an officer or an
employee of a state agency that provides utility services under
Section 35.102, Utilities Code, and Sections 31.401 and 52.133,
Natural Resources Code, to register.
(c) A person who communicates directly with a member of the
executive branch to influence administrative action is not required
to register under Subsection (a)(2) if the person is an attorney of
record or pro se, the person enters his appearance in a public
record through pleadings or other written documents in a docketed
case pending before a state agency, and that communication is the
only activity that would otherwise require the person to register.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.03, eff. Jan. 1, 1992; Acts
2003, 78th Leg., ch. 249, § 4.03, eff. Sept. 1, 2003.
§ 305.004. EXCEPTIONS. The following persons are not
required to register under this chapter:
(1) a person who owns, publishes, or is employed by a
newspaper, any other regularly published periodical, a radio
station, a television station, a wire service, or any other bona
fide news medium that in the ordinary course of business
disseminates news, letters to the editors, editorial or other
comment, or paid advertisements that directly or indirectly oppose
or promote legislation or administrative action, if the person does
not engage in further or other activities that require registration
under this chapter and does not represent another person in
connection with influencing legislation or administrative action;
(2) a person whose only direct communication with a
member of the legislative or executive branch to influence
legislation or administrative action is an appearance before or
testimony to one or more members of the legislative or executive
branch in a hearing conducted by or on behalf of either the
legislative or the executive branch and who does not receive
special or extra compensation for the appearance other than actual
expenses incurred in attending the hearing;
(3) a person whose only activity is to encourage or
solicit members, employees, or stockholders of an entity by whom
the person is reimbursed, employed, or retained to communicate
directly with members of the legislative or executive branch to
influence legislation or administrative action;
(4) a person whose only activity to influence
legislation or administrative action is to compensate or reimburse
an individual registrant to act in the person's behalf to
communicate directly with a member of the legislative or executive
branch to influence legislation or administrative action;
(5) a person whose only activity to influence
legislation or administrative action is attendance at a meeting or
entertainment event attended by a member of the legislative or
executive branch if the total cost of the meeting or entertainment
event is paid by a business entity, union, or association;
(6) a person whose only compensation subject to
Section 305.003(a)(2) consists of reimbursement for any wages not
earned due to attendance at a meeting or entertainment event,
travel to and from the meeting or entertainment event, admission to
the meeting or entertainment event, and any food and beverage
consumed at the meeting or entertainment event if the meeting or
entertainment event is attended by a member of the legislative or
executive branch and if the total cost of the meeting or
entertainment event is paid by a business entity, union, or
association; and
(7) a person who communicates directly with a member
of the legislative or executive branch on behalf of a political
party concerning legislation or administrative action, and whose
expenditures and compensation, as described in Section 305.003,
combined do not exceed $5,000 a calendar year.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.04, eff. Jan. 1, 1992.
§ 305.005. REGISTRATION. (a) Each person required to
register under this chapter shall file a written registration with
the commission and shall submit a registration fee.
(b) A registration filed under this chapter expires at
midnight, December 31, of each year unless the registrant submits a
registration renewal form to the commission on a form prescribed by
the commission and submits the registration renewal fee. The
registrant may file the registration renewal form and the fee
anytime in December of the year in which the registration expires.
(c) The registration fee and registration renewal fee are:
(1) $100 for a registrant employed by an organization
exempt from federal income tax under Section 501(c)(3) or
501(c)(4), Internal Revenue Code of 1986; or
(2) $300 for any other registrant.
(d) Repealed by Acts 1999, 76th Leg., ch. 62, § 8.01,
eff. Sept. 1, 1999.
(e) A person required to register under this chapter who has
not registered or whose registration has expired shall file the
registration form and submit the registration fee not later than
the fifth day after the date on which the person or the person's
employee makes the first direct communication with a member of the
legislative or executive branch that requires the person's
registration.
(f) The registration must be written and verified and must
contain:
(1) the registrant's full name and address;
(2) the registrant's normal business, business phone
number, and business address;
(3) the full name and address of each person:
(A) who reimburses, retains, or employs the
registrant to communicate directly with a member of the legislative
or executive branch to influence legislation or administrative
action; and
(B) on whose behalf the registrant has
communicated directly with a member of the legislative or executive
branch to influence legislation or administrative action;
(4) the subject matter of the legislation or of the
administrative action that is the subject of the registrant's
direct communication with a member of the legislative or executive
branch and, if applicable, the docket number or other
administrative designation of the administrative action;
(5) for each person employed or retained by the
registrant for the purpose of assisting in direct communication
with a member of the legislative or executive branch to influence
legislation or administrative action:
(A) the full name, business address, and
occupation of the person; and
(B) the subject matter of the legislation or of
the administrative action to which the person's activities
reportable under this section were related and, if applicable, the
docket number or other administrative designation of the
administrative action; and
(6) the amount of compensation or reimbursement paid
by each person who reimburses, retains, or employs the registrant
for the purpose of communicating directly with a member of the
legislative or executive branch or on whose behalf the registrant
communicates directly with a member of the legislative or executive
branch.
