Tex.
Gov't Code Section 305.003
Persons Required to Register
(a)
A person must register with the commission under this chapter if the person:(1)
makes a total expenditure of an amount determined by commission rule but not less than $200 in a calendar quarter, not including the person’s own travel, food, or lodging expenses or the person’s own membership dues, on activities described in Section 305.006 (Activities Report)(b) to communicate directly with one or more members of the legislative or executive branch to influence legislation or administrative action; or(2)
receives, or is entitled to receive under an agreement under which the person is retained or employed, compensation or reimbursement, not including reimbursement for the person’s own travel, food, or lodging expenses or the person’s own membership dues, of more than an amount determined by commission rule but not less than $200 in a calendar quarter from another person to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action.(b)
Subsection (a)(2) requires a person to register if the person, as part of his regular employment, has communicated directly with a member of the legislative or executive branch to influence legislation or administrative action on behalf of the person by whom he is compensated or reimbursed, whether or not the person receives any compensation for the communication in addition to the salary for that regular employment.(b-1)
Subsection (a)(2) does not require a member of the judicial, legislative, or executive branch of state government or an officer or employee of a political subdivision of the state to register. This subsection does not apply to an officer or employee of a quasi-governmental agency. For purposes of this subsection, “quasi-governmental agency” means a governmental agency, other than an institution of higher education as defined by Section 61.003 (Definitions), Education Code, that has as one of its primary purposes engaging in an activity that is normally engaged in by a nongovernmental agency, including:(1)
acting as a trade association; or(2)
competing in the public utility business with private entities.(b-2)
Subsection (a)(2) does not require an officer or an employee of a state agency that provides utility services under Section 35.102, Utilities Code, and Sections 31.401 (Natural Gas Acquisition Contracts) and 52.133 (Payment of Royalty in Kind), Natural Resources Code, to register.(b-3)
Subsection (a)(2) does not require a person to register if the person spends not more than 26 hours, or another amount of time determined by the commission, for which the person is compensated or reimbursed during the calendar quarter engaging in activity, including preparatory activity as defined by the commission, to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action.(b-4)
If a person spends more than eight hours in a single day engaging in activity to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action, the person is considered to have engaged in the activity for only eight hours during that day for purposes of Subsection (b-3).(c)
A person who communicates directly with a member of the executive branch to influence administrative action is not required to register under Subsection (a)(2) if the person is an attorney of record or pro se, the person enters his appearance in a public record through pleadings or other written documents in a docketed case pending before a state agency, and that communication is the only activity that would otherwise require the person to register.
Source:
Section 305.003 — Persons Required to Register, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.305.htm#305.003 (accessed Jun. 5, 2024).
