LOBBY
84th Legislative Session



HB 3512Lobby Communications and Registration

Adds Government Code §§ 305.002(2-a), 305.003(b-3) and (b-4)

HB 3512 adds a definition of "communicates directly with a member of the legislative or executive branch to influence legislation or administrative action" to clarify that the phrase or any variation of the phrase includes establishing goodwill with the member for the purpose of later communicating with the member to influence legislation or administrative action. This codifies the longstanding position of the Commission regarding lobby communications to establish and maintain goodwill.

HB 3512 also adds an exemption from the requirement to register as a lobbyist for a person who exceeds the compensation and reimbursement threshold if the person spends not more than 26 hours, or another amount of time determined by the Commission, for which the person is compensated or reimbursed during the calendar quarter to engage in activity, including preparatory activity as defined by the Commission, to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action. The bill also clarifies that if a person spends more than eight hours in a single day engaged in lobby communications, the person is considered to have engaged in the activity for only eight hours during that day for purposes of calculating the amount of time. The bill applies only to a lobby registration or registration renewal required on or after September 1, 2015.   Effective 09/01/15.


HB 3517Contingency Fees and Independent Contractors

Amends Government Code § 305.0041(a)
Repeals Government Code § 305.022(c-1) and (c-3)

HB 3517 applies to independent contractors and persons other than employees of a vendor of a product or service. HB 3517 deletes the exemption from registering as a lobbyist for a person who exceeds the compensation and reimbursement threshold to communicate in a capacity other than as an employee of a vendor of a product or service to a member of the executive branch concerning state agency purchasing decisions or negotiations when the compensation is not contingent on the outcome of any administrative action. Such persons may be required to register as a lobbyist if they exceed either of the thresholds for compensation and reimbursement or expenditures under chapter 305 of the Government Code. The bill provides that a person who is required to register as a lobbyist solely as a result of the amendment is not required to register before January 1, 2016.

HB 3517 also prohibits sales commissions and other contingent fees paid to an independent contractor of a vendor of a product or service, regardless of whether the independent contractor is a lobby registrant and regardless of the amount of a state agency purchasing decision. As a result of the amendment, contingent compensation for independent contractors is prohibited. Under prior law, a sales commission or other such fee payable to an independent contractor of a vendor of a product or service to communicate directly with a member of the executive branch to influence administrative action was not considered compensation contingent on the outcome of an administrative action if the amount of the state agency purchasing decision did not exceed 10 million dollars and the independent contractor was a lobby registrant who reports the vendor as a client, the amount of the commission or fee, and additional information required by Commission rule.  Effective 09/01/15.


HB 3680Electronic Report Data

Adds Government Code § 571.0671(d)

See HB 3680 under CAMPAIGN FINANCE for bill summary, as related to lobby reports (registrations and lobby activities reports).

 

 

 

 

 

Last Revision: August 21, 2015
Texas.gov | Texas Homeland Security | Statewide Search | Site Policies