(g) Compensation or reimbursement required to be reported
under Subsection (f)(6) shall be reported in the following
categories unless reported as an exact amount:
(1) $0 if no compensation or reimbursement is
received;
(2) less than $10,000;
(3) at least $10,000 but less than $25,000;
(4) at least $25,000 but less than $50,000;
(5) at least $50,000 but less than $100,000;
(6) at least $100,000 but less than $150,000;
(7) at least $150,000 but less than $200,000; and
(8) $200,000 or more.
(h) If a registrant's activities are done on behalf of the
members of a group or organization, including a business, trade, or
consumer interest association but excluding a corporation, the
registration form must include:
(1) a statement of the number of members in the group;
(2) the name of each person in the group or
organization who determines the policy of the group or organization
relating to influencing legislative or administrative action;
(3) a full description of the methods by which the
registrant develops and makes decisions about positions on policy;
and
(4) a list of those persons making a grant or
contribution, in addition to or instead of dues or fees, that
exceeds $250 per year.
(i) If a registrant's activities are done on behalf of a
corporation the shares of which are not publicly traded, the
registration form must include:
(1) the number of shareholders in the corporation;
(2) the name and address of each officer or member of
the board of directors; and
(3) the name of each person owning 10 percent or more
shares of the corporation.
(j) If the person described by Subsection (f)(3) is a
business entity engaged in the representation of clients for the
purpose of influencing legislation or administrative action, the
registrant shall give the information required by that subdivision
for each client on whose behalf the registrant communicated
directly with a member of the legislative or executive branch.
(k) If there is a change in the information required to be
reported by a registrant under this section, other than Subsection
(h) or (i), and that changed information is not timely reported on a
report due under Section 305.007, the registrant shall file an
amended statement reflecting the change with the commission not
later than the date on which the next report is due under Section
305.007.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 432, § 1, eff. Jan. 1, 1988; Acts
1991, 72nd Leg., ch. 304, § 2.05, eff. Jan. 1, 1992; Acts 1995,
74th Leg., ch. 996, § 1, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1134, § 11, eff. Sept. 1, 1997; Acts 1999, 76th Leg.,
ch. 62, § 8.01, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch.
249, § 4.04, eff. Sept. 1, 2003.
§ 305.0051. LISTING OF PUBLIC OFFICERS AND
EMPLOYEES. (a) Except as provided by Subsection (b), the
commission by rule may require an officer or employee of a political
subdivision or other governmental entity created under the Texas
Constitution or laws of this state who communicates directly with a
member of the legislative or executive branch concerning
legislation or administrative action, other than routine matters,
to file with the commission the officer's or employee's name, the
name of the entity represented, the subject matter of the
communication, and other information the commission considers
relevant.
(b) The commission may not require a member of the
legislative branch to file with the commission under this section.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.05, eff. Jan. 1,
1992.
§ 305.006. ACTIVITIES REPORT. (a) Each registrant
shall file with the commission a written, verified report
concerning the activities described by this section.
(b) The report must contain the total expenditures under a
category listed in this subsection that the registrant made to
communicate directly with a member of the legislative or executive
branch to influence legislation or administrative action and that
are directly attributable, as that term is used in Section
305.0062(b), to a member of the legislative or executive branch or
the immediate family of a member of the legislative or executive
branch. The report must also include expenditures for the direct
communications under a category listed in this subsection that
other people made on the registrant's behalf if the expenditures
were made with the registrant's consent or were ratified by the
registrant. The expenditures must be reported in the following
categories:
(1) transportation and lodging;
(2) food and beverages;
(3) entertainment;
(4) gifts, other than awards and mementos;
(5) awards and mementos; and
(6) expenditures made for the attendance of members of
the legislative or executive branch at political fund-raisers or
charity events.
(c) The report must also list the total expenditures made by
the registrant or by others on the registrant's behalf and with the
registrant's consent or ratification for broadcast or print
advertisements, direct mailings, and other mass media
communications if:
(1) the communications are made to a person other than
a member, employee, or stockholder of an entity that reimburses,
retains, or employs the registrant; and
(2) the communications support or oppose or encourage
another to support or oppose pending legislation or administrative
action.
(d) The report must also contain a list of the specific
categories of subject matters about which the registrant, any
person the registrant retains or employs to appear on the
registrant's behalf, or any other person appearing on the
registrant's behalf communicated directly with a member of the
legislative or executive branch and that has not been reported
under Section 305.005. The list must include the number or other
designation assigned to the administrative action, if known.
(e) A registrant who reports an expenditure under one
category provided by Subsection (b) may not report the same
expenditure under another category of Subsection (b).
(f) An expenditure described by Subsection (b)(1), (2),
(3), or (6) may not be made or accepted unless the registrant is
present at the event.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 2.02, 2.03, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 432, § 2, eff. Jan. 1, 1988;
Acts 1991, 72nd Leg., ch. 304, § 2.06, eff. Jan. 1, 1992; Acts
1995, 74th Leg., ch. 996, § 2, eff. Sept. 1, 1995; Acts 2003,
78th Leg., ch. 249, § 4.05, eff. Sept. 1, 2003.
§ 305.0061. DETAILED REPORTS. (a) If a registrant or a
person on the registrant's behalf and with the registrant's consent
or ratification makes expenditures that exceed 60 percent of the
amount of the legislative per diem in a day for transportation or
lodging for a member of the legislative or executive branch, the
registrant shall also state the following on the report filed under
Section 305.006:
(1) the name of the member of the legislative or
executive branch in whose behalf the expenditure is made;
(2) the place and date of the transportation or
lodging; and
(3) the purpose of the transportation or lodging.
(b) If a registrant or a person on the registrant's behalf
and with the registrant's consent or ratification makes
expenditures that exceed 60 percent of the amount of the
legislative per diem in a day for food and beverages for a member of
the legislative or executive branch or makes expenditures that
exceed 60 percent of the amount of the legislative per diem in a day
for entertainment for a member of the legislative or executive
branch or for the immediate family of a member of the legislative or
executive branch, the registrant shall also state the following on
the report filed under Section 305.006:
(1) the name of the member of the legislative or
executive branch in whose behalf the expenditure is made;
(2) the place and date of the expenditure; and
(3) the amount of the expenditure by the appropriate
category of the amount, as determined by the commission.
(c) If a registrant or a person on the registrant's behalf
and with the registrant's consent or ratification gives to a member
of the legislative or executive branch a gift or an award or
memento, the value of which exceeds $50 per gift, award, or memento,
the registrant shall also state the following on the report filed
under Section 305.006:
(1) the name of the member of the legislative or
executive branch in whose behalf the expenditure is made;
(2) a general description of the gift, award, or
memento; and
(3) the amount of the expenditure by the appropriate
category of the amount, as determined by the commission.
(d) If a registrant or a person on the registrant's behalf
and with the registrant's consent or ratification makes
expenditures for the attendance of a member of the legislative or
executive branch at a political fund-raiser or charity event, the
registrant shall also state the following on the report filed under
Section 305.006:
(1) the name of the member of the legislative or
executive branch in whose behalf the expenditure is made;
(2) the name of the charity or the name of the
candidate or officeholder for whom the political fund-raiser was
held, as applicable; and
(3) the date of the fund-raiser or event.
(e) If a registrant or a person on the registrant's behalf
and with the registrant's consent or ratification makes an
expenditure for a gift, award, or memento for a member of the
legislative or executive branch in conjunction with an expenditure
for the attendance of that member at a political fund-raiser or
charity event, the registrant shall report the expenditure for the
gift, award, or memento under Subsection (c), if required, and not
under Subsection (d).
(f) If a registrant or a person on the registrant's behalf
with the registrant's consent or ratification makes an expenditure
described by Section 305.006(b)(1), (2), or (3) to communicate
directly with more than one member of the legislative or executive
branch to influence legislation or administrative action and if the
registrant cannot reasonably determine the amount that is directly
attributable to a member, the registrant shall apportion the
expenditure made by that registrant according to the number of
persons in attendance. The registrant shall report as required by
Subsection (a), (b), or (c) if the expenditure for each person
exceeds the amount provided under Subsection (a), (b), or (c).
