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     TEXAS ETHICS COMMISSION

Chapter 2004, Government Code

Representation Before State Agencies

Effective September 1, 1997
(Revised 08/25/1997)


§ 2004.001. Definitions

§ 2004.002. Registration

§ 2004.003. Exemptions From Registration

§ 2004.004. Reporting and Filing of Registrations

§ 2004.005. Penalty


CHAPTER 2004. REPRESENTATION BEFORE STATE AGENCIES

§ 2004.001. Definitions

In this chapter:

(1) "Individual" includes a member of the legislature, any other state officer, and a state employee.

(2) "State agency" means an office, department, commission, or board of the executive branch of state government.

§ 2004.002. Registration

(a) An individual who appears before a state agency or contacts in person an officer or employee of a state agency on behalf of an individual, firm, partnership, corporation, or association about a matter before that agency shall register with the state agency:

(1) the name and address of the registrant;

(2) the name and address of the person on whose behalf the appearance or contact is made; and

(3) a statement on whether the registrant has received or expects to receive any money, thing of value, or financial benefit for the appearance or contact.

(b) Each state agency shall provide for recording the registration in a record and shall maintain the record.

§ 2004.003. Exemptions From Registration

An individual is not required to register under Section 2004.002 because of:

(1) the individual’s appearance or contact on an interagency matter if the individual is an officer or employee of the state agency; or

(2) a contact by the individual with the state agency or an officer or employee of the agency if the contact:

(A) is solely for obtaining information and an attempt is not made to influence the action of an officer or employee of the agency;

(B) consists of making an appearance and participating at a public hearing;

(C) is made in a matter in which a pleading or other instrument that discloses the individual’s representation is on file with the agency; or

(D) is one for which the individual does not receive compensation or any thing of value.

§ 2004.004. Reporting and Filing of Registrations

(a) A state agency shall prepare a report that includes the information from all registrations filed with the agency in a calendar quarter.

(b) The agency shall file the report with the Texas Ethics Commission not later than the 10th day of the month after the end of the calendar quarter for which the report was prepared.

(c) The Texas Ethics Commission shall index each report and keep the report on file for four years after the date the report is filed.

§ 2004.005. Penalty

(a) An individual commits an offense if the individual does not register as required by this chapter.

(b) An offense under this chapter is a misdemeanor punishable by:

(1) a fine of not more than $500;

(2) confinement in jail for a term not to exceed six months; or

(3) both the fine and imprisonment.

 

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