83R4474 EES-D
	By: Howard	H.B. No. 905

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain activities by, employment of, and contracts of
	former members of the legislature; creating offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 572.002, Government Code, is amended by
	adding Subdivision (5-a) to read as follows:
	(5-a) "Legislative committee" means:
	(A)  a standing or select committee of either
	house of the legislature; or
	(B)  a committee that includes members of both
	houses of the legislature, including a joint committee, conference
	committee, or select committee, regardless of whether the committee
	includes persons who are not members of the legislature.
	SECTION 2.  Subchapter C, Chapter 572, Government Code, is
	amended by adding Sections 572.063 through 572.067 to read as
	follows:
	Sec. 572.063.  FORMER LEGISLATOR: LOBBYING RESTRICTED;
	CRIMINAL OFFENSE.  (a)  In this section, "administrative action,"
	"communicates directly with," "legislation," "member of the
	executive branch," and "member of the legislative branch" have the
	meanings assigned by Section 305.002.
	(b)  Except as provided by Subsection (c), a former member of
	the legislature may not, before the second anniversary of the date
	the last term for which the former member was elected ends, engage
	in activities that require registration under Chapter 305.
	(c)  Subsection (b) does not apply to a former member who:
	(1)  communicates directly with a member of the
	legislative or executive branch only to influence legislation or
	administrative action on behalf of:
	(A)  a nonprofit organization;
	(B)  an individual;
	(C)  a group of low-income individuals; or
	(D)  a group of individuals with disabilities; and
	(2)  does not receive compensation other than
	reimbursement for actual expenses for engaging in communication
	described by Subdivision (1).
	(d)  To the extent of a conflict between this section and
	Section 572.064, this section controls.
	(e)  A former member who violates this section commits an
	offense. An offense under this section is a Class A misdemeanor.
	Sec. 572.064.  FORMER LEGISLATOR: REPRESENTATION OF CLIENTS
	RESTRICTED; CRIMINAL OFFENSE.  (a)  Except as provided by
	Subsection (b), a former member of the legislature may not, before
	the first anniversary of the date the last term for which the former
	member was elected ends, represent a client before a governmental
	entity with regard to a matter that was within the jurisdiction of a
	legislative committee on which the former member served during any
	part of the two years preceding the date the former member left
	office.
	(b)  Subsection (a) does not apply to a former member's
	representation of a client that:
	(1)  began before the former member was first elected
	to the legislature; and
	(2)  continued throughout the former member's service
	in the legislature.
	(c)  A former member of the legislature who violates this
	section commits an offense. An offense under this section is a Class
	A misdemeanor.
	Sec. 572.065.  FORMER LEGISLATOR: ELECTION OR APPOINTMENT TO
	OR EMPLOYMENT BY STATE DEPARTMENT, COMMISSION, BOARD, OR AGENCY;
	CRIMINAL OFFENSE.  (a)  Except as provided by Subsection (b), a
	former member of the legislature may not, before the second
	anniversary of the date the last term for which the member was
	elected ends, be:
	(1)  appointed to or employed by a department,
	commission, board, or other agency in the legislative, executive,
	or judicial branch of state government; or
	(2)  nominated, elected, or appointed to a public
	office that was created or for which the salary was increased during
	the former member's last term.
	(b)  Subsection (a) does not apply to an office for which the
	constitution prescribes the qualifications for holding office.
	(c)  A former member who violates this section commits an
	offense. An offense under this section is a Class A misdemeanor.
	Sec. 572.066.  FORMER LEGISLATOR: EMPLOYMENT BY REGULATED
	ENTITY RESTRICTED; CRIMINAL OFFENSE. (a)  A former member of the
	legislature may not, before the second anniversary of the date the
	last term for which the former member was elected ends, be employed
	by an entity that is regulated by a department, commission, board,
	or other agency in the legislative, executive, or judicial branch
	of state government regarding a matter that was within the
	jurisdiction of a legislative committee on which the former member
	served during any part of the two years preceding the date the
	former member left office.
	(b)  A former member who violates this section commits an
	offense. An offense under this section is a Class A misdemeanor.
	Sec. 572.067.  FORMER LEGISLATOR: CONTRACTS WITH STATE
	RESTRICTED; CRIMINAL OFFENSE.  (a)  A former member of the
	legislature may not, before the second anniversary of the date the
	last term for which the member was elected ends, have an interest in
	a contract with a department, commission, board, or other agency in
	the legislative, executive, or judicial branch of state government
	if, during the last term for which the former member was elected,
	the legislature enacted a statute that:
	(1)  authorizes the contract; or
	(2)  appropriates money to pay the contract.
	(b)  A former member who violates this section commits an
	offense. An offense under this section is a Class A misdemeanor.
	SECTION 3.  Sections 572.063 through 572.067, Government
	Code, as added by this Act, apply only to a member of the
	legislature who ceases to be a member on or after the effective date
	of this Act.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.