HB2691 - Relating to prohibitions on lobbyists making certain expenditures and gifts to public servants.

  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.