reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter A. General Provisions; Registration › Section 305.007. Filing Dates for Supplemental Reports

Sec. 305.007.  FILING DATES FOR SUPPLEMENTAL REPORTS.  (a)  The registrant must file the report required by Section 305.006 between the 1st and 10th day of each month. Subject to Section 305.0071, the report must cover the activities occurring during the previous month.
(b)  A person who made expenditures on the registrant's behalf that are required to be reported under Section 305.006 or a person who has other information that is required to be reported by the registrant under this chapter shall provide a full, verified account of the expenditures to the registrant not later than the seventh day before the date on which the registrant's report is due.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.10, eff. Jan. 1, 1992.
Amended by:
Acts 2005, 79th Leg., Ch. 206 (H.B. 1508), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter A. General Provisions; Registration › Section 305.0071. Inclusion of Expenditure in Report

Sec. 305.0071.  INCLUSION OF EXPENDITURE IN REPORT.  (a)  Except as provided by this section:
(1)  an expenditure is not required to be included in a report under Section 305.006 for a month before the month in which the amount is readily determinable by the person making the expenditure; and
(2)  an expenditure is not required to be included in a report under Section 305.0063 for a calendar year before the year in which the amount is readily determinable by the person making the expenditure.
(b)  An expenditure that is of a character for which, under normal business practice, the amount is not disclosed until receipt of a periodic bill must be included in the report for the reporting period in which the bill is received.
(c)  The amount of an expenditure made by credit card must be included in the report for the reporting period in which:
(1)  the expenditure is made; or
(2)  the person receives the credit card statement that includes the expenditure.
Added by Acts 2005, 79th Leg., Ch. 206 (H.B. 1508), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter A. General Provisions; Registration › Section 305.008. Termination Notice

Sec. 305.008.  TERMINATION NOTICE.  (a)  A person who ceases to engage in activities requiring registration under this chapter shall file a written, verified statement with the commission acknowledging the termination of activities.  The notice is effective immediately.
(b)  A person who files a notice of termination under this section must file the reports required by Section 305.006 for any reporting period during which the person was registered.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.23, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter A. General Provisions; Registration › Section 305.009. Maintenance of Reports

Sec. 305.009.  MAINTENANCE OF REPORTS.  (a)  All reports filed under this chapter are public records and shall be made available for public inspection during regular business hours.
(b)  The commission shall:
(1)  design and provide appropriate forms, covering only the items required to be disclosed under this chapter, to be used for the registration and reporting of required information;
(2)  maintain registrations and reports in a separate, alphabetical file;
(3)  remove registrations and reports from the files after five years from the date of filing;  and
(4)  maintain a deputy available to receive registrations and reports and make the registrations and reports available to the public for inspection.
(c)  The commission shall retain a report filed under this chapter for at least four years after the date the report is filed.
(d)  A registrant shall keep any records necessary to the reports required under this chapter for at least four years after the date the report is filed.
(e)  The commission shall make available on its website an amended registration filed under Section 305.0065 not later than the  next business day after the date the amended registration is filed.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.11, eff. Jan. 1, 1992;  Acts 1993, 73rd Leg., ch. 107, Sec. 3.24, eff. Aug. 30, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 836 (H.B. 3409), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter A. General Provisions; Registration › Section 305.010. Timeliness of Filing Registrations and Reports

Sec. 305.010.  TIMELINESS OF FILING REGISTRATIONS AND REPORTS.  (a)  A registration or report filed by first-class United States mail or by common or contract carrier is timely if:
(1)  it is properly addressed with postage or handling charges prepaid;  and
(2)  it bears a post office cancellation mark or a receipt mark from a common or contract carrier indicating a time within the applicable filing period or before the applicable filing deadline or if the person required to file furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that period or before that deadline.
(b)  A registration or report filed by means of electronic transfer is timely if it is received by the commission not later than midnight on the last day permitted under this chapter for filing the report or registration.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.04(a), eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 472 (H.B. 2195), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter A. General Provisions; Registration › Section 305.011. List of Registrants and Employers

