81R27020 ESH-F
By: McCall H.B. No. 4033
Substitute the following for H.B. No. 4033:
By: Brown of Kaufman C.S.H.B. No. 4033
A BILL TO BE ENTITLED
AN ACT
relating to the provision of assistance by the Texas Ethics
Commission in the reporting of political contributions and
expenditures made in connection with offices of and measures
proposed by local governmental entities and of expenditures made in
connection with 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
WITH LOCAL GOVERNMENTAL ENTITY
Sec. 305.051. DEFINITIONS. In this subchapter:
(1) "Local government employee" means an employee of a
local governmental entity.
(2) "Local governmental entity" and "local government
officer" have the meanings assigned by Section 571.202.
Sec. 305.052. APPLICABILITY OF CHAPTER. (a) Unless
expressly provided by this chapter, the provisions of this chapter
do not apply to:
(1) a person who communicates directly with a local
government officer or local government employee to influence an
action of a local governmental entity; or
(2) a local government officer or local government
employee.
(b) Unless expressly provided by this chapter, the
provisions of this chapter are in addition to and do not supersede,
modify, or change:
(1) existing rules or ordinances of a local
governmental entity; or
(2) another statute that applies to a local
governmental entity.
Sec. 305.053. VOLUNTARY REPORTING OF EXPENDITURES TO
INFLUENCE LOCAL GOVERNMENTAL ACTION. (a) A person may report to
the commission in an electronic format 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 as provided
by this section and that are not otherwise prohibited under this
chapter or Chapter 36, Penal Code, are considered to be
expenditures made and reported in accordance with this chapter if
the expenditures:
(1) comply with the restrictions prescribed by
Sections 305.024(a) and (c) that apply to expenditures to
communicate directly to a member of the legislative or executive
branch to influence legislation, including:
(A) the annual limits prescribed under Sections
305.024(a)(2)(B) and (C) for expenditures for entertainment and
gifts; and
(B) the limit prescribed by Section
305.024(a)(2)(D) for an expenditure for an award or memento; and
(2) are reported in compliance with the requirements
for detailed reporting prescribed by Section 305.0061 that apply to
expenditures to communicate directly to a member of the legislative
or executive branch to influence legislation.
(c) For the purposes of this section:
(1) in applying a provision of this chapter to which
this section refers, the term "member of the legislative or
executive branch" means "local government officer or local
government employee";
(2) any restriction that is applicable to an annual
limit is calculated on a calendar year basis;
(3) a person filing a voluntary report is not
considered a person registered under this chapter;
(4) the expenditures shall be reported in the
categories listed in Section 305.006(b) and comply with the
provisions of Sections 305.006(e) and (f); and
(5) the expenditures shall comply with the provisions
of Sections 305.0062(b), (c), and (d) and be reported in the
following categories by group:
(A) local government officers;
(B) local government employees;
(C) immediate family as defined by Section
305.002(11) of an individual described by Paragraph (A) or (B); and
(D) guests, when invited by an individual
described by Paragraph (A) or (B).
(d) A voluntary report under this section must be filed
between the 1st and the 10th day of the month following the month in
which:
(1) one or more reportable expenditures are made; and
(2) the amounts of the expenditures are readily
determinable as provided by, if applicable, Sections 305.0071(b)
and (c).
(e) A report filed under this section is subject to Section
571.0771(a).
(f) Section 571.061 and Subchapters D, E, and F, Chapter
571, do not apply to a report filed under this section.
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 expenditures made in connection with
offices of and measures proposed by 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 related
specific-purpose committee, or a person who petitions a local
governmental entity to use the commission's software and other
commission resources to file reports of political contributions and
expenditures required by Title 15, Election Code, or reports of
expenditures provided voluntarily under Section 305.053.
Sec. 571.202. DEFINITIONS. In this subchapter:
(1) "Communicates directly with" has the meaning
assigned by Section 305.002.
(2) "Local governmental entity" means a county,
municipality, school district, junior college district, or other
political subdivision of this state or a local government
corporation, board, commission, district, or authority to which a
member is appointed by the commissioners court of a county, the
mayor of a municipality, or the governing body of a
municipality. The term does not include an association,
corporation, or organization of governmental entities organized to
provide to its members education, assistance, products, or services
or to represent its members before the legislative, administrative,
or judicial branches of the state or federal government.
(3) "Local government officer" means:
(A) a member of the governing body of a local
governmental entity; or
(B) a director, superintendent, administrator,
president, or other person designated as the executive officer of a
local governmental entity.
(4) "Measure," "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
voluntary filing of reports of political contributions and
expenditures required by Title 15, Election Code, and of reports
provided voluntarily under Section 305.053, 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; or
(5) 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 by:
(1) developing software to facilitate electronic
filing of reports of:
(A) political contributions and expenditures;
and
(B) expenditures made by a person who
communicates directly with a local government officer or local
government employee to influence an action of a local governmental
entity;
(2) maintaining a database for electronic publishing
and filing reports of:
(A) political contributions and expenditures;
and
(B) expenditures made by a person who
communicates directly with a local government officer or local
government employee to influence an action of a local governmental
entity;
(3) providing public access through the commission's
Internet website to electronic reports of political contributions
and expenditures filed by:
(A) a local governmental entity;
(B) a local government officer;
(C) a candidate for an office of a local
governmental entity; or
(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; and
(4) providing public access through the commission's
Internet website to electronic reports of expenditures filed by 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 (b).
(d) The commission shall maintain and make available
through the Internet a searchable database that includes the
information in electronic reports filed under this subchapter.
(e) Subsection (d) applies beginning January 1, 2010.
Subsection (d) and this subsection expire January 15, 2010.
SECTION 3. This Act takes effect September 1, 2009.