The Must Do's and Important Don'ts of Nonprofit Advocacy (handout 5 of 5)
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The Texas Lobby Law www.ethics.state.tx.us Chapter 305 of the Government Code Chapter 36 of the Penal Code Includes: Lobby Registration Requirements Requirements to Report Lobby Activities Prohibitions on Various Activities Criminal Sanctions for Violations of all provisions of the lobby law except for the conflict of interest provision Civil Sanctions for Failing to Register as a Lobbyist if required to do so and for failing to file a required lobby activities report, and A Civil Sanction for Late Filing. Lobby Law Registration Requirements A person is required to register as a lobbyist with the Texas Ethics Commission if in connection with communicating directly with one or more members of the legislative or executive branch to influence legislation or administrative action, he/she exceeds either the compensation and reimbursement threshold and or the expenditure threshold in a calendar quarter as established by rule of the commission. “Direct communication” means to “contact in person or by telephone, telegraph, letter, facsimile, electronic mail, or other electronic means of communication.” Compensation/Reimbursement Threshold If a person receives or is entitled to receive more than $1,000 in a calendar quarter in compensation and reimbursement from one or more persons to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action. A reasonable calculation should be made between compensation for lobby activity and compensation for other activities. Preparation for a direct lobby communication, such as participation in a strategy session or reviewing legislation, counts toward the compensation threshold. A person can be exempt from lobby registration if no more than 5% of that
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Courtney Read Hoffman, Owner, CRH Capitol Communications and Jason Sabo, Founder, Frontera Strategies
Transcript of The Must Do's and Important Don'ts of Nonprofit Advocacy (handout 5 of 5)
The Texas Lobby Lawwww.ethics.state.tx.us
Chapter 305 of the Government CodeChapter 36 of the Penal Code
Includes: Lobby Registration Requirements Requirements to Report Lobby Activities Prohibitions on Various Activities Criminal Sanctions for Violations of all provisions of the lobby law except for the conflict of interest
provision Civil Sanctions for Failing to Register as a Lobbyist if required to do so and for failing to file a
required lobby activities report, and A Civil Sanction for Late Filing.
Lobby Law Registration Requirements
A person is required to register as a lobbyist with the Texas Ethics Commission if in connection with communicating directly with one or more members of the legislative or executive branch to influence legislation or administrative action, he/she exceeds either the compensation and reimbursement threshold and or the expenditure threshold in a calendar quarter as established by rule of the commission. “Direct communication” means to “contact in person or by telephone, telegraph, letter, facsimile, electronic mail, or other electronic means of communication.”
Compensation/Reimbursement Threshold If a person receives or is entitled to receive more than $1,000 in a calendar quarter in compensation and reimbursement from one or more persons to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action. A reasonable calculation should be made between compensation for lobby activity and compensation for other activities. Preparation for a direct lobby communication, such as participation in a strategy session or reviewing legislation, counts toward the compensation threshold. A person can be exempt from lobby registration if no more than 5% of that person’s compensated time during a calendar quarter is attributed to lobby activities.
Expenditure ThresholdIf a person makes total expenditures of more than $500 in a calendar quarter to make a direct lobby communication and those expenditures “are directly attributable to a member of the legislative or executive branch or the immediate family member of the legislative or executive branch” in one of the following categories: “1) transportation and lodging 2) food and beverages; 3) entertainment; 4) gifts, 5) awards or mementoes, and 6) expenditures made for attendance at political fundraisers or charity events.”
