Texas 2009 - 81st Regular

Texas House Bill HB4033 Compare Versions

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1	1	81R9702 ESH-F
2	2	By: McCall H.B. No. 4033
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to filing with the Texas Ethics Commission disclosure
8	8	reports relating to political contributions and political
9	9	expenditures made in connection with offices and measures of local
10	10	governmental entities and to contracts with or attempts to
11	11	influence the actions of local governmental entities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 305, Government Code, is amended by
14	14	adding Subchapter D to read as follows:
15	15	SUBCHAPTER D. REPORTS RELATING TO COMMUNICATIONS
16	16	OR BUSINESS WITH LOCAL GOVERNMENTAL ENTITY
17	17	Sec. 305.051. DEFINITIONS. In this subchapter:
18	18	(1) "Conflict of interest report" means:
19	19	(A) a conflicts disclosure statement required
20	20	under Section 176.003, Local Government Code; or
21	21	(B) a conflict of interest questionnaire
22	22	required under Section 176.006, Local Government Code.
23	23	(2) "Local government employee" means an employee of a
24	24	local governmental entity.
25	25	(3) "Local governmental entity" and "local government
26	26	officer" have the meanings assigned by Section 176.001, Local
27	27	Government Code.
28	28	Sec. 305.052. APPLICABILITY OF CHAPTER. Unless expressly
29	29	provided by this chapter, the provisions of this chapter do not
30	30	apply to a person who communicates directly with a local government
31	31	officer or local government employee to influence an action of a
32	32	local governmental entity or who enters or seeks to enter into a
33	33	contract with a local governmental entity.
34	34	Sec. 305.053. FILING CONFLICT OF INTEREST REPORTS WITH
35	35	COMMISSION. Regardless of whether a local governmental entity has
36	36	entered into an intergovernmental contract authorized by
37	37	Subchapter G, Chapter 571, a person required to file a conflict of
38	38	interest report may file the report with the commission. If a local
39	39	governmental entity has not entered into an intergovernmental
40	40	contract with the commission pursuant to Subchapter G, Chapter 571,
41	41	a person who files a conflict of interest report with the commission
42	42	pursuant to this subsection must also file the report with the local
43	43	governmental entity.
44	44	Sec. 305.054. VOLUNTARY REPORTING OF EXPENDITURES TO
45	45	INFLUENCE LOCAL GOVERNMENTAL ACTION. (a) A person may report to
46	46	the commission expenditures made to communicate directly with a
47	47	local government officer or local government employee to influence
48	48	a matter that may be the subject of action by a local governmental
49	49	entity.
50	50	(b) Expenditures that are voluntarily reported pursuant to
51	51	this section are considered to be expenditures made and reported in
52	52	accordance with this chapter.
53	53	SECTION 2. Chapter 571, Government Code, is amended by
54	54	adding Subchapter G to read as follows:
55	55	SUBCHAPTER G. REPORTING RELATED TO
56	56	LOCAL GOVERNMENTAL ENTITIES AND OFFICERS
57	57	Sec. 571.201. PURPOSE. The purpose of this subchapter is to
58	58	further