(g) In this section, "legislative per diem" means the per
diem set by the commission for members of the legislature as
provided by Section 24(a), Article III, Texas Constitution.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.07, eff. Jan. 1,
1992. Amended by Acts 2003, 78th Leg., ch. 249, § 4.06, eff.
Sept. 1, 2003.
§ 305.0062. EXPENDITURES ATTRIBUTABLE TO
GROUPS. (a) The report filed under Section 305.006 must also
contain the total expenditures described by Section 305.006(b) that
are directly attributable to members of the legislative or
executive branch. The expenditures must be stated in only one of
the following categories:
(1) state senators;
(2) state representatives;
(3) elected or appointed state officers, other than
those described by Subdivision (1) or (2);
(4) legislative agency employees;
(5) executive agency employees;
(6) the immediate family of a member of the
legislative or executive branch; and
(7) events to which all legislators are invited.
(b) For purposes of Subsection (a), an expenditure is
directly attributable to the person who consumed the food or
beverage, to the person for whom admission, transportation, or
lodging expenses were paid, or to the person to whom the gift,
award, or memento was given.
(c) All expenditures made by a registrant or a person on the
registrant's behalf and with the registrant's consent or
ratification that benefit members of the immediate family of
members of the legislative or executive branch shall be aggregated
and reported under Subsection (a)(6).
(d) If a registrant cannot reasonably determine the amount
of an expenditure under Section 305.006(b) that is directly
attributable to a member of the legislative or executive branch as
required by Subsection (a), the registrant shall apportion the
expenditure made by that registrant or by others on the
registrant's behalf and with the registrant's consent or
ratification according to the total number of persons in
attendance. However, if an expenditure is for an event to which all
legislators are invited, the registrant shall report the
expenditure under Subsection (a)(7) and not under any other
subdivision of that subsection or any other provision of this
chapter.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.08, eff. Jan. 1,
1992. Amended by Acts 1995, 74th Leg., ch. 996, § 3, eff. Sept.
1, 1995.
§ 305.0063. MODIFIED REPORTING. (a) A person required
to register under this chapter may, when filing the registration
form or registration renewal form, elect to file an activities
report under this section instead of Section 305.006 if the person
does not intend to make expenditures reportable under Section
305.006(b) of more than $1,000 during a calendar year, not
including the person's own travel, food, or lodging expenses or the
person's own membership dues.
(b) To be entitled to file reports under this section, the
registrant must file with the registration form or registration
renewal form a written declaration of intent not to exceed $1,000 in
expenditures during each calendar year in which that registration
or registration renewal is effective.
(c) A registrant filing under this section shall annually
file the report required by Section 305.006. The report must be
filed not later than January 10 and must cover the activities
occurring during the previous calendar year.
(d) A registrant who exceeds $1,000 in expenditures shall
file monthly reports as required by Section 305.007. The first
report filed after exceeding $1,000 covers the period beginning
January 1 through the date on which the next reporting period ends.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.09, eff. Jan. 1,
1992.
§ 305.0064. ELECTRONIC FILING OF REGISTRATIONS AND
ACTIVITY REPORTS. (a) Except as provided by Subsection (b), each
registration filed under Section 305.005 and each report filed
under Section 305.006 must be filed by computer diskette, modem, or
other means of electronic transfer, using computer software
provided by the commission or computer software that meets
commission specifications for a standard file format.
(b) The commission shall adopt rules under which a
registrant may file paper registrations or reports on forms
prescribed by the commission. The rules must be designed to ensure
that:
(1) use of the electronic filing system under
Subsection (a) is maximized; and
(2) registrants may file paper registrations or
reports for good cause only.
(c) The commission shall implement an electronic filing
system under Subsection (a) not later than December 1, 2004. The
commission by rule shall identify the date on which the requirement
that a registration must be made as required by Subsection (a) takes
effect and the first reporting period under Section 305.007 for
which a report must be made as required by Subsection (a). This
subsection expires January 1, 2005.
(d) A registration fee under Section 305.005(c)(1) or (2)
for the calendar years 2004 and 2005 is increased by an amount
determined by the commission as sufficient to generate additional
revenue necessary to develop and implement an electronic filing
system under Subsection (a). Additional revenue generated by a fee
increase under this subsection may be used only to develop and
implement the electronic filing system under Subsection (a). The
commission may impose a different increase for each fee under
Section 305.005(c). This subsection expires January 1, 2006.
Added by Acts 2003, 78th Leg., ch. 249, § 4.07, eff. Sept. 1,
2003.
§ 305.007. FILING DATES FOR SUPPLEMENTAL
REPORTS. (a) The registrant must file the report required by
Section 305.006 between the 1st and 10th day of each month. The
report must cover the activities occurring during the previous
month.