Sec. 305.011.  LIST OF REGISTRANTS AND EMPLOYERS.  (a)  Not later than February 1 of each odd-numbered year, the commission shall prepare a list of the names of registrants and shall indicate by each registrant's name each employer or concern employing the registrant.
(b)  In addition to the list required under Subsection (a), the commission shall prepare a list of the names of any employer or concern employing a registrant and shall indicate each registrant compensated by the employer or concern.
(c)  The commission shall send the lists prepared under this section to each member of the legislature.  During a regular legislative session, the commission shall send a monthly update of the lists to each member of the legislature and to any person required to file under Chapter 572, who requests one.
Added by Acts 1991, 72nd Leg., ch. 304, Sec. 2.12, eff. Jan. 1, 1992.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.25, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(40), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter B. Prohibited Activities › Section 305.021. False Communications

Sec. 305.021.  FALSE COMMUNICATIONS.  A person, for the purpose of influencing legislation or administrative action, may not:
(1)  knowingly or wilfully make a false statement or misrepresentation of the facts to a member of the legislative or executive branch;  or
(2)  cause a copy of a document the person knows to contain a false statement to be received by a member of the legislative or executive branch without notifying the member in writing of the truth.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter B. Prohibited Activities › Section 305.022. Contingent Fees

Sec. 305.022.  CONTINGENT FEES.  (a)  A person may not retain or employ another person to influence legislation or administrative action for compensation that is totally or partially contingent on the passage or defeat of any legislation, the governor's approval or veto of any legislation, or the outcome of any administrative action.
(b)  A person may not accept any employment or render any service to influence legislation or administrative action for compensation contingent on the passage or defeat of any legislation, the governor's approval or veto of any legislation, or the outcome of any administrative action.
(c)  For purposes of this chapter:
(1)  A sales commission payable to an employee of a vendor of a product or service is not considered compensation contingent on the outcome of administrative action if the amount of the state agency purchasing decision does not exceed 10 million dollars.
(2)  A quarterly or annual compensation performance bonus payable to an employee of a vendor of a product or service is not considered compensation contingent on the outcome of administrative action.
(c-1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 815 , Sec. 2, eff. September 1, 2015.
(c-2)  For purposes of this chapter, a commission or fee paid to a person by a state agency is not considered compensation contingent on the outcome of an administrative action if the person paid a commission or a fee by a state agency:
(1)  is a registrant who reports the state agency as a client under this chapter; and
(2)  reports the full amount of the commission or fee in the manner required by commission rule.
(c-3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 815 , Sec. 2, eff. September 1, 2015.
(d)  This section does not prohibit the payment or acceptance of contingent fees:
(1)  expressly authorized by other law;  or
(2)  for legal representation before state administrative agencies in contested hearings or similar adversarial proceedings prescribed by law or administrative rules.
(e)  For purposes of this section, the term "employee" means a person employed full-time by an employer to perform services for compensation. The term does not include an independent contractor or consultant.
(f)  The provisions of this chapter shall not be applicable to a transaction for the sale, lease, or services provided in connection with the sale or lease of any real properties or real properties interest owned or managed by the permanent school fund or General Land Office.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.13, eff. Jan. 1, 1992.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1174 (H.B. 3445), Sec. 4, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 815 (H.B. 3517), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter B. Prohibited Activities › Section 305.023. Admission to Floors

Sec. 305.023.  ADMISSION TO FLOORS.  A person who is registered or required to be registered under this chapter may not go on the floor of either house of the legislature while that house is in session unless invited by that house.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter B. Prohibited Activities › Section 305.025. Exceptions

