CHAPTER 2004. REPRESENTATION BEFORE STATE AGENCIES - Texas Statutes

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE

CHAPTER 2004. REPRESENTATION BEFORE STATE AGENCIES

Sec. 2004.001. DEFINITIONS. In this chapter:

(1) "Individual" includes a member of the legislature, any other

state officer, and a state employee.

(2) "State agency" means an office, department, commission, or

board of the executive branch of state government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2004.002. REGISTRATION. (a) An individual who appears

before a state agency or contacts in person an officer or

employee of a state agency on behalf of an individual, firm,

partnership, corporation, or association about a matter before

that agency shall register with the state agency:

(1) the name and address of the registrant;

(2) the name and address of the person on whose behalf the

appearance or contact is made; and

(3) a statement on whether the registrant has received or

expects to receive any money, thing of value, or financial

benefit for the appearance or contact.

(b) Each state agency shall provide for recording the

registration in a record and shall maintain the record.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2004.003. EXEMPTIONS FROM REGISTRATION. An individual is

not required to register under Section 2004.002 because of:

(1) the individual's appearance or contact on an interagency

matter if the individual is an officer or employee of the state

agency; or

(2) a contact by the individual with the state agency or an

officer or employee of the agency if the contact:

(A) is solely for obtaining information and an attempt is not

made to influence the action of an officer or employee of the

agency;

(B) consists of making an appearance and participating at a

public hearing;

(C) is made in a matter in which a pleading or other instrument

that discloses the individual's representation is on file with

the agency; or

(D) is one for which the individual does not receive

compensation or any thing of value.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2004.004. REPORTING AND FILING OF REGISTRATIONS. (a) A

state agency shall prepare a report that includes the information

from all registrations filed with the agency in a calendar

quarter.

(b) The agency shall file the report with the Texas Ethics

Commission not later than the 10th day of the month after the end

of the calendar quarter for which the report was prepared.

(c) The Texas Ethics Commission shall index each report and keep

the report on file for four years after the date the report is

filed.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 506, Sec. 1, eff.

Sept. 1, 1997.

Sec. 2004.005. PENALTY. (a) An individual commits an offense

if the individual does not register as required by this chapter.

(b) An offense under this chapter is a misdemeanor punishable

by:

(1) a fine of not more than $500;

(2) confinement in jail for a term not to exceed six months; or

(3) both the fine and imprisonment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.