Decumber 31, 1973
The Honorable Mark W. White, Jr. ,,Opinion No. AH-191 ,’
Secretary of State
Aurtin, Texar , Re: What “perrona” are required
to regiatcr expenditure8 under
5 3(a) of House Bill 2, 63rd I.cg.,
to be codified ae Article 6252-9~.
Dear Secretary White: ,, ” Vernon’8 Texan Civil Statutcn?
On Jaauary 1, ~1974. the ~provisione of,House Bill 2’of ,the ,63rd Legislature
(Acts 1973, 63rd Leg., ch. 422,~ ,p. 1096) will,become effective. The Act ie one
“relating to the activities, registration, and reporting rcquiremento.of pcrsone
engaging in actidtiee designed to in5uence~legi,rlation”, and may be otherwiee
known ae the “Lobby’Aet”. It will be codified in Vernon’r Texan Civil#&atutee
as Article 6252-9c,.
Persona engaging in certain specified ac+tie,s, npclled out irig .3 of the
Act, are required to regiet+r. Section 3(a)(l) includes among those who must
regieter: ~’
“(1) a person who n&k&a total expenditure in
excea:o of $200 in a calendar quarter, :n~otincluding hi,s
own travel, food, or lodging expenses, or,hie own’
membership duer, for communicating directly with
one or more members of the legislative or exec-
utive branch to influence legicllation . . . ”
You have asked whether a corporation, ~atisociation. ,firm, pbitncrship,
committee, club or other organization, or a group of persons who arc
voluntarily acting in concert, who expends in excess of $200.00 a calendar
quarter by paying an individual to communicate directly with a member of the
legislative or executive branch to in5uence legislation be required to rcgistcr
under Sec. 3(a) in addition to the individual who must register on their behalf.
p. 899
.” .
The Honorable Mark W. White, Jr., page 2 (H-191)
Section 3(a)(2) requires registration of a person who receives compensation
or reimbursement from another to communicate directly with a member of the
legislative or executive branch to influence lbgislation.
Your question tracks the language of $2(l) of the Act defining “per’son”.
Therefore, what you have aeked is whether a “person”, as defined, who pays
or reimburses the person required by 5 3(a)(2) to register, must also register
if he or it expend& more than $200. We think not.
Section 3(a)(l) applies to those who make expenditures “for communicating
directly with” a member of the legislative or executive branches. Section 2(5)
defines “Communicates directly with” to mean “contact in person or by tele-
phone, telegraph, or letter”. The person who hires his communicating done
by another does not “communicate directly with” , within that definition, and is
not required by 53(a)(l) or (2) to register.
We see no constitutional problem in this classification of those who must
register. The person required to register under {3(a) must, in his registration
give the full name and address of each person by whom he is employed to
communicate and on whose behalf he ir to so.communicate. Section 5(b)(4).
In addition, 5 5(c) requires that, if a registrant’s activities are done on behalf
of a group, the registration shall include a statement as to the number of
members in, the group and a “full” description of the methods used to develop
and make decisions about positions on policy.
In Attorney General Opinion H-18 (1973) we discussed the provisions of this
Act as they then appeared in House Bill 2, pending before the 63rd Legislature.
We are of the opinion, therefore, that a “pereon”, es dcfincd in the Act,
who expends in excess of $200 per calendar quarter by paying another to
communicate directly with a member of the Legislature would not have to
regirter under House Bill 2.
p. 900
.. .
‘,
me Honorable Mark W. White, Jr., page 3 (H-191 )
SUMMARY
Article 6252-9~~ Home Bill 2 of the 63rd
Legislature, doee not require the “person” (ured
in ita inclusive sense) who employ8 or reimburses
another to communicate with a member of the
legiilativc or executive branch to regirter.
Attorney General of Texar
APPROVED:
DAVID M. KENDALL, Chairman
Opinion Committee
P. 901