Sec. 305.025.  EXCEPTIONS.  Section 305.024 does not prohibit:
(1)  a loan in the due course of business from a corporation or other business entity that is legally engaged in the business of lending money and that has conducted that business continuously for more than one year before the loan is made;
(2)  a loan or guarantee of a loan or a gift made or given by a person related within the second degree by affinity or consanguinity to the member of the legislative or executive branch;
(3)  necessary expenditures for transportation and lodging when the purpose of the travel is to explore matters directly related to the duties of a member of the legislative or executive branch, such as fact-finding trips, including attendance at informational conferences or an event described by Subdivision (4), but not including attendance at merely ceremonial events or pleasure trips;
(4)  necessary expenditures for transportation, lodging, food and beverages, and entertainment provided in connection with a conference, seminar, educational program, or similar event in which the member renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory;
(5)  an incidental expenditure for transportation as determined by commission rule; or
(6)  a political contribution as defined by Section 251.001, Election Code.
Added by Acts 1991, 72nd Leg., ch. 304, Sec. 2.14(a), eff. Jan. 1, 1992.  Amended by Acts 1995, 74th Leg., ch. 996, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 92 (S.B. 1011), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter B. Prohibited Activities › Section 305.026. Prohibition on Use of Certain Public Funds

Sec. 305.026.  PROHIBITION ON USE OF CERTAIN PUBLIC FUNDS.  (a)  Public funds available to a political subdivision may not be used to compensate or reimburse the expenses over $50 of any person for the purpose of communicating directly with a member of the legislative branch to influence legislation, unless the person being compensated or reimbursed resides in the district of the member with whom the person communicates or files a written statement with the commission that includes the person's name, the amount of compensation or reimbursement, and the name of the affected political subdivision.
(b)  In this section, "political subdivision" includes:
(1)  a municipality;
(2)  a county;  and
(3)  a special district created under the constitution or laws of this state, including:
(A)  a school district;
(B)  a junior college district;
(C)  a water district;
(D)  a hospital district;
(E)  a municipal utility district;
(F)  a metropolitan transit authority;  and
(G)  any other governmental entity that embraces a geographic area within a definite boundary and exists for the purpose of discharging functions of government and possesses authority for subordinate self-government through officers selected by it.
(c)  This section does not apply to a person who is registered under this chapter, to a person who holds an elective or appointive public office, or to a full-time employee of the affected political subdivision.
(d)  This section does not prohibit a political subdivision from making an expenditure of public funds to a statewide association with a minimum membership of at least 25 percent of eligible political subdivisions that contract with or employ a registrant for the purpose of communicating directly with a member of the legislative branch to influence legislation.
Added by Acts 1991, 72nd Leg., ch. 304, Sec. 2.14(a), eff. Jan. 1, 1992.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.26, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter B. Prohibited Activities › Section 305.027. Required Disclosure on Legislative Advertising

Sec. 305.027.  REQUIRED DISCLOSURE ON LEGISLATIVE ADVERTISING.  (a)  A person commits an offense if the person knowingly enters into a contract or other agreement to print, publish, or broadcast legislative advertising that does not indicate in the advertising:
(1)  that it is legislative advertising;
(2)  the full name of the individual who personally entered into the contract or agreement with the printer, publisher, or broadcaster and the name of the person, if any, that the individual represents;  and
(3)  in the case of advertising that is printed or published, the address of the individual who personally entered into the agreement with the printer or publisher and the address of the person, if any, that the individual represents.
(b)  It is an exception to the application of Subsection (a) to a broadcaster, printer, or publisher of legislative advertising or to an agent or employee of the broadcaster, printer, or publisher that:
(1)  the person entering into the contract or agreement with the broadcaster, printer, or publisher is not the actual sponsor of the advertising but is the sponsor's professional advertising agent conducting business in this state;  or
(2)  the advertising is procured by the actual sponsor of the legislative advertising and, before the performance of the contract or agreement, the sponsor is given written notice as provided by Subsection (d).
(c)  A professional advertising agent conducting business in this state who seeks to procure the broadcasting, printing, or publication of legislative advertising on behalf of the sponsor of the advertising commits an offense if the agent enters into a contract or agreement for the broadcasting, printing, or publication of legislative advertising and does not, before the performance of the contract or agreement, give the sponsor written notice as provided by Subsection (d).
(d)  The notice required by Subsections (b) and (c) must be substantially as follows:
Section 305.027, Government Code, requires legislative advertising to disclose certain information.  A person who knowingly enters into a contract or other agreement to print, publish, or broadcast legislative advertising that does not contain the information required under that section commits an offense that is a Class A misdemeanor.
(e)  In this section, "legislative advertising" means a communication that supports, opposes, or proposes legislation and that:
(1)  in return for consideration, is published in a newspaper, magazine, or other periodical or is broadcast by radio or television;  or
(2)  appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, button, or similar form of written communication.
Added by Acts 1991, 72nd Leg., ch. 304, Sec. 2.14(a), eff. Jan. 1, 1992.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter B. Prohibited Activities › Section 305.029. Expenditures From Political Contributions Restricted

