Bill Text: TX HB119 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to the registration as a lobbyist of persons who engage in certain lobbying activities on behalf of a foreign adversary and to prohibitions on the receipt of compensation related to those lobbying activities; providing a civil penalty.
Sponsorship: Partisan Bill (Republican 25)
Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB119 Detail]
Download: Texas-2025-HB119-Enrolled.html
| H.B. No. 119 | ||
|
|
||
| relating to the registration as a lobbyist of persons who engage in | ||
| certain lobbying activities on behalf of a foreign adversary and to | ||
| prohibitions on the receipt of compensation related to those | ||
| lobbying activities; providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 305.003(a), Government Code, is amended | ||
| to read as follows: | ||
| (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(b) to communicate directly with one or more members of the | ||
| legislative or executive branch to influence legislation or | ||
| administrative action; [ |
||
| (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; or | ||
| (3) communicates directly with one or more members of | ||
| the legislative or executive branch to influence legislation or | ||
| administrative action on behalf of a foreign adversary, a foreign | ||
| adversary client, or a foreign adversary political party, as those | ||
| terms are defined by Section 305.030. | ||
| SECTION 2. Subchapter B, Chapter 305, Government Code, is | ||
| amended by adding Section 305.030 to read as follows: | ||
| Sec. 305.030. COMPENSATION FROM FOREIGN ADVERSARY AND | ||
| RELATED PERSONS PROHIBITED; CIVIL ENFORCEMENT. (a) In this | ||
| section: | ||
| (1) "Control" means the direct or indirect power to | ||
| determine, direct, dictate, or decide important matters affecting | ||
| an entity, including through: | ||
| (A) the ownership of at least 20 percent of the | ||
| total outstanding voting interest in an entity; | ||
| (B) board representation; | ||
| (C) the ability to appoint or discharge a board | ||
| member, officer, director, employee, or contractor; | ||
| (D) proxy voting, a special share, a contractual | ||
| arrangement, a legal obligation, or a formal or informal | ||
| arrangement to act in concert; or | ||
| (E) another means of exercising power. | ||
| (2) "Foreign adversary" means: | ||
| (A) a foreign government or foreign | ||
| nongovernment person designated as a foreign adversary by the | ||
| United States secretary of commerce under 15 C.F.R. Section 791.4; | ||
| (B) an agency or entity under the control of a | ||
| country described by Paragraph (A); | ||
| (C) a person wholly or partly owned or operated | ||
| by or subject to the control of a country described by Paragraph | ||
| (A); | ||
| (D) a subsidiary or parent of a person described | ||
| by Paragraph (C); | ||
| (E) a person organized under the laws of or that | ||
| has its principal place of business in a country described by | ||
| Paragraph (A); and | ||
| (F) a subsidiary of a person described by | ||
| Paragraph (E). | ||
| (3) "Foreign adversary client" means: | ||
| (A) a current or former: | ||
| (i) official in the executive, legislative, | ||
| administrative, military, or judicial branch of a foreign | ||
| adversary; | ||
| (ii) official of a foreign adversary | ||
| political party; or | ||
| (iii) executive or officer of a foreign | ||
| adversary; | ||
| (B) a corporation, business, or other entity that | ||
| has been formed by, or for the benefit of, a person described by | ||
| Paragraph (A); and | ||
| (C) an immediate family member of a person | ||
| described by Paragraph (A), including the person's spouse, parent, | ||
| sibling, and child and a parent or sibling of the person's spouse. | ||
| (4) "Foreign adversary political party" means an | ||
| organization or a combination of individuals in the jurisdictional | ||
| limits of a foreign adversary, including a unit or branch of a | ||
| foreign adversary's government, that is engaged in an activity | ||
| wholly or partly devoted to or whose aim or purpose is to: | ||
| (A) establish, administer, control, or acquire | ||
| the administration or control of a foreign adversary or a | ||
| subdivision of a foreign adversary; or | ||
| (B) further or influence the political or public | ||
| interests, policies, or relations of a foreign adversary or a | ||
| subdivision of a foreign adversary. | ||
| (5) "Wholly or partly owned or operated" means: | ||
| (A) for a person that is a publicly traded | ||
| company, that a foreign adversary has: | ||
| (i) the ability to exercise control over | ||
| the company; | ||
| (ii) access to any material, nonpublic, and | ||
| technical information in the company's possession; or | ||
| (iii) other rights or involvement in | ||
| controlling or participating in the decision-making of the company | ||
| beyond those available to a retail investor holding an equivalent | ||
| share of ownership; and | ||
| (B) for a person that is a privately held | ||
| company, that a foreign adversary has any share of ownership of the | ||
| company. | ||
| (b) A registrant who is required to register under Section | ||
| 305.003(a)(3) may not receive or agree to receive direct or | ||
| indirect compensation, including intangible or in-kind | ||
| compensation, from a foreign adversary, a foreign adversary client, | ||
| or a foreign adversary political party on whose behalf the | ||
| registrant communicates directly with one or more members of the | ||
| legislative or executive branch to influence legislation or | ||
| administrative action. | ||
| (c) The attorney general may bring an action for injunctive | ||
| relief against a registrant who violates this section or is | ||
| threatening to violate this section. In an injunction issued under | ||
| this section, a court may include reasonable requirements to | ||
| prevent further violations of this section. | ||
| (d) In addition to injunctive relief under Subsection (c), | ||
| the attorney general may bring an action for civil penalties | ||
| against a registrant who violates this section. A civil penalty | ||
| assessed under this section must be in an amount not to exceed: | ||
| (1) $10,000 for each violation; and | ||
| (2) the amount of any compensation the registrant | ||
| received in violation of this section. | ||
| (e) The attorney general may recover reasonable expenses | ||
| incurred in bringing an action under this section, including court | ||
| costs, reasonable attorney's fees, investigative costs, witness | ||
| fees, and deposition costs. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| conduct requiring a person to register as a lobbyist or to | ||
| compensation received by a person required to register as a | ||
| lobbyist under Chapter 305, Government Code, that occurs or is | ||
| received on or after the effective date of this Act. Conduct that | ||
| occurs or compensation received before the effective date of this | ||
| Act is governed by the law in effect on the date the conduct | ||
| occurred or compensation was received, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 119 was passed by the House on April | ||
| 30, 2025, by the following vote: Yeas 132, Nays 8, 2 present, not | ||
| voting; that the House refused to concur in Senate amendments to | ||
| H.B. No. 119 on May 30, 2025, and requested the appointment of a | ||
| conference committee to consider the differences between the two | ||
| houses; and that the House adopted the conference committee report | ||
| on H.B. No. 119 on June 1, 2025, by the following vote: Yeas 101, | ||
| Nays 36, 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 119 was passed by the Senate, with | ||
| amendments, on May 28, 2025, by the following vote: Yeas 30, Nays | ||
| 1; at the request of the House, the Senate appointed a conference | ||
| committee to consider the differences between the two houses; and | ||
| that the Senate adopted the conference committee report on H.B. No. | ||
| 119 on June 1, 2025, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
