Relating to the use by certain public entities of public funds for lobbying and certain other activities.
Impact
If enacted, HB 3615 would significantly alter how public entities manage their finances in relation to lobbying. Entities would be required to refrain from certain expenditures on lobbying, and they could face strict penalties, including being barred from receiving state funds if found in violation of the bill's provisions. Community members, taxpayers, or individuals receiving services from these entities would be empowered to seek injunctive relief if funds are improperly used, thus enhancing public oversight and accountability regarding the financial practices of public institutions.
Summary
House Bill 3615 seeks to amend Chapter 556 of the Government Code to impose restrictions on the use of public funds by specific public entities for lobbying activities. The bill is particularly targeted towards a range of public entities, including political subdivisions that impose taxes and various authorities, prohibiting them from hiring lobbyists or funding organizations that engage in lobbying on their behalf. This is proposed with the intent to ensure that taxpayer dollars are not used to influence legislative decisions, promoting greater transparency in government budgeting and spending.
Contention
The bill has stirred debate among legislators. Proponents argue that it is a necessary measure to curb the misuse of public funds and to ensure that decisions affecting the community are not swayed by lobbying influences. However, opponents raise concerns that such restrictions may hinder the ability of public entities to effectively advocate for their needs at the state level, claiming it could limit local governments’ capacity to represent their interests adequately. The balance between protecting taxpayer dollars and allowing necessary advocacy for local interests is a central point of contention surrounding this legislation.
Texas Constitutional Statutes Affected
Government Code
Chapter 556. Political Activities By Certain Public Entities And Individuals
Section: New Section
Local Government Code
Chapter 89. General Provisions Relating To County Administration
Relating to a school district's use of public money to pay fees or dues or provide compensation to a nonprofit state association or organization that engages in certain lobbying activities.
Relating to restrictions on certain contributions and lobbyist compensation by persons appointed to public office by the governor; creating a criminal offense.
Relating to the transfer of functions relating to the economic regulation of water and sewer service from the Public Utility Commission of Texas and the Office of Public Utility Counsel to the Water Public Utility Commission and the Office of Water Public Utility Counsel; creating a criminal offense.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.