HB 2691
AN ACT relating to prohibitions on lobbyists making certain expenditures
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies restrictions on lobbyists' expenditures for public officials, prohibiting them from offering cash gifts, loans, or entertainment expenses that exceed $500 in a calendar year to specific government individuals. The legislation updates existing legal codes to clarify what types of gifts, contributions, and expenditures are permissible when interacting with public servants, aiming to reduce potential conflicts of interest and undue influence in government. These changes will impact lobbyists, registered governmental representatives, and public officials by creating more stringent guidelines around financial interactions and gifts.
Subject Areas
Bill Text
relating to prohibitions on lobbyists making certain expenditures BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 36.10(a), Penal Code, is amended to read (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 (4) a political contribution as defined by Title 15, (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, (6) [(7)] an item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated (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; (B) through a program or clinic that is: (i) operated by a local bar association or (ii) approved by the head of the agency employing the public servant, if the public servant is employed by 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 (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 (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 (B) a [an expenditure or] series of expenditures for entertainment that in the aggregate exceed $500 in a calendar (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 (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 (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 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 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.
Expert Lobbyists for This Bill
These lobbyists specialize in Ethics and related subject areas.
Brianna M. Menard
Robert D. Miller
Haley Cornyn
Allen E. Blakemore
Michael J. Johnson
Vera Denise Rose
Gavin L. Massingill
Fred Shannon
Sarah Hicks
Matthew Bentley
Bill History
Bill filed: AN ACT relating to prohibitions on lobbyists making certain expenditures
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