(b) A person who made expenditures on the registrant's
behalf that are required to be reported under Section 305.006 or a
person who has other information that is required to be reported by
the registrant under this chapter shall provide a full, verified
account of the expenditures to the registrant not later than the
seventh day before the date on which the registrant's report is due.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.10, eff. Jan. 1, 1992.
§ 305.008. TERMINATION NOTICE. (a) A person who
ceases to engage in activities requiring registration under this
chapter shall file a written, verified statement with the
commission acknowledging the termination of activities. The notice
is effective immediately.
(b) A person who files a notice of termination under this
section must file the reports required by Section 305.006 for any
reporting period during which the person was registered.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 107, § 3.23, eff. Aug. 30, 1993.
§ 305.009. MAINTENANCE OF REPORTS. (a) All reports
filed under this chapter are public records and shall be made
available for public inspection during regular business hours.
(b) The commission shall:
(1) design and provide appropriate forms, covering
only the items required to be disclosed under this chapter, to be
used for the registration and reporting of required information;
(2) maintain registrations and reports in a separate,
alphabetical file;
(3) remove registrations and reports from the files
after five years from the date of filing; and
(4) maintain a deputy available to receive
registrations and reports and make the registrations and reports
available to the public for inspection.
(c) The commission shall retain a report filed under this
chapter for at least four years after the date the report is filed.
(d) A registrant shall keep any records necessary to the
reports required under this chapter for at least four years after
the date the report is filed.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.11, eff. Jan. 1, 1992; Acts
1993, 73rd Leg., ch. 107, § 3.24, eff. Aug. 30, 1993.
§ 305.010. TIMELINESS OF FILING REGISTRATIONS AND
REPORTS. A registration or report filed by first-class United
States mail or by common or contract carrier is timely if:
(1) it is properly addressed with postage or handling
charges prepaid; and
(2) it bears a post office cancellation mark or a
receipt mark from a common or contract carrier indicating a time
within the applicable filing period or before the applicable filing
deadline or if the person required to file furnishes satisfactory
proof that it was deposited in the mail or with a common or contract
carrier within that period or before that deadline.
Added by Acts 1987, 70th Leg., ch. 167, § 2.04(a), eff. Sept. 1,
1987.
§ 305.011. LIST OF REGISTRANTS AND EMPLOYERS. (a) Not
later than February 1 of each odd-numbered year, the commission
shall prepare a list of the names of registrants and shall indicate
by each registrant's name each employer or concern employing the
registrant.
(b) In addition to the list required under Subsection (a),
the commission shall prepare a list of the names of any employer or
concern employing a registrant and shall indicate each registrant
compensated by the employer or concern.
(c) The commission shall send the lists prepared under this
section to each member of the legislature. During a regular
legislative session, the commission shall send a monthly update of
the lists to each member of the legislature and to any person
required to file under Chapter 572, who requests one.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.12, eff. Jan. 1,
1992. Amended by Acts 1993, 73rd Leg., ch. 107, § 3.25, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, § 5.95(40), eff.
Sept. 1, 1995.
SUBCHAPTER B. PROHIBITED ACTIVITIES
§ 305.021. FALSE COMMUNICATIONS. A person, for the
purpose of influencing legislation or administrative action, may
not:
(1) knowingly or wilfully make a false statement or
misrepresentation of the facts to a member of the legislative or
executive branch; or
(2) cause a copy of a document the person knows to
contain a false statement to be received by a member of the
legislative or executive branch without notifying the member in
writing of the truth.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 305.022. CONTINGENT FEES. (a) A person may not
retain or employ another person to influence legislation or
administrative action for compensation that is totally or partially
contingent on the passage or defeat of any legislation, the
governor's approval or veto of any legislation, or the outcome of
any administrative action.
(b) A person may not accept any employment or render any
service to influence legislation or administrative action for
compensation contingent on the passage or defeat of any
legislation, the governor's approval or veto of any legislation, or
the outcome of any administrative action.
(c) For purposes of this section, a sales commission payable
to an employee of a vendor of a product is not considered
compensation contingent on the outcome of administrative action.
(d) This section does not prohibit the payment or acceptance
of contingent fees:
(1) expressly authorized by other law; or
(2) for legal representation before state
administrative agencies in contested hearings or similar
adversarial proceedings prescribed by law or administrative rules.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.13, eff. Jan. 1, 1992.
