CHAPTER 305. REGISTRATION OF LOBBYISTS
GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE A. LEGISLATURE
CHAPTER 305. REGISTRATION OF LOBBYISTS
SUBCHAPTER A. GENERAL PROVISIONS; REGISTRATION
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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
or executive branch office, including a matter relating to the
purchase of products or services by the agency or office. The
term includes the proposal, consideration, or approval of the
matter or negotiations concerning 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.02, eff. Jan. 1,
1992; Acts 1997, 75th Leg., ch. 1058, Sec. 1, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 249, Sec. 4.02, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1174, Sec. 2, eff. September 1, 2009.
Sec. 305.0021. DETERMINATION OF AMOUNT OF JOINT EXPENDITURE.
(a) If a registrant, or a person on the registrant's behalf and
with the registrant's consent or ratification, joins with another
person to make an expenditure described by this chapter, the
amount of the expenditure made by or on behalf of the registrant
for purposes of this chapter includes only:
(1) the amount of the portion of the joint expenditure
contributed by the registrant; and
(2) the amount of any portion of the joint expenditure that:
(A) is made on behalf of the registrant by a person who is not a
registrant; and
(B) is not otherwise reported under this chapter.
(b) For purposes of Section 36.02 or 36.10, Penal Code, the
amount of a joint expenditure that is attributed to a person who
is not a registrant is not an expenditure made and reported in
accordance with this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1253, Sec. 1, eff. September 1, 2007.
Sec. 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, or is entitled to receive under an agreement under
which the person is retained or employed, 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.03, eff. Jan. 1,
1992; Acts 2003, 78th Leg., ch. 249, Sec. 4.03, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
725, Sec. 1, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.04, eff. Jan. 1,
1992.
Sec. 305.0041. EXCEPTIONS FOR CERTAIN ACTIVITIES FOR WHICH
COMPENSATION OR REIMBURSEMENT IS RECEIVED. (a) A person is not
required to register under this chapter in accordance with
Section 305.003(a)(2) solely because the person receives or is
entitled to receive compensation or reimbursement to:
(1) communicate as an employee of a vendor of a product or
service to a member of the executive branch concerning state
agency purchasing decisions that do not exceed 10 million dollars
involving a product, service, or service provider or negotiations
regarding such decisions;
(2) communicate as an employee of a vendor of a product or
service to a member of the executive branch concerning state
agency purchasing decisions that exceed 10 million dollars
involving a product, service, or service provider or negotiations
regarding such decisions if the compensation for the
communication is not totally or partially contingent on the
outcome of any administrative action;
(3) communicate in a capacity other than as an employee of a
vendor of a product or service to a member of the executive
branch concerning state agency purchasing decisions involving a
product, service, or service provider or negotiations regarding
such decisions if the compensation for the communication is not
totally or partially contingent on the outcome of any
administrative action;
(4) communicate as a member of an advisory committee or task
force if the person is appointed to serve in that capacity by a
member of the legislative or executive branch; or
(5) communicate as a member of a board, task force, or advisory
committee on which a member of the legislative or executive
branch also serves.
(b) A registrant who performs an activity described by
Subsection (a) is not required to:
(1) provide information concerning that activity in the
registrant's registration statement under Section 305.005(f)(4)
or (5)(B);
(2) provide information concerning the person who reimburses,
retains, or employs the registrant to perform that activity under
Section 305.005(f)(3) or (6) unless the registrant performs, on
behalf of that person, other activities that require registration
under this chapter; or
(3) provide information concerning a person employed or retained
by the registrant for the purpose of assisting in that activity
under Section 305.005(f)(5)(A) unless the person is also employed
or retained by the registrant to assist with other activities
that require registration under this chapter. For the purposes of
this chapter, a registrant is not required to list as an
assistant another person who is also registered for the same
client as the registrant.
Added by Acts 2009, 81st Leg., R.S., Ch.
1174, Sec. 3, eff. September 1, 2009.
Sec. 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;
(2) $50 for any person required to register solely because the
person is required to register under Section 305.0041 of this
chapter; or
(3) $500 for any other registrant.
(d) Repealed by Acts 1999, 76th Leg., ch. 62, Sec. 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;
(8) at least $200,000 but less than $250,000;
(9) at least $250,000 but less than $300,000;
(10) at least $300,000 but less than $350,000;
(11) at least $350,000 but less than $400,000;
(12) at least $400,000 but less than $450,000;
(13) at least $450,000 but less than $500,000; and
(14) $500,000 or more.
(g-1) Notwithstanding any other provision of this section,
compensation or reimbursement required to be reported under
Subsection (f)(6) shall be reported as an exact amount if the
compensation or reimbursement received exceeds $500,000.
(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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 432, Sec. 1, eff. Jan. 1,
1988; Acts 1991, 72nd Leg., ch. 304, Sec. 2.05, eff. Jan. 1,
1992; Acts 1995, 74th Leg., ch. 996, Sec. 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1134, Sec. 11, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, Sec. 8.01, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 249, Sec. 4.04, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
899, Sec. 1.01, eff. December 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
725, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1174, Sec. 1, eff. September 1, 2009.
Sec. 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, Sec. 2.05, eff. Jan. 1,
1992.
Sec. 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. This subsection does not apply to a gift of food or
beverages required to be reported under Subsection (b)(4) in
accordance with Section 305.0061(e-1).
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.02, 2.03, eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 432, Sec. 2, eff. Jan.
1, 1988; Acts 1991, 72nd Leg., ch. 304, Sec. 2.06, eff. Jan. 1,
1992; Acts 1995, 74th Leg., ch. 996, Sec. 2, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 249, Sec. 4.05, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
206, Sec. 1, eff. September 1, 2005.
Sec. 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).
(e-1) If a registrant or a person on the registrant's behalf and
with the registrant's consent or ratification makes an
expenditure for food or beverages with a value of $50 or less
intended as a gift for a member of the legislative or executive
branch and delivered by first-class United States mail or by
common or contract carrier outside the Capitol Complex, the
expenditure is considered to be a gift and should be reported
under Section 305.006(b)(4).
(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, Sec. 2.07, eff. Jan. 1,
1992. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 4.06, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
206, Sec. 2, eff. September 1, 2005.
Sec. 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;
(7) guests, when invited by an individual described by
Subdivision (1), (2), (3), (4), or (5); and
(8) 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)(8) and not under any other
subdivision of that subsection or any other provision of this
chapter.
Added by Acts 1991, 72nd Leg., ch. 304, Sec. 2.08, eff. Jan. 1,
1992. Amended by Acts 1995, 74th Leg., ch. 996, Sec. 3, eff.
Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
92, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.003, eff. September 1, 2007.
Sec. 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, Sec. 2.09, eff. Jan. 1,
1992.
Sec. 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.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 4.07, eff. Sept. 1,
2003.
Sec. 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. Subject to Section
305.0071, 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.10, eff. Jan. 1,
1992.
Amended by:
Acts 2005, 79th Leg., Ch.
206, Sec. 3, eff. September 1, 2005.
Sec. 305.0071. INCLUSION OF EXPENDITURE IN REPORT. (a) Except
as provided by this section:
(1) an expenditure is not required to be included in a report
under Section 305.006 for a month before the month in which the
amount is readily determinable by the person making the
expenditure; and
(2) an expenditure is not required to be included in a report
under Section 305.0063 for a calendar year before the year in
which the amount is readily determinable by the person making the
expenditure.
(b) An expenditure that is of a character for which, under
normal business practice, the amount is not disclosed until
receipt of a periodic bill must be included in the report for the
reporting period in which the bill is received.
(c) The amount of an expenditure made by credit card must be
included in the report for the reporting period in which:
(1) the expenditure is made; or
(2) the person receives the credit card statement that includes
the expenditure.
Added by Acts 2005, 79th Leg., Ch.
206, Sec. 4, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.23, eff. Aug.
30, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.11, eff. Jan. 1,
1992; Acts 1993, 73rd Leg., ch. 107, Sec. 3.24, eff. Aug. 30,
1993.
Sec. 305.010. TIMELINESS OF FILING REGISTRATIONS AND REPORTS.
(a) 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.
(b) A registration or report filed by means of electronic
transfer is timely if it is received by the commission not later
than midnight on the last day permitted under this chapter for
filing the report or registration.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.04(a), eff. Sept.
1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
472, Sec. 4, eff. September 1, 2007.
Sec. 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, Sec. 2.12, eff. Jan. 1,
1992. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.25, eff.
Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(40), eff.
Sept. 1, 1995.
SUBCHAPTER B. PROHIBITED ACTIVITIES
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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 chapter:
(1) A sales commission payable to an employee of a vendor of a
product or service is not considered compensation contingent on
the outcome of administrative action if the amount of the state
agency purchasing decision does not exceed 10 million dollars.
(2) A quarterly or annual compensation performance bonus payable
to an employee of a vendor of a product or service is not
considered compensation contingent on the outcome of
administrative action.
(c-1) For purposes of this chapter, a sales commission or other
such fee payable to an independent contractor of a vendor of a
product or service is not considered compensation contingent on
the outcome of an administrative action if:
(1) the independent contractor is a registrant who reports the
vendor as a client under this chapter;
(2) the independent contractor reports the full amount of the
commission or fee in the manner required by commission rule; and
(3) the amount of the state agency purchasing decision does not
exceed 10 million dollars.
(c-2) For purposes of this chapter, a commission or fee paid to
a person by a state agency is not considered compensation
contingent on the outcome of an administrative action if the
person paid a commission or a fee by a state agency:
(1) is a registrant who reports the state agency as a client
under this chapter; and
(2) reports the full amount of the commission or fee in the
manner required by commission rule.
(c-3) If the amount of compensation or fee is not known at the
time of the disclosure required under Subsection (c-1), the
registrant must disclose:
(1) a reasonable estimate of the maximum amount of the
compensation or fee;
(2) the method under which the compensation or fee will be
computed; and
(3) such other factors as may be required by the commission by
rule.
(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.
(e) For purposes of this section, the term "employee" means a
person employed full-time by an employer to perform services for
compensation. The term does not include an independent contractor
or consultant.
(f) The provisions of this chapter shall not be applicable to a
transaction for the sale, lease, or services provided in
connection with the sale or lease of any real properties or real
properties interest owned or managed by the permanent school fund
or General Land Office.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.13, eff. Jan. 1,
1992.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1174, Sec. 4, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 305.024. RESTRICTIONS ON EXPENDITURES.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.
92, Sec. 2
(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:
(1) to an individual described by Section 305.0062(a)(1), (2),
(3), (4), or (5):
(A) a loan, including the guarantee or endorsement of a loan; or
(B) a gift of cash or a negotiable instrument as described by
Section 3.104, Business & Commerce Code; or
(2) to an individual described by Section 305.0062(a)(1), (2),
(3), (4), (5), (6), or (7):
(A) an expenditure for transportation and lodging;
(B) an expenditure or series of expenditures for entertainment
that in the aggregate exceed $500 in a calendar year;
(C) an expenditure or series of expenditures for gifts that in
the aggregate exceed $500 in a calendar year;
(D) an expenditure for an award or memento that exceeds $500; or
(E) an expenditure described by Section 305.006(b)(1), (2), (3),
or (6) unless the registrant is present at the event.
Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch.
206, Sec. 5
(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:
(A) the registrant is present at the event; or
(B) the expenditure is for a gift of food or beverages required
to be reported under Section 305.006(b)(4) in accordance with
Section 305.0061(e-1).
(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).
(c) Notwithstanding Subsection (a), the total value of a joint
expenditure under Subsection (a)(2)(B), (C), or (D) may exceed
$500 if each portion of the expenditure:
(1) is made by a registrant; and
(2) does not exceed $500.
Added by Acts 1991, 72nd Leg., ch. 304, Sec. 2.14(a), eff. Jan.
1, 1992.
Amended by:
Acts 2005, 79th Leg., Ch.
92, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
206, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1253, Sec. 2, eff. September 1, 2007.
Sec. 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, including attendance at informational
conferences or an event described by Subdivision (4), but not
including attendance at merely ceremonial events or pleasure
trips;
(4) necessary expenditures for transportation, lodging, food and
beverages, and entertainment 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, Sec. 2.14(a), eff. Jan.
1, 1992. Amended by Acts 1995, 74th Leg., ch. 996, Sec. 4, eff.
Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
92, Sec. 3, eff. September 1, 2005.
Sec. 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, Sec. 2.14(a), eff. Jan.
1, 1992. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.26,
eff. Aug. 30, 1993.
Sec. 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, Sec. 2.14(a), eff. Jan.
1, 1992.
Sec. 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) or (c-1), 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.
(c-1) A registrant may represent a client in the circumstances
described in Subsection (b) without regard to whether the
registrant reasonably believes the representation of each client
will be materially affected if:
(1) the registrant provides the written notice to each affected
client as described by Subsection (c)(2) and files the statement
described by Subsection (c)(3); and
(2) after the registrant has provided the written notice
described by Subsection (c)(2), each affected client of the
registrant consents to the conflict and grants the registrant
permission to continue the representation.
(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) Repealed by Acts 2005, 79th Leg., Ch. 218, Sec. 3, eff.
September 1, 2005.
(j) A statement filed under Subsection (c) is not public
information.
(k) The commission may adopt rules to implement this section
consistent with this chapter, the Texas Disciplinary Rules of
Professional Conduct, and the common law of agency.
Added by Acts 2001, 77th Leg., ch. 1013, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 249, Sec. 4.08, 4.12,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1322, Sec. 1, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
218, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
218, Sec. 3, eff. September 1, 2005.
SUBCHAPTER C. SANCTIONS
Sec. 305.031. CRIMINAL PENALTIES. (a) A person commits an
offense if the person intentionally or knowingly violates a
provision of this c