King Bill Makes Lobbying For Designated Countries A Third-Degree Felony

The text as introduced · 1,015 words

By: King
H.B. No. 2527

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting lobbyists from representing certain aliens

or foreign entities, providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 305.002, Government Code, is amended to

read as follows:

Sec. 305.002 DEFINITIONS. In this chapter:

(1) "Administrative action" means rulemaking, licensing, or

any other matter that may be the subject of action by a state agency

or executive branch office, including a matter relating to the

purchase of products or services by the agency or office. The term

includes the proposal, consideration, or approval of the matter or

negotiations concerning the matter.

(2) "Communicates directly with" or any variation of the

phrase means contact in person or by telephone, telegraph, letter,

facsimile, electronic mail, or other electronic means of

communication.

(2-a) "Communicates directly with a member of the

legislative or executive branch to influence legislation or

administrative action" 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.

(3) "Compensation" means money, service, facility, or other

thing of value or financial benefit that is received or is to be

received in return for or in connection with services rendered or to

be rendered.

(4) "Member of the executive branch" means an officer,

officer-elect, candidate for, or employee of any state agency,

department, or office in the executive branch of state government.

(5) "Expenditure" means a payment, distribution, loan,

advance, reimbursement, deposit, or gift of money or any thing of

value and includes a contract, promise, or agreement, whether or

not legally enforceable, to make an expenditure.

(6) "Legislation" means:

(A) a bill, resolution, amendment, nomination, or other

matter pending in either house of the legislature;

(B) any matter that is or may be the subject of action by

either house or by a legislative committee, including the

introduction, consideration, passage, defeat, approval, or veto of

the matter; or

(C) any matter pending in a constitutional convention or

that may be the subject of action by a constitutional convention.

(7) "Member of the legislative branch" means a member,

member-elect, candidate for, or officer of the legislature or of a

legislative committee, or an employee of the legislature.

(8) "Person" means an individual, corporation, association,

firm, partnership, committee, club, organization, or group of

persons who are voluntarily acting in concert.

(9) "Registrant" means a person required to register under

Section 305.003.

(10) "Commission" means the Texas Ethics Commission.

(11) "Immediate family" means a spouse or dependent child.

(12) "Client" means a person or entity for which the

registrant is registered or is required to be registered.

(13) "Matter" means the subject matters for which a

registrant has been reimbursed, retained, or employed by a client

to communicate directly with a member of the legislative or

executive branch.

(14) "Person associated with the registrant" or "other

associated person" means a partner or other person professionally

associated with the registrant through a common business entity,

other than a client, that reimburses, retains, or employs the

registrant.

(15) "Designated country" means a country identified by the

United States Director of National Intelligence as a country that

poses a risk to the national security of the United States in each

of the three most recent Annual Threat Assessments of the U.S.

Intelligence Community issued pursuant to Section 108B, National

Security Act of 1947 (50 U.S.C. Section 3043b).

(16) "Governing authority," "governing person," and

"organization" have the meanings assigned by Section 1.002,

Business Organizations Code.

SECTION 2. Subchapter B, Chapter 305, Government Code, is

amended by adding Section 305.030 to read as follows:

Sec. 305.030. PROHIBITED REPRESENTATION. A person required

to register pursuant to Section 305.003 may not knowingly or

willingly register on behalf of:

(1) a governmental entity of a designated country;

(2) an organization that is:

(A) headquartered in a designated country;

(B) directly or indirectly under the control of the

government of a designated country; or

(C) owned by or under the control of one or more

individuals who are domiciled in a designated country;

(3) an organization that is owned by or under the control of

an organization described by Subdivision (2); or

(4) an individual who is domiciled in a designated country.

Sec. 305.0301. ORGANIZATION UNDER CONTROL OF INDIVIDUAL OR

ANOTHER ORGANIZATION. (a) For purposes of this subchapter, an

organization is under the control of an individual or another

organization if the controlling individual or organization is

authorized to:

(1) direct the activities of the controlled

organization;

(2) make or direct others to make legal commitments on

behalf of the controlled organization; or

(3) hire and fire a principal decision maker of the

controlled organization.

(b) The authority of the controlling individual or

organization under Subsection (a) may derive from:

(1) exercise of a voting ownership interest of the

controlled organization sufficient to elect a governing person or

governing authority of the controlled organization to exercise on

the controlling individual's or organization's behalf the authority

described by Subsection (a); or

(2) a financial, legal, practical, contractual, or

other arrangement that functionally enables the controlling

individual or organization to exercise the authority described by

Subsection (a).

SECTION 3. Section 305.031(b), Government Code is

amended to read as follows:

Sec. 305.031. CRIMINAL PENALTIES. (a) A person

commits an offense if the person intentionally or knowingly

violates a provision of this chapter other than Section 305.022 or

305.028. An offense under this subsection is a Class A misdemeanor.

(b) A person commits an offense if the person

intentionally or knowingly violates Section 305.022 or 305.030 . An

offense under this subsection is a felony of the third degree.

(c) Repealed by Acts 2003, 78th Leg., ch. 249, Sec.

4.12 and Acts 2003, 78th Leg., ch. 1322, Sec. 2.

(d) This chapter does not affect the criminal

responsibility of a person under the state laws relating to

perjury.

(e) This section does not prohibit the commission from

imposing a civil penalty for a violation.

SECTION 4. This Act takes effect September 1, 2025.