80th Legislature: Howard’s HB 598 Would Slow ‘Revolving Door’ To Lobby

State Rep. Donna Howard (D-Austin) has filed a tough bill which would require various waiting periods before legislators are allowed to lobby, represent individuals before government bodies, become mebers of government bodies, contract with the government, and even hold certain positions on committees and public offices.

HB 602 would require a two-year waiting period to expire from the end of a legislator’s last day in office before that legislator may become a lobbyist. It does have some notable and appropriate exceptions, however. It does not apply to a former legislator communicating directly with a legislator or member of the executive branch on behalf of a non-profit organization, an individual, a group of low-income individuals, or a group of individuals with disabilities so long as the legislator receives no compensation other than for actual expenses incurred during the communication.

The bill also makes it a criminal offense for a former legislator to represent a client before a governmental entity propr to the first anniversary date of the end of his or her term if the legislator served on a committee having jurisdiction over the matter of the communication during the two years preceeding the end of his or her term. Again, there are exceptions including if the representation began before the former member was first elected and continued throughout the member’s legislative tenure. Violation constitutes a Class A misdemeanor.

In addition, former legislators are prohibited for two years from the final date of their service from being appointed to or employed by a department, commission, board of other agency in the legislative, executive or judicial branch or be nominated, elected, or appointed to a public office created during or for which the salary was increased during the former member’s final term of office. A violation would be a Class A misdemeanor.

A two-year limit would also be placed on employment by regulated entities regarding matters within the jurisdiction of a legislative committee on which the former member served during any part of the two years preceding the date the
former member left office. A violation would be a Class A Misdemeanor.
A two-year limit is also placed on legislators having a contract with a department, commission, board, or other agency in the legislative, executive, or judicial branch of state government if, during the last term for which the former member was elected, the legislature enacted a statute that authorized the contract or appropriated money for the contract. Again, an offense would be a Class A misdemeanor.

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