§ 305.023. ADMISSION TO FLOORS. A person who is
registered or required to be registered under this chapter may not
go on the floor of either house of the legislature while that house
is in session unless invited by that house.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 305.024. RESTRICTIONS ON EXPENDITURES. (a) Except
as provided by Section 305.025, a person registered under Section
305.005 or a person on the registrant's behalf and with the
registrant's consent or ratification may not offer, confer, or
agree to confer to a member of the legislative or executive branch:
(1) a loan, including the guarantee or endorsement of
a loan;
(2) a gift of cash or a negotiable instrument as
described by Section 3.104, Business & Commerce Code;
(3) an expenditure for transportation and lodging;
(4) an expenditure or series of expenditures for
entertainment that in the aggregate exceed $500 in a calendar year;
(5) an expenditure or series of expenditures for gifts
that in the aggregate exceed $500 in a calendar year;
(6) an expenditure for an award or memento that
exceeds $500; or
(7) an expenditure described by Section
305.006(b)(1), (2), (3), or (6) unless the registrant is present at
the event.
(b) Except as provided by Section 305.025, a member of the
legislative or executive branch may not solicit, accept, or agree
to accept from a person registered under Section 305.005 or from a
person on the registrant's behalf and with the registrant's consent
or ratification an item listed in Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 304, § 2.14(a), eff. Jan. 1,
1992.
§ 305.025. EXCEPTIONS. Section 305.024 does not
prohibit:
(1) a loan in the due course of business from a
corporation or other business entity that is legally engaged in the
business of lending money and that has conducted that business
continuously for more than one year before the loan is made;
(2) a loan or guarantee of a loan or a gift made or
given by a person related within the second degree by affinity or
consanguinity to the member of the legislative or executive branch;
(3) necessary expenditures for transportation and
lodging when the purpose of the travel is to explore matters
directly related to the duties of a member of the legislative or
executive branch, such as fact-finding trips, but not including
attendance at merely ceremonial events or pleasure trips;
(4) necessary expenditures for transportation and
lodging provided in connection with a conference, seminar,
educational program, or similar event in which the member renders
services, such as addressing an audience or engaging in a seminar,
to the extent that those services are more than merely perfunctory;
(5) an incidental expenditure for transportation as
determined by commission rule; or
(6) a political contribution as defined by Section
251.001, Election Code.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.14(a), eff. Jan. 1,
1992. Amended by Acts 1995, 74th Leg., ch. 996, § 4, eff. Sept.
1, 1995.
§ 305.026. PROHIBITION ON USE OF CERTAIN PUBLIC
FUNDS. (a) Public funds available to a political subdivision may
not be used to compensate or reimburse the expenses over $50 of any
person for the purpose of communicating directly with a member of
the legislative branch to influence legislation, unless the person
being compensated or reimbursed resides in the district of the
member with whom the person communicates or files a written
statement with the commission that includes the person's name, the
amount of compensation or reimbursement, and the name of the
affected political subdivision.
(b) In this section, "political subdivision" includes:
(1) a municipality;
(2) a county; and
(3) a special district created under the constitution
or laws of this state, including:
(A) a school district;
(B) a junior college district;
(C) a water district;
(D) a hospital district;
(E) a municipal utility district;
(F) a metropolitan transit authority; and
(G) any other governmental entity that embraces a
geographic area within a definite boundary and exists for the
purpose of discharging functions of government and possesses
authority for subordinate self-government through officers
selected by it.
(c) This section does not apply to a person who is
registered under this chapter, to a person who holds an elective or
appointive public office, or to a full-time employee of the
affected political subdivision.
(d) This section does not prohibit a political subdivision
from making an expenditure of public funds to a statewide
association with a minimum membership of at least 25 percent of
eligible political subdivisions that contract with or employ a
registrant for the purpose of communicating directly with a member
of the legislative branch to influence legislation.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.14(a), eff. Jan. 1,
1992. Amended by Acts 1993, 73rd Leg., ch. 107, § 3.26, eff.
Aug. 30, 1993.
§ 305.027. REQUIRED DISCLOSURE ON LEGISLATIVE
ADVERTISING. (a) A person commits an offense if the person
knowingly enters into a contract or other agreement to print,
publish, or broadcast legislative advertising that does not
indicate in the advertising:
(1) that it is legislative advertising;
(2) the full name of the individual who personally
entered into the contract or agreement with the printer, publisher,
or broadcaster and the name of the person, if any, that the
individual represents; and
(3) in the case of advertising that is printed or
published, the address of the individual who personally entered
into the agreement with the printer or publisher and the address of
the person, if any, that the individual represents.
(b) It is an exception to the application of Subsection (a)
to a broadcaster, printer, or publisher of legislative advertising
or to an agent or employee of the broadcaster, printer, or publisher
that:
(1) the person entering into the contract or agreement
with the broadcaster, printer, or publisher is not the actual
sponsor of the advertising but is the sponsor's professional
advertising agent conducting business in this state; or
(2) the advertising is procured by the actual sponsor
of the legislative advertising and, before the performance of the
contract or agreement, the sponsor is given written notice as
provided by Subsection (d).
(c) A professional advertising agent conducting business in
this state who seeks to procure the broadcasting, printing, or
publication of legislative advertising on behalf of the sponsor of
the advertising commits an offense if the agent enters into a
contract or agreement for the broadcasting, printing, or
publication of legislative advertising and does not, before the
performance of the contract or agreement, give the sponsor written
notice as provided by Subsection (d).
(d) The notice required by Subsections (b) and (c) must be
substantially as follows:
Section 305.027, Government Code, requires legislative
advertising to disclose certain information. A person who
knowingly enters into a contract or other agreement to print,
publish, or broadcast legislative advertising that does not contain
the information required under that section commits an offense that
is a Class A misdemeanor.
(e) In this section, "legislative advertising" means a
communication that supports, opposes, or proposes legislation and
that:
(1) in return for consideration, is published in a
newspaper, magazine, or other periodical or is broadcast by radio
or television; or
(2) appears in a pamphlet, circular, flier, billboard
or other sign, bumper sticker, button, or similar form of written
communication.
Added by Acts 1991, 72nd Leg., ch. 304, § 2.14(a), eff. Jan. 1,
1992.
§ 305.028. PROHIBITED CONFLICTS OF INTEREST. (a) In
this section:
(1) "Client" means a person or entity for which the
registrant is registered or is required to be registered.
(2) "Matter" means the subject matters for which a
registrant has been reimbursed, retained, or employed by a client
to communicate directly with a member of the legislative or
executive branch.
(3) "Person associated with the registrant" or "other
associated person" means a partner or other person professionally
associated with the registrant through a common business entity,
other than a client, that reimburses, retains, or employs the
registrant.
(b) Except as permitted by Subsection (c), a registrant may
not represent a client in communicating directly with a member of
the legislative or executive branch to influence legislative
subject matter or administrative action if the representation of
that client:
(1) involves a substantially related matter in which
that client's interests are materially and directly adverse to the
interests of:
(A) another client of the registrant;
(B) an employer or concern employing the
registrant; or
(C) another client of a person associated with
the registrant; or
(2) reasonably appears to be adversely limited by:
(A) the registrant's, the employer's or
concern's, or the other associated person's responsibilities to
another client; or
(B) the registrant's, employer's or concern's own
interest, or other associated person's own business interests.
(c) A registrant may represent a client in the circumstances
described in Subsection (b) if:
(1) the registrant reasonably believes the
representation of each client will not be materially affected;
(2) not later than the second business day after the
date the registrant becomes aware of a conflict described by
Subsection (b), the registrant provides written notice, in the
manner required by the commission, to each affected client; and
(3) not later than the 10th day after the date the
registrant becomes aware of a conflict described by Subsection (b),
the registrant files with the commission a statement that:
(A) indicates that there is a conflict;
(B) states that the registrant has notified each
affected client as required by Subdivision (2); and
(C) states the name and address of each affected
client.
(d) If a registrant has accepted representation in conflict
with the restrictions of this section, or if multiple
representation properly accepted becomes improper under this
section, the registrant shall promptly withdraw from one or more
representations to the extent necessary for any remaining
representation not to be in conflict with this section.
(e) If a registrant would be prohibited by this section from
engaging in particular conduct, an employer or concern employing
the registrant or a partner or other person associated with the
registrant may not engage in that conduct.
(f) In each report filed with the commission, a registrant
shall, under oath, affirm that the registrant has, to the best of
the registrant's knowledge, complied with this section.
(g) The commission may receive complaints regarding a
violation of this section. If the commission determines a
violation of this section has occurred, the commission, after
notice and hearing:
(1) shall impose a civil penalty in an amount not to
exceed $2,000; and
(2) may rescind the person's registration and may
prohibit the person from registering with the commission for a
period not to exceed two years from the date of the rescission of
the person's registration.
(h) A penalty under this section is in addition to any other
enforcement, criminal, or civil action that the commission or
another person may take under this chapter or other law.
