81R9702 ESH-F
By: McCall H.B. No. 4033
A BILL TO BE ENTITLED
AN ACT
relating to filing with the Texas Ethics Commission disclosure
reports relating to political contributions and political
expenditures made in connection with offices and measures of local
governmental entities and to contracts with or attempts to
influence the actions of local governmental entities.
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 COMMUNICATIONS
OR BUSINESS WITH LOCAL GOVERNMENTAL ENTITY
Sec. 305.051. DEFINITIONS. In this subchapter:
(1) "Conflict of interest report" means:
(A) a conflicts disclosure statement required
under Section 176.003, Local Government Code; or
(B) a conflict of interest questionnaire
required under Section 176.006, Local Government Code.
(2) "Local government employee" means an employee of a
local governmental entity.
(3) "Local governmental entity" and "local government
officer" have the meanings assigned by Section 176.001, 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 or local government employee 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 CONFLICT OF INTEREST REPORTS WITH
COMMISSION. Regardless of whether a local governmental entity has
entered into an intergovernmental contract authorized by
Subchapter G, Chapter 571, a person required to file a conflict of
interest report 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,
a person who files a conflict of interest report with the commission
pursuant to this subsection must also file the report with the local
governmental entity.
Sec. 305.054. VOLUNTARY REPORTING OF EXPENDITURES TO
INFLUENCE LOCAL GOVERNMENTAL ACTION. (a) A person may report to
the commission expenditures made to communicate directly with a
local government officer or local government employee to influence
a matter that may be the subject of action by a local governmental
entity.
(b) Expenditures that are voluntarily reported 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 OFFICERS
Sec. 571.201. PURPOSE. The purpose of this subchapter is to
further the objective of fully disclosing information related to
political contributions and political expenditures made in
connection with offices and measures of local governmental entities
and to expenditures for petitioning local governmental entities by
allowing a local governmental entity, a candidate for or holder of
an office of a local governmental entity, or a person who petitions
a local governmental entity to use the commission's software and
other commission resources to file disclosure reports of
contributions and expenditures, including those reports of
expenditures provided voluntarily under Section 305.054 or
required by state law or a rule or ordinance adopted by a local
governmental entity.
Sec. 571.202. DEFINITIONS. In this subchapter:
(1) "Communicates directly with" has the meaning
assigned by Section 305.002.
(2) "Conflict of interest report" has the meaning
assigned by Section 305.051.
(3) "Local government employee" means an employee of a
local governmental entity.
(4) "Local governmental entity" and "local government
officer" have the meanings assigned by Section 176.001, Local
Government Code.
(5) "Political contribution," "political
expenditure," and "specific-purpose committee" have the meanings
assigned by Section 251.001, Election Code.
Sec. 571.203. USE OF COMMISSION SOFTWARE AND RESOURCES.
(a) To fulfill the purpose of this subchapter and to facilitate
filing of disclosure statements and reports provided voluntarily
under Section 305.054 or required under state law or a rule or
ordinance adopted by a local governmental entity, including reports
of political contributions and political expenditures required
under Chapter 254, Election Code, financial statements required
under Chapters 145 and 159, Local Government Code, and conflict of
interest reports required under Chapter 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 candidate for an office of a local governmental
entity;
(4) a specific-purpose committee for supporting or
opposing a candidate for an office of a local governmental entity,
assisting a local government officer, or supporting or opposing a
measure proposed by a local governmental entity;
(5) a person who enters or seeks to enter into a
contract with a local governmental entity; or
(6) a person who communicates directly with a local
government officer or local government employee 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, a candidate for an
office of a local governmental entity, a specific-purpose
committee, or a person who communicates directly with a local
government officer or local government employee 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 statements and reports;
(2) accepting disclosure statements and reports for
electronic filing; and
(3) providing public access through the Internet to
electronic disclosure statements and 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 specific-purpose committee for supporting
or opposing a candidate for an office of a local governmental
entity, assisting a local government officer, or supporting or
opposing a measure proposed by a local governmental entity;
(E) a person who enters or seeks to enter into a
contract with a local governmental entity; or
(F) a person who communicates directly with a
local government officer or local government employee 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).
Sec. 571.204. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES
AND PERSONS. Unless expressly provided by this chapter, the
provisions of Subchapters A-F do not apply to the filing of a
disclosure statement or report under this subchapter.
SECTION 3. This Act takes effect September 1, 2009.