Sec. 305.029.  EXPENDITURES FROM POLITICAL CONTRIBUTIONS RESTRICTED.  (a)  In this section, "candidate," "political contribution," "political committee," "political expenditure," and "specific-purpose committee" have the meanings assigned by Section 251.001, Election Code.
(b)  A registrant, or a person on the registrant's behalf and with the registrant's consent or ratification, may not knowingly make or authorize an expenditure required to be reported under this chapter from a political contribution that was accepted by:
(1)  the registrant as a candidate or officeholder;
(2)  a specific-purpose committee for the purpose of supporting the registrant as a candidate or assisting the registrant as an officeholder; or
(3)  a political committee that accepted a political contribution described by Subdivision (1) or (2) during the two-year period immediately before the date the expenditure was made or authorized by the registrant.
(c)  This section does not prohibit a person from making a political contribution or political expenditure in support of the person's own candidacy.
Added by Acts 2017, 85th Leg., R.S., Ch. 330 (H.B. 505), Sec. 1, eff. January 8, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 839 (H.B. 2677), Sec. 2, eff. September 27, 2019.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter C. Sanctions › Section 305.031. Criminal Penalties

Sec. 305.031.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person intentionally or knowingly violates a provision of this chapter other than Section 305.022 or 305.028.  An offense under this subsection is a Class A misdemeanor.
(b)  A person commits an offense if the person intentionally or knowingly violates Section 305.022.  An offense under this subsection is a felony of the third degree.
(c)  Repealed by Acts 2003, 78th Leg., ch. 249, Sec. 4.12 and Acts 2003, 78th Leg., ch. 1322, Sec. 2.
(d)  This chapter does not affect the criminal responsibility of a person under the state laws relating to perjury.
(e)  This section does not prohibit the commission from imposing a civil penalty for a violation.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.15, eff. Jan. 1, 1992;  Acts 1995, 74th Leg., ch. 996, Sec. 5, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1013, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 249, Sec. 4.09, 4.12, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1322, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 218 (H.B. 2202), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter C. Sanctions › Section 305.032. Civil Penalty for Failure to Register

Sec. 305.032.  CIVIL PENALTY FOR FAILURE TO REGISTER.  In addition to the criminal penalties prescribed by Section 305.031, a person who receives compensation or reimbursement or makes an expenditure for engaging in direct communication to influence legislation or administrative action and who fails to file a registration form or activities report required to be filed under this chapter shall pay a civil penalty in an amount determined by commission rule, but not to exceed an amount equal to three times the compensation, reimbursement, or expenditure.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.16, eff. Jan. 1, 1992.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter C. Sanctions › Section 305.033. Civil Penalty for Late Filing

