H.B. No. 2202
relating to prohibited conflicts of interest of registered
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 305.028, Government Code, is amended by
amending Subsection (b) and adding Subsections (c-1) and (k) to
read as follows:
(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
(A) another client of the registrant;
(B) an employer or concern employing the
(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-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.
(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.
SECTION 2. Section 305.031(a), Government Code, is amended
to read as follows:
(a) A person commits an offense if the person intentionally
or knowingly violates a provision of this chapter other than
305.0011, 305.012,] 305.022[ ,] or 305.028. An offense
under this subsection is a Class A misdemeanor.
SECTION 3. Sections 305.0011 and 305.028(i), Government
Code, are repealed.
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2202 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. 2202 was passed by the Senate on May
16, 2005, by the following vote: Yeas 30, Nays 0.
Secretary of the Senate