Texas Government Code 305.002 – Definitions
Terms Used In Texas Government Code 305.002
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dependent: A person dependent for support upon another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
In this chapter:
(1) “Administrative action” means rulemaking, licensing, or any other matter that may be the subject of action by a state agency or executive branch office, including a matter relating to the purchase of products or services by the agency or office. The term includes the proposal, consideration, or approval of the matter or negotiations concerning the matter.
(2) “Communicates directly with” or any variation of the phrase means contact in person or by telephone, telegraph, letter, facsimile, electronic mail, or other electronic means of communication.
(2-a) “Communicates directly with a member of the legislative or executive branch to influence legislation or administrative action” or any variation of the phrase includes establishing goodwill with the member for the purpose of later communicating with the member to influence legislation or administrative action.
(3) “Compensation” means money, service, facility, or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered.
(4) “Member of the executive branch” means an officer, officer-elect, candidate for, or employee of any state agency, department, or office in the executive branch of state government.
(5) “Expenditure” means a payment, distribution, loan, advance, reimbursement, deposit, or gift of money or any thing of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.
(6) “Legislation” means:
(A) a bill, resolution, amendment, nomination, or other matter pending in either house of the legislature;
(B) any matter that is or may be the subject of action by either house or by a legislative committee, including the introduction, consideration, passage, defeat, approval, or veto of the matter; or
(C) any matter pending in a constitutional convention or that may be the subject of action by a constitutional convention.
(7) “Member of the legislative branch” means a member, member-elect, candidate for, or officer of the legislature or of a legislative committee, or an employee of the legislature.
(8) “Person” means an individual, corporation, association, firm, partnership, committee, club, organization, or group of persons who are voluntarily acting in concert.
(9) “Registrant” means a person required to register under Section 305.003.
(10) “Commission” means the Texas Ethics Commission.
(11) “Immediate family” means a spouse or dependent child.
(12) “Client” means a person or entity for which the registrant is registered or is required to be registered.
(13) “Matter” means the subject matters for which a registrant has been reimbursed, retained, or employed by a client to communicate directly with a member of the legislative or executive branch.
(14) “Person associated with the registrant” or “other associated person” means a partner or other person professionally associated with the registrant through a common business entity, other than a client, that reimburses, retains, or employs the registrant.