By: McCall H.B. No. 3188
A BILL TO BE ENTITLED
AN ACT
relating to filing with the Texas Ethics Commission disclosure
reports relating to local governmental entities and local
government officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 305, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. REPORTS RELATING TO BUSINESS WITH LOCAL GOVERNMENTAL
ENTITY
Sec. 305.051. DEFINITIONS. In this subchapter:
(1) "Local governmental entity" has the meaning assigned by
Section 176.001(3), Local Government Code.
(2) "Local government officer" has the meaning assigned by
Section 176.001(4), Local Government Code.
Sec. 305.052. APPLICABILITY OF CHAPTER. Unless expressly
provided by this chapter, the provisions of this chapter do not
apply to a person who communicates directly with a local government
officer to influence an action of a local governmental entity or who
enters or seeks to enter into a contract with a local governmental
entity.
Sec. 305.053. FILING REPORTS WITH ETHICS COMMISSION.
Regardless of whether a local governmental entity has entered into
an intergovernmental contract authorized by Subchapter G, Chapter
571, Government Code, a person required to file a report under
Chapter 176, Local Government Code, may file the report with the
commission. If a local governmental entity has not entered into an
intergovernmental contract with the commission pursuant to
Subchapter G, Chapter 571, Government Code, a person who files a
report with the commission pursuant to this subsection must also
file the report with the local governmental entity.
Sec. 305.054. VOLUNTARY DISCLOSURE. (a) This section
applies to a person who communicates directly with a local
government officer to influence a matter that may be the subject of
action by a local governmental entity.
(b) A person described by Subsection (a) may report to the
commission expenditures made to communicate directly with a local
government officer.
(c) Expenditures that are voluntarily disclosed pursuant to
this section are considered to be expenditures made and reported in
accordance with this chapter.
SECTION 2. Chapter 571, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. REPORTING RELATED TO LOCAL GOVERNMENTAL ENTITIES AND
LOCAL GOVERNMENT OFFICERS
Sec. 571.201. PURPOSE. The purpose of this subchapter is to
further the objective of fully disclosing information related to
expenditures and contributions for elections and for petitioning
the government by allowing a local governmental entity or persons
who petition a local governmental entity to utilize the
commission's software and other commission resources to file
disclosure reports of expenditures and contributions, including
those disclosure reports provided voluntarily under Section
305.054, Government Code, or required by state law or a rule,
regulation, or ordinance adopted by a local governmental entity.
Sec. 571.202. DEFINITIONS. In this subchapter:
(1) "Local governmental entity" has the meaning assigned by
Section 176.001(3), Local Government Code.
(2) "Local government officer" has the meaning assigned by
Section 176.001(4), Local Government Code.
(3) "Communicates directly with" has the meaning assigned
by Section 305.002(2), Government Code.
Sec. 571.203. USE OF COMMISSION SOFTWARE AND RESOURCES.
(a) To fulfill the purpose of this subchapter and to facilitate
filing of disclosure reports provided voluntarily under Section
305.054, Government Code, or required under state law or a rule,
regulation, or ordinance adopted by a local governmental entity,
including those reports required under Chapters 145, 159, and 176,
Local Government Code, the commission may allow the use of
commission software and resources by:
(1) a local governmental entity;
(2) a local government officer;
(3) a person who enters or seeks to enter into a
contract with a local governmental entity; or
(4) a person who communicates directly with a local
government officer to influence a matter that may be the subject of
action by a local governmental entity.
(b) The commission may provide assistance to a local
governmental entity, a local government officer, or a person who
communicates directly with a local government officer to influence
an action of a local governmental entity or who enters or seeks to
enter into a contract with a local governmental entity by:
(1) developing software to facilitate electronic
filing of disclosure reports;
(2) accepting disclosure reports for electronic
filing;
(3) providing public access through the Internet to
electronic reports filed with the commission by:
(A) a local governmental entity;
(B) a local government officer;
(C) a candidate for an office of a local
governmental entity;
(D) a person who enters or seeks to enter into a
contract with a local governmental entity; or
(E) a person who communicates directly with a
local government officer to influence a matter that may be the
subject of action by a local governmental entity.
(c) The commission may enter into an intergovernmental
contract with a local governmental entity to provide the assistance
described by Subsection (a).
(d) The commission may adopt rules to implement this
section.
Sec. 571.204. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES
AND PERSONS. Unless expressly provided by this chapter, the
provisions of this chapter do not apply to:
(1) a local governmental entity;
(2) a local government officer;
(3) a candidate for an office of a local governmental
entity;
(4) a person who enters or seeks to enter into a
contract with a local governmental entity; or
(5) a person who communicates directly with a local
government officer to influence a matter that may be the subject of
action by a local governmental entity.
SECTION 3. This Act takes effect on September 1, 2009.