Sec. 305.033.  CIVIL PENALTY FOR LATE FILING.  (a)  The commission shall determine from any available evidence whether a registration or report required to be filed with the commission under this chapter is late.  A registration filed without the fee required by Section 305.005 is considered to be late.  On making a determination that a required registration or report is late, the commission shall immediately mail a notice of the determination to the person responsible for the filing, to the commission, and to the appropriate attorney for the state.
(b)  If a registration or report is determined to be late, the person responsible for the filing is liable to the state for payment of a civil penalty of $500.
(c)  If a registration or report is more than 30 days late, the commission shall issue a warning of liability by registered mail to the person responsible for the filing.  If the penalty is not paid before the 10th day after the date on which the warning is received, the person is liable for a penalty in an amount determined by commission rule, but not to exceed $10,000.
(d)  A penalty paid voluntarily under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.
(e)  This section is in addition to any other available sanctions for late filings of registrations or reports.
(f)  A registration or report other than an activities report filed by a registrant is not considered to be late for purposes of this section if the registrant files a corrected or amended registration or report not later than the 14th business day after the date the registrant becomes aware of the error or omission in the registration or report originally filed.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 432, Sec. 3, eff. Jan. 1, 1988;  Acts 1991, 72nd Leg., ch. 304, Sec. 2.17, eff. Jan. 1, 1992;  Acts 1993, 73rd Leg., ch. 107, Sec. 3.27, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 249, Sec. 4.10, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1250 (H.B. 1800), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter C. Sanctions › Section 305.034. Failure to File All Required Forms

Sec. 305.034.  FAILURE TO FILE ALL REQUIRED FORMS.  (a)  The commission shall determine whether all persons registered under this chapter have filed all required forms, statements, and reports.
(b)  Whenever the commission determines that a person has failed to file any required form, statement, or report as required by this chapter, the commission shall send a written statement of this finding to the person involved.  Notice to the person involved must be sent by certified mail.
(c)  If the person fails to file the form, statement, or report as required by this chapter before the 21st day after the date on which the notice was sent, the commission shall file a sworn complaint of the violation with the appropriate prosecuting attorney.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.28, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter C. Sanctions › Section 305.035. Enforcement

Sec. 305.035.  ENFORCEMENT.  (a)  The commission, the attorney general, or any county or district attorney may enforce this chapter.
(b)  On the application of any citizen of this state, a district court in Travis County may issue an injunction to enforce this chapter.
(c)  A person may file with the appropriate prosecuting attorney or with the commission a written, sworn statement alleging a violation of this chapter.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 2.18, eff. Jan. 1, 1992.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 305 - Registration of Lobbyists › Subchapter C. Sanctions › Section 305.036. Venue

Sec. 305.036.  VENUE.  An offense under this chapter, including perjury, may be prosecuted in Travis County or in any other county in which it may be prosecuted under the Code of Criminal Procedure, 1965.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.001. Definition

Sec. 306.001.  DEFINITION.  In this chapter, "communication" includes conversation, correspondence, and electronic communication.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.002. Application

Sec. 306.002.  APPLICATION.  This chapter applies to records and communications collected and maintained by members of the legislature and the lieutenant governor on June 12, 1985, as well as to records made and communications received by those officials on or after that date.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.003. Confidential Records

Sec. 306.003.  CONFIDENTIAL RECORDS.  (a)  Records of a member of the legislature or the lieutenant governor that are composed exclusively of memoranda of communications with residents of this state and of personal information concerning the person communicating with the member or lieutenant governor are confidential.  However, the member or the lieutenant governor may disclose all or a part of a record to which this subsection applies, and that disclosure does not violate the law of this state.
(b)  The method used to store or maintain a record covered by Subsection (a) does not affect the confidentiality of the record.
(c)  If a member of the legislature or the lieutenant governor discloses to the Department of Family and Protective Services or a governmental unit that is a "covered entity" under Section 181.001(b), Health and Safety Code, all or part of a record to which Subsection (a) applies or communicates to the department or governmental unit a description of the information contained in the record that identifies or would tend to identify the resident of this state who communicated with the member or lieutenant governor, the record or the described information, as applicable, in the possession of the department or governmental unit is subject to and confidential under Subsection (a) and may be disclosed to any other person only to the extent that the member of the legislature or lieutenant governor elects to disclose the record or the described information.
(d)  If the department or governmental unit that is a "covered entity" under Section 181.001(b), Health and Safety Code, receives a request for public information under Chapter 552, and information subject to the request is information described by Subsection (c), the department or governmental unit shall promptly notify, in writing or by electronic means, the member of the legislature or the lieutenant governor, as applicable, that the department or governmental entity received the request. The notification must specify the type of information that is requested and include a copy of the request.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 633 (H.B. 367), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.004. Public Disclosure Prohibited

