Eckhardt Bill Caps Lobbyist Gifts At $500, Starting 2027

The text as introduced · 1,112 words

89R4304 MZM-F

By: Eckhardt
S.B. No. 344

A BILL TO BE ENTITLED

AN ACT

relating to the content of detailed reports filed by lobbyists and

to monetary limits on expenditures by lobbyists.

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

SECTION 1. Section 305.0061, Government Code, is amended by

amending Subsections (a), (b), and (c) and adding Subsections (h)

and (i) to read as follows:

(a) If a registrant or a person on the registrant's behalf

and with the registrant's consent or ratification makes

expenditures that exceed 30 [ 60 ] percent of the amount of the

legislative per diem in a day for transportation or lodging for a

member of the legislative or executive branch or for the immediate

family of a member of the legislative or executive branch , the

registrant shall also state the following on the report filed under

Section 305.006:

(1) the name of the member of the legislative or

executive branch in whose behalf the expenditure is made;

(2) the place and date of the transportation or

lodging; and

(3) the purpose of the transportation or lodging.

(b) If a registrant or a person on the registrant's behalf

and with the registrant's consent or ratification makes

expenditures that exceed 30 [ 60 ] percent of the amount of the

legislative per diem in a day for food and beverages for a member of

the legislative or executive branch or for the immediate family of a

member of the legislative or executive branch or makes expenditures

that exceed 30 [ 60 ] percent of the amount of the legislative per

diem in a day for entertainment for a member of the legislative or

executive branch or for the immediate family of a member of the

legislative or executive branch, the registrant shall also state

the following on the report filed under Section 305.006:

(1) the name of the member of the legislative or

executive branch in whose behalf the expenditure is made;

(2) the place and date of the expenditure; and

(3) the amount of the expenditure by the appropriate

category of the amount, as determined by the commission.

(c) If a registrant or a person on the registrant's behalf

and with the registrant's consent or ratification gives to a member

of the legislative or executive branch , or to the immediate family

of a member of the legislative or executive branch, a gift or an

award or memento, the value of which exceeds $50 per gift, award, or

memento, the registrant shall also state the following on the

report filed under Section 305.006:

(1) the name of the member of the legislative or

executive branch in whose behalf the expenditure is made;

(2) a general description of the gift, award, or

memento; and

(3) the amount of the expenditure by the appropriate

category of the amount, as determined by the commission.

(h) If more than one registrant or persons acting on behalf

of more than one registrant and with each registrant's consent or

ratification collaborate to make a joint expenditure described by

Section 305.006(b), each registrant shall report the total amount

of the shared expenditure as required by Subsection (a) or (b), if

the total amount of the shared expenditure exceeds the amount

provided under Subsection (a) or (b).

(i) If more than one registrant or persons acting on behalf

of more than one registrant and with each registrant's consent or

ratification collaborate to make a joint expenditure described by

Section 305.006(b), each registrant shall report the total value of

the shared expenditure as required by Subsection (c), if the total

value of the shared expenditure exceeds the amount provided under

Subsection (c).

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) an expenditure or series of expenditures for

entertainment that in the aggregate exceed $500 in a calendar year;

(C) 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 $500; or

(E) an expenditure described by Section

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

(i) [ (A) ] the registrant is present at the

event; or

(ii) [ (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 305.024, Government Code, is amended by

adding Subsection (d) to read as follows:

(d) The registrant shall notify a member of the legislative

or executive branch when the registrant has reported, as to that

member of the legislative or executive branch, expenditures that,

in the aggregate, equal the monetary limits for expenditures under

Subsection (a)(2).

SECTION 4. Section 305.031(a), Government Code, is amended

to read as follows:

(a) A person commits an offense if the person intentionally

or knowingly violates a provision of this chapter other than

Section 305.022 , 305.024(d), or 305.028. An offense under this

subsection is a Class A misdemeanor.

SECTION 5. Section 305.024(c), Government Code, is

repealed.

SECTION 6. The changes in law made by this Act apply only to

a gift, award, or memento given to or expenditures for

transportation, lodging, food, beverages, or entertainment made

for a member of the legislative or executive branch or the immediate

family of a member of the legislative or executive branch on or

after the effective date of this Act. A gift, award, or memento

given to or an expenditure for transportation, lodging, food,

beverages, or entertainment made for a member of the legislative or

executive branch or the immediate family of a member of the

legislative or executive branch before the effective date of this

Act is governed by the law in effect on the date the gift, award, or

memento was given, or the date the expenditure was made, and the

former law is continued in effect for that purpose.

SECTION 7. This Act takes effect January 12, 2027.