Form REG Instruction Guide: Lobby Registration Page: 2
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Form REG - Instruction Guide
Independent Contractors. Effective September 1, 2009, certain persons who have communications
in their capacity as independent contractors, as defined by Texas Ethics Commission Rule 34.1(5),
AND whose compensation for those communications is contingent on the outcome of a purchasing
decision or negotiations regarding such decisions, are required to register as lobbyists and report
information about those communications. Section 34.1(5) of the Ethics Commission Rules defines
an "independent contractor" as a person, including a consultant, who communicates with a member
of the executive branch concerning state agency purchasing decisions involving a product, service, or
service provider or negotiations regarding such decisions. The term does not include an employee,
as defined by section 305.022(e) of the Government Code, of a vendor.
A person who meets the definition of independent contractor is required to register as a lobbyist if
the compensation for the communication is totally or partially contingent on the outcome of a
purchasing decision or negotiations regarding such decisions.1 (To be a legal contingent fee, the
amount of the purchasing decision may not exceed $10 million.) A person who is required to
register as an independent contractor is considered a registrant subject to all the requirements and
restrictions under chapter 305 of the Government Code, the Texas lobby law.
State Agency as a Client. A person who is paid a sales commission or such fee by a state agency is
required to register as a lobbyist and disclose on a lobby registration the state agency as a client and
disclose certain information regarding the sales commission or fee.
For detailed information about the law regarding independent contractors and contingent fees, refer
to sections 305.005(c), 305.0041, and 305.022 of the Government Code, and sections 34.1(5), 34.46,
34.73, and 34.75 of the Ethics Commission Rules and the Ethics Commission guide titled
"LOBBYING IN TEXAS: A GUIDE TO THE TEXAS LAW."
Filling Out the Forms. All forms must be either typewritten or handwritten in ink. Print everything
but your signature.
When information requested is not applicable to your registration, mark "N/A" in any space or on
any page that is inapplicable or check the "not applicable" box provided.
The Lobby Registration Form (FORM REG) consists of a cover sheet; a Schedule A for each person
who reimburses, retains, or employs the registrant to lobby; and a Schedule B for each person who
assists the registrant in lobby activities.
Photocopies of Forms. You may photocopy current Ethics Commission forms, but any report filed
with the Ethics Commission must have an original signature.
Note: You should retain copies of all reports filed with the commission for future reference.Persons who have communications in their capacity as an independent contractor, whose compensation is NOT
contingent on the outcome of the purchasing decision or negotiations regarding the purchasing decision, may be
required to register under the expenditure threshold.Revised 08/29/2013
Texas Ethics Commission
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Texas Ethics Commission. Form REG Instruction Guide: Lobby Registration, review, August 29, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth639460/m1/4/: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.