Sec. 306.004.  PUBLIC DISCLOSURE PROHIBITED.  (a)  To ensure the right of the citizens of this state to petition state government, as guaranteed by Article I, Section 27, of the Texas Constitution, by protecting the confidentiality of communications of citizens with a member of the legislature or the lieutenant governor, the public disclosure of all or part of a written or otherwise recorded communication from a citizen of this state received by a member or the lieutenant governor in his official capacity is prohibited unless:
(1)  the citizen expressly or by clear implication authorizes the disclosure;
(2)  the communication is of a type that is expressly authorized by statute to be disclosed;  or
(3)  the official determines that the disclosure does not constitute an unwarranted invasion of personal privacy of the communicator or another person.
(b)  This section does not apply to a communication to a member of the legislature or the lieutenant governor from a public official or public employee acting in an official capacity.
(c)  A member or the lieutenant governor may elect to disclose all or part of a communication to which this section applies, and that disclosure does not violate the law of this state.
(d)  If a member of the legislature or the lieutenant governor discloses to the Department of Family and Protective Services or a governmental unit that is a "covered entity" under Section 181.001(b), Health and Safety Code, a communication to which this section applies or communicates to the department or governmental unit a description of the information contained in the communication that identifies or would tend to identify the citizen of this state who communicated with the member or lieutenant governor, the communication or the described information, as applicable, in the possession of the department or governmental unit is subject to and confidential under this section and may be disclosed to another person only to the extent that the member of the legislature or lieutenant governor elects to disclose the communication or the described information.
(e)  If the department or governmental unit that is a "covered entity" under Section 181.001(b), Health and Safety Code, receives a request for public information under Chapter 552, and information subject to the request is information described by Subsection (d), the department or governmental unit shall promptly notify, in writing or by electronic means, the member of the legislature or the lieutenant governor, as applicable, that the department or governmental entity received the request. The notification must specify the type of information that is requested and include a copy of the request.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.05(a), eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 633 (H.B. 367), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.0055. Legislatively Produced Photographs

Sec. 306.0055.  LEGISLATIVELY PRODUCED PHOTOGRAPHS.  A house, committee, or agency of the legislature may charge for a photograph produced by or under the direction of the entity the fair market value of the photograph.
Added by Acts 2013, 83rd Leg., R.S., Ch. 47 (H.B. 2377), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.007. Minutes and Reports Electronically Available to Legislature

Sec. 306.007.  MINUTES AND REPORTS ELECTRONICALLY AVAILABLE TO LEGISLATURE.  A state officer or board, commission, or other agency in the executive branch of state government, and an agency in the judicial branch of state government other than a court, shall make reports required by law and minutes of meetings of the agency's governing body available to members of the legislature and to agencies in the legislative branch of state government in an electronic format determined by the Texas Legislative Council.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.03, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.008. Legislative Privilege

