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H.B. No. 1508
AN ACT
relating to reporting of expenditures by persons registered as
lobbyists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 305.006(f), Government Code, is amended
to read as follows:
(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).
SECTION 2. Section 305.0061, Government Code, is amended by
adding Subsection (e-1) to read as follows:
(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).
SECTION 3. Section 305.007(a), Government Code, is amended
to read as follows:
(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 [The] report must cover the activities
occurring during the previous month.
SECTION 4. Subchapter A, Chapter 305, Government Code, is
amended by adding Section 305.0071 to read as follows:
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.
SECTION 5. Section 305.024(a), Government Code, is amended
to read as follows:
(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).
SECTION 6. Sections 305.0061 and 305.007, Government Code,
as amended by this Act, and Section 305.0071, Government Code, as
added by this Act, apply only to a report required to be filed under
Section 305.006 or 305.0063, Government Code, on or after September
1, 2005. A report required to be filed under Section 305.006 or
305.0063, Government Code, before September 1, 2005, is governed by
the law in effect at the time the report is required to be filed, and
the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1508 was passed by the House on April
29, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1508 was passed by the Senate on May
13, 2005, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor