bill cutting lobbyist memento cap from $500 to $50

The text as introduced · 1,000 words

89R9238 CJD-D

By: Harrison
H.B. No. 2691

A BILL TO BE ENTITLED

AN ACT

relating to prohibitions on lobbyists making certain expenditures

and gifts to public servants.

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

SECTION 1. Section 36.10(a), Penal Code, is amended to read

as follows:

(a) Sections 36.08 (Gift to Public Servant) and 36.09

(Offering Gift to Public Servant) do not apply to:

(1) a fee prescribed by law to be received by a public

servant or any other benefit to which the public servant is lawfully

entitled or for which he gives legitimate consideration in a

capacity other than as a public servant;

(2) a gift or other benefit conferred on account of

kinship or a personal, professional, or business relationship

independent of the official status of the recipient;

(3) a benefit to a public servant required to file a

statement under Chapter 572, Government Code, or a report under

Title 15, Election Code, that is derived from a function in honor or

appreciation of the recipient if:

(A) the benefit and the source of any benefit in

excess of $50 is reported in the statement; and

(B) the benefit is used solely to defray the

expenses that accrue in the performance of duties or activities in

connection with the office which are nonreimbursable by the state

or political subdivision;

(4) a political contribution as defined by Title 15,

Election Code;

(5) [ a gift, award, or memento to a member of the

legislative or executive branch that is required to be reported

under Chapter 305, Government Code;

[ (6) ] an item with a value of less than $50, excluding

cash or a negotiable instrument as described by Section 3.104,

Business & Commerce Code;

(6) [ (7) ] an item issued by a governmental entity that

allows the use of property or facilities owned, leased, or operated

by the governmental entity;

(7) [ (8) ] transportation, lodging, and meals

described by Section 36.07(b); or

(8) [ (9) ] complimentary legal advice or legal

services relating to a will, power of attorney, advance directive,

or other estate planning document rendered:

(A) to a public servant who is a first responder;

and

(B) through a program or clinic that is:

(i) operated by a local bar association or

the State Bar of Texas; and

(ii) approved by the head of the agency

employing the public servant, if the public servant is employed by

an agency.

SECTION 2. Section 305.024(a), Government Code, as amended

by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th

Legislature, Regular Session, 2005, is reenacted and amended to

read as follows:

(a) Except as provided by Section 305.025, a person

registered under Section 305.005 or a person on the registrant's

behalf and with the registrant's consent or ratification may not

offer, confer, or agree to confer:

(1) to an individual described by Section

305.0062(a)(1), (2), (3), (4), or (5):

(A) a loan, including the guarantee or

endorsement of a loan; or

(B) a gift of cash or a negotiable instrument as

described by Section 3.104, Business & Commerce Code; or

(2) to an individual described by Section

305.0062(a)(1), (2), (3), (4), (5), (6), or (7):

(A) an expenditure for transportation and

lodging;

(B) a [ an expenditure or ] series of expenditures

for entertainment that in the aggregate exceed $500 in a calendar

year;

(C) a [ an expenditure or ] series of expenditures

for gifts that in the aggregate exceed $500 in a calendar year;

(D) an expenditure for an award or memento that

exceeds $50 [ $500 ]; or

(E) an expenditure described by Section

305.006(b)(2) [ 305.006(b)(1), (2), (3), ] or (6) , unless[ :

[ (A) ] the expenditure does not exceed $50

[ registrant is present at the event; or

[ (B) the expenditure is for a gift of food

or beverages required to be reported under Section 305.006(b)(4) in

accordance with Section 305.0061(e-1) ].

SECTION 3. Section 571.064(b), Government Code, is amended

to read as follows:

(b) If a law , other than a law providing an expenditure

limit for a person required to register under Chapter 305,

administered and enforced by the commission sets dollar amounts or

categories of amounts as reporting thresholds or if the commission

sets those amounts, the commission annually shall adjust those

thresholds upward to the nearest multiple of $10 in accordance with

the percentage increase for the previous year in the Consumer Price

Index for Urban Consumers published by the Bureau of Labor

Statistics of the United States Department of Labor.

SECTION 4. Section 36.10, Penal Code, as amended by this

Act, applies only to an offense committed on or after the effective

date of this Act. An offense committed before the effective date of

this Act is governed by the law in effect on the date the offense was

committed, and the former law is continued in effect for that

purpose. For purposes of this section, an offense was committed

before the effective date of this Act if any element of the offense

occurred before that date.

SECTION 5. Section 305.024, Government Code, as amended by

this Act, applies only to an expenditure made on or after the

effective date of this Act. An expenditure made before the

effective date of this Act is governed by the law in effect on the

date the expenditure was made, and the former law is continued in

effect for that purpose.

SECTION 6. Section 571.064(b), Government Code, as amended

by this Act, applies to an adjustment made by the Texas Ethics

Commission under that subsection before the effective date of this

Act. The commission shall adopt rules as necessary to reverse each

adjustment made under that subsection before the effective date of

this Act that would not have been made if the change in law made by

this Act had been in effect at the time of the adjustment.

SECTION 7. This Act takes effect September 1, 2025.