Sec. 306.008.  LEGISLATIVE PRIVILEGE.  (a)  To protect the public's interest in the proper performance of the deliberative and policymaking responsibilities of the legislature and to preserve the legislative branch's independence under the fundamental principle of separation of powers, as guaranteed by Article II and Section 21, Article III, Texas Constitution, a communication is confidential and subject to legislative privilege if the communication:
(1)  is given privately;
(2)  concerns a legislative activity or function; and
(3)  is among or between any of the following:
(A)  a member of the house or senate;
(B)  the lieutenant governor;
(C)  an officer of the house or senate;
(D)  a member of the governing body of a legislative agency; or
(E)  a legislative employee.
(b)  A communication described by Subsection (a) is subject to attorney-client privilege if:
(1)  one of the parties to the communication is a legislative attorney or a legislative employee working at the direction of a legislative attorney; and
(2)  the communication is made in connection with the legislative attorney's provision of legal advice or other legal services.
(c)  A member of the house or senate, the lieutenant governor, or an officer of the house or senate may choose to disclose all or part of a communication to which Subsection (a) or (b) applies and to which the individual or a legislative employee acting on behalf of the individual was a party.
(d)  This section does not affect the authority of a court to analyze and apply legislative or attorney-client privileges under the applicable rules of evidence governing a judicial proceeding.
(e)  In this section:
(1)  "Legislative agency" means a board, commission, committee, council, department, office, or any other agency in the legislative branch of state government.  The term does not include the Texas Ethics Commission.
(2)  "Legislative attorney" means an attorney employed or engaged by the house, the senate, a member of the house or senate, the lieutenant governor, an officer of the house or senate, a house or senate committee, a joint committee, or a legislative agency.
(3)  "Legislative employee" means:
(A)  an employee of, assistant to, or credentialed intern for any part of the legislative branch of state government, including the house, the senate, a member of the house or senate, the lieutenant governor, an officer of the house or senate, a house or senate committee, a joint committee, or a legislative agency; or
(B)  a person performing services under a contract entered into with the house, the senate, a house or senate committee, or a legislative agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 19, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle A - Legislature › Chapter 306 - Legislative Information › Section 306.009. Custodian of Certain Legislative Records

Sec. 306.009.  CUSTODIAN OF CERTAIN LEGISLATIVE RECORDS.  (a)  A member of the legislature, the lieutenant governor, an officer of the house or senate, or a legislative agency, office, or committee that stores records with or transfers records to the Legislative Reference Library or the Texas State Library and Archives Commission:
(1)  possesses, maintains, or controls the records for purposes of litigation; and
(2)  is the custodian of the records for purposes of Chapter 552.
(b)  Subsection (a) does not apply to a member of the legislature or the lieutenant governor after the individual's service as a member or lieutenant governor ends.
Added by Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 19, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter A. General Provisions › Section 311.001. Short Title

Sec. 311.001.  SHORT TITLE.  This chapter may be cited as the Code Construction Act.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter A. General Provisions › Section 311.002. Application

Sec. 311.002.  APPLICATION.  This chapter applies to:
(1)  each code enacted by the 60th or a subsequent legislature as part of the state's continuing statutory revision program;
(2)  each amendment, repeal, revision, and reenactment of a code or code provision by the 60th or a subsequent legislature;
(3)  each repeal of a statute by a code;  and
(4)  each rule adopted under a code.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter A. General Provisions › Section 311.003. Rules Not Exclusive

Sec. 311.003.  RULES NOT EXCLUSIVE.  The rules provided in this chapter are not exclusive but are meant to describe and clarify common situations in order to guide the preparation and construction of codes.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter A. General Provisions › Section 311.004. Citation of Codes

Sec. 311.004.  CITATION OF CODES.  A code may be cited by its name preceded by the specific part concerned.  Examples of citations are:
(1)  Title 1, Business & Commerce Code;
(2)  Chapter 5, Business & Commerce Code;
(3)  Section 9.304, Business & Commerce Code;
(4)  Section 15.06(a), Business & Commerce Code;  and
(5)  Section 17.18(b)(1)(B)(ii), Business & Commerce Code.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1985, 69th Leg., ch. 117, Sec. 13(b), eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter A. General Provisions › Section 311.005. General Definitions