(i) A restriction on a registrant under this section is in
addition to any restrictions on the registrant's conduct under
Section 305.0011.
(j) A statement filed under Subsection (c) is not public
information.
Added by Acts 2001, 77th Leg., ch. 1013, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 249, § 4.08, 4.12, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1322, § 1, eff. Sept. 1,
2003.
SUBCHAPTER C. SANCTIONS
§ 305.031. CRIMINAL PENALTIES. (a) A person commits
an offense if the person intentionally or knowingly violates a
provision of this chapter other than Section 305.0011, 305.012,
305.022, or 305.028. An offense under this subsection is a Class A
misdemeanor.
(b) A person commits an offense if the person intentionally
or knowingly violates Section 305.022. An offense under this
subsection is a felony of the third degree.
(c) Repealed by Acts 2003, 78th Leg., ch. 249, § 4.12 and
Acts 2003, 78th Leg., ch. 1322, § 2.
(d) This chapter does not affect the criminal
responsibility of a person under the state laws relating to
perjury.
(e) This section does not prohibit the commission from
imposing a civil penalty for a violation.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.15, eff. Jan. 1, 1992; Acts
1995, 74th Leg., ch. 996, § 5, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 1013, § 2, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 249, § 4.09, 4.12, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1322, § 2, eff. Sept. 1, 2003.
§ 305.032. CIVIL PENALTY FOR FAILURE TO REGISTER. In
addition to the criminal penalties prescribed by Section 305.031, a
person who receives compensation or reimbursement or makes an
expenditure for engaging in direct communication to influence
legislation or administrative action and who fails to file a
registration form or activities report required to be filed under
this chapter shall pay a civil penalty in an amount determined by
commission rule, but not to exceed an amount equal to three times
the compensation, reimbursement, or expenditure.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.16, eff. Jan. 1, 1992.
§ 305.033. CIVIL PENALTY FOR LATE FILING. (a) The
commission shall determine from any available evidence whether a
registration or report required to be filed with the commission
under this chapter is late. A registration filed without the fee
required by Section 305.005 is considered to be late. On making a
determination that a required registration or report is late, the
commission shall immediately mail a notice of the determination to
the person responsible for the filing, to the commission, and to the
appropriate attorney for the state.
(b) If a registration or report is determined to be late,
the person responsible for the filing is liable to the state for
payment of a civil penalty of $500.
(c) If a registration or report is more than 30 days late,
the commission shall issue a warning of liability by registered
mail to the person responsible for the filing. If the penalty is
not paid before the 10th day after the date on which the warning is
received, the person is liable for a penalty in an amount determined
by commission rule, but not to exceed $10,000.
(d) A penalty paid voluntarily under this section shall be
deposited in the state treasury to the credit of the General Revenue
Fund.
(e) This section is in addition to any other available
sanctions for late filings of registrations or reports.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 432, § 3, eff. Jan. 1, 1988; Acts
1991, 72nd Leg., ch. 304, § 2.17, eff. Jan. 1, 1992; Acts 1993,
73rd Leg., ch. 107, § 3.27, eff. Aug. 30, 1993; Acts 2003, 78th
Leg., ch. 249, § 4.10, eff. Sept. 1, 2003.
§ 305.034. FAILURE TO FILE ALL REQUIRED FORMS. (a) The
commission shall determine whether all persons registered under
this chapter have filed all required forms, statements, and
reports.
(b) Whenever the commission determines that a person has
failed to file any required form, statement, or report as required
by this chapter, the commission shall send a written statement of
this finding to the person involved. Notice to the person involved
must be sent by certified mail.
(c) If the person fails to file the form, statement, or
report as required by this chapter before the 21st day after the
date on which the notice was sent, the commission shall file a sworn
complaint of the violation with the appropriate prosecuting
attorney.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 107, § 3.28, eff. Aug. 30, 1993.
§ 305.035. ENFORCEMENT. (a) The commission, the
attorney general, or any county or district attorney may enforce
this chapter.
(b) On the application of any citizen of this state, a
district court in Travis County may issue an injunction to enforce
this chapter.
(c) A person may file with the appropriate prosecuting
attorney or with the commission a written, sworn statement alleging
a violation of this chapter.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 304, § 2.18, eff. Jan. 1, 1992.
§ 305.036. VENUE. An offense under this chapter,
including perjury, may be prosecuted in Travis County or in any
other county in which it may be prosecuted under the Code of
Criminal Procedure, 1965.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
