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Representation Before State Agencies

A Guide to Chapter 2004, Government Code

Revised October 6, 1997

Certain individuals who appear before state agencies in the executive branch of state government must register with the agency. State agencies must keep records of registrants, and must file reports with the Ethics Commission. Before September 1, 1997, state agencies filed reports with the Office of the Secretary of State.

Who Registers?

An individual who has contact with an officer or employee of a state agency may be required to register with the agency. To determine whether an individual must register, it is necessary to know the answers to the following questions:

If the answer to ALL of these questions is "YES," the individual must register with the agency unless the individual is an officer or employee of another state agency and is making contact on an interagency matter.

If the answer to ANY of these questions is "NO," the individual is not required to register.

Note: If the contact consists of making an appearance and participating at a public hearing, registration is not required.

Is There A Penalty For Not Registering?

An individual who does not register as required by Chapter 2004 of the Government Code commits a misdemeanor punishable by:

What Are The State Agency’s Reporting And Filing Requirements?

There is not a prescribed registration form for all state agencies to use. Each state agency may create its own forms and procedures for recording the registration information. The Texas Ethics Commission has created a form that is available for other state agencies to use.

A state agency must prepare a report for each calendar quarter that includes the information from all registrations filed with the agency during the quarter. The report is filed with the Texas Ethics Commission not later than the 10th day of the month following the end of the calendar quarter.

Period Covered  Report Due Date
January 1 through March 31  April 10
April 1 through June 30  July 10
July 1 through September 30  October 10
October 1 through December 31  January 10

The Texas Ethics Commission is required to index each report and keep the report on file for four years after the date the report is filed.