Sec. 311.005.  GENERAL DEFINITIONS.  The following definitions apply unless the statute or context in which the word or phrase is used requires a different definition:
(1)  "Oath" includes affirmation.
(2)  "Person" includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
(3)  "Population" means the population shown by the most recent federal decennial census.
(4)  "Property" means real and personal property.
(5)  "Rule" includes regulation.
(6)  "Signed" includes any symbol executed or adopted by a person with present intention to authenticate a writing.
(7)  "State," when referring to a part of the United States, includes any state, district, commonwealth, territory, and insular possession of the United States and any area subject to the legislative authority of the United States of America.
(8)  "Swear" includes affirm.
(9)  "United States" includes a department, bureau, or other agency of the United States of America.
(10)  "Week" means seven consecutive days.
(11)  "Written" includes any representation of words, letters, symbols, or figures.
(12)  "Year" means 12 consecutive months.
(13)  "Includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 340, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter A. General Provisions › Section 311.006. Internal References

Sec. 311.006.  INTERNAL REFERENCES.  In a code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of the code;  and
(2)  a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of the code in which the reference appears.
Added by Acts 1993, 73rd Leg., ch. 131, Sec. 1, eff. May 11, 1993.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter B. Construction of Words and Phrases › Section 311.011. Common and Technical Usage of Words

Sec. 311.011.  COMMON AND TECHNICAL USAGE OF WORDS.  (a)  Words and phrases shall be read in context and construed according to the rules of grammar and common usage.
(b)  Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter B. Construction of Words and Phrases › Section 311.012. Tense, Number, and Gender

Sec. 311.012.  TENSE, NUMBER, AND GENDER.  (a)  Words in the present tense include the future tense.
(b)  The singular includes the plural and the plural includes the singular.
(c)  Words of one gender include the other genders.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter B. Construction of Words and Phrases › Section 311.013. Authority and Quorum of Public Body

Sec. 311.013.  AUTHORITY AND QUORUM OF PUBLIC BODY.  (a)  A grant of authority to three or more persons as a public body confers the authority on a majority of the number of members fixed by statute.
(b)  A quorum of a public body is a majority of the number of members fixed by statute.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter B. Construction of Words and Phrases › Section 311.014. Computation of Time

Sec. 311.014.  COMPUTATION OF TIME.  (a)  In computing a period of days, the first day is excluded and the last day is included.
(b)  If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
(c)  If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter B. Construction of Words and Phrases › Section 311.015. Reference to a Series

Sec. 311.015.  REFERENCE TO A SERIES.  If a statute refers to a series of numbers or letters, the first and last numbers or letters are included.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter B. Construction of Words and Phrases › Section 311.016. "May," "Shall," "Must," Etc

Sec. 311.016.  "MAY," "SHALL," "MUST," ETC.  The following constructions apply unless the context in which the word or phrase appears necessarily requires a different construction or unless a different construction is expressly provided by statute:
(1)  "May" creates discretionary authority or grants permission or a power.
(2)  "Shall" imposes a duty.
(3)  "Must" creates or recognizes a condition precedent.
(4)  "Is entitled to" creates or recognizes a right.
(5)  "May not" imposes a prohibition and is synonymous with "shall not."
(6)  "Is not entitled to" negates a right.
(7)  "Is not required to" negates a duty or condition precedent.
Added by Acts 1997, 75th Leg., ch. 220, Sec. 1, eff. May 23, 1997.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.021. Intention in Enactment of Statutes

Sec. 311.021.  INTENTION IN ENACTMENT OF STATUTES.  In enacting a statute, it is presumed that:
(1)  compliance with the constitutions of this state and the United States is intended;
(2)  the entire statute is intended to be effective;
(3)  a just and reasonable result is intended;
(4)  a result feasible of execution is intended;  and
(5)  public interest is favored over any private interest.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 3 - Legislative Branch › Subtitle B - Legislation › Chapter 311 - Code Construction Act › Subchapter C. Construction of Statutes › Section 311.022. Prospective Operation of Statutes

Sec. 311.022.  PROSPECTIVE OPERATION OF STATUTES.  A statute is presumed to be prospective in its operation unless expressly made retrospective.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.