Texas 2009 - 81st Regular

Texas House Bill HB3188 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: McCall H.B. No. 3188
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to filing with the Texas Ethics Commission disclosure
7	7	reports relating to local governmental entities and local
8	8	government officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 305, Government Code, is amended by
11	11	adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. REPORTS RELATING TO BUSINESS WITH LOCAL GOVERNMENTAL
13	13	ENTITY
14	14	Sec. 305.051. DEFINITIONS. In this subchapter:
15	15	(1) "Local governmental entity" has the meaning assigned by
16	16	Section 176.001(3), Local Government Code.
17	17	(2) "Local government officer" has the meaning assigned by
18	18	Section 176.001(4), Local Government Code.
19	19	Sec. 305.052. APPLICABILITY OF CHAPTER. Unless expressly
20	20	provided by this chapter, the provisions of this chapter do not
21	21	apply to a person who communicates directly with a local government
22	22	officer to influence an action of a local governmental entity or who
23	23	enters or seeks to enter into a contract with a local governmental
24	24	entity.
25	25	Sec. 305.053. FILING REPORTS WITH ETHICS COMMISSION.
26	26	Regardless of whether a local governmental entity has entered into
27	27	an intergovernmental contract authorized by Subchapter G, Chapter
28	28	571, Government Code, a person required to file a report under
29	29	Chapter 176, Local Government Code, may file the report with the
30	30	commission. If a local governmental entity has not entered into an
31	31	intergovernmental contract with the commission pursuant to
32	32	Subchapter G, Chapter 571, Government Code, a person who files a
33	33	report with the commission pursuant to this subsection must also
34	34	file the report with the local governmental entity.
35	35	Sec. 305.054. VOLUNTARY DISCLOSURE. (a) This section
36	36	applies to a person who communicates directly with a local
37	37	government officer to influence a matter that may be the subject of
38	38	action by a local governmental entity.
39	39	(b) A person described by Subsection (a) may report to the
40	40	commission expenditures made to communicate directly with a local
41	41	government officer.
42	42	(c) Expenditures that are voluntarily disclosed pursuant to
43	43	this section are considered to be expenditures made and reported in
44	44	accordance with this chapter.
45	45	SECTION 2. Chapter 571, Government Code, is amended by
46	46	adding Subchapter G to read as follows:
47	47	SUBCHAPTER G. REPORTING RELATED TO LOCAL GOVERNMENTAL ENTITIES AND
48	48	LOCAL GOVERNMENT OFFICERS
49	49	Sec. 571.201. PURPOSE. The purpose of this subchapter is to
50	50	further the objective of fully disclosing information related to
51	51	expenditures and contributions for elections and for petitioning
52	52	the government by allowing a local governmental entity or persons
53	53	who petition a local governmental entity to utilize the
54	54	commission's software and other commission resources to file
55	55	disclosure reports of expenditures and contributions, including
56	56	those disclosure reports provided voluntarily under Section
57	57	305.054, Government Code, or required by state law or a rule,
58	58	regulation, or ordinance adopted by a local governmental entity.
59	59	Sec. 571.202. DEFINITIONS. In this subchapter:
60	60	(1) "Local governmental entity" has the meaning assigned by
61	61	Section 176.001(3), Local Government Code.
62	62	(2) "Local government officer" has the meaning assigned by
63	63	Section 176.001(4), Local Government Code.
64	64	(3) "Communicates directly with" has the meaning assigned
65	65	by Section 305.002(2), Government Code.
66	66	Sec. 571.203. USE OF COMMISSION SOFTWARE AND RESOURCES.
67	67	(a) To fulfill the purpose of this subchapter and to facilitate
68	68	filing of disclosure reports provided voluntarily under Section
69	69	305.054, Government Code, or required under state law or a rule,
70	70	regulation, or ordinance adopted by a local governmental entity,
71	71	including those reports required under Chapters 145, 159, and 176,
72	72	Local Government Code, the commission may allow the use of
73	73	commission software and resources by:
74	74	(1) a local governmental entity;
75	75	(2) a local government officer;
76	76	(3) a person who enters or seeks to enter into a
77	77	contract with a local governmental entity; or
78	78	(4) a person who communicates directly with a local
79	79	government officer to influence a matter that may be the subject of
80	80	action by a local governmental entity.
81	81	(b) The commission may provide assistance to a local
82	82	governmental entity, a local government officer, or a person who
83	83	communicates directly with a local government officer to influence
84	84	an action of a local governmental entity or who enters or seeks to
85	85	enter into a contract with a local governmental entity by:
86	86	(1) developing software to facilitate electronic
87	87	filing of disclosure reports;
88	88	(2) accepting disclosure reports for electronic
89	89	filing;
90	90	(3) providing public access through the Internet to
91	91	electronic reports filed with the commission by:
92	92	(A) a local governmental entity;
93	93	(B) a local government officer;
94	94	(C) a candidate for an office of a local
95	95	governmental entity;
96	96	(D) a person who enters or seeks to enter into a
97	97	contract with a local governmental entity; or
98	98	(E) a person who communicates directly with a
99	99	local government officer to influence a matter that may be the
100	100	subject of action by a local governmental entity.
101	101	(c) The commission may enter into an intergovernmental
102	102	contract with a local governmental entity to provide the assistance
103	103	described by Subsection (a).
104	104	(d) The commission may adopt rules to implement this
105	105	section.
106	106	Sec. 571.204. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES
107	107	AND PERSONS. Unless expressly provided by this chapter, the
108	108	provisions of this chapter do not apply to:
109	109	(1) a local governmental entity;
110	110	(2) a local government officer;
111	111	(3) a candidate for an office of a local governmental
112	112	entity;
113	113	(4) a person who enters or seeks to enter into a
114	114	contract with a local governmental entity; or
115	115	(5) a person who communicates directly with a local
116	116	government officer to influence a matter that may be the subject of
117	117	action by a local governmental entity.
118	118	SECTION 3. This Act takes effect on September 1, 2009.