CHAPTER 305. REGISTRATION OF LOBBYISTS

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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;

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

(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

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.

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

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.

(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.

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.

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.

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

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.

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.

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.

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.

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.

(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;

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).

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;

(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.

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).

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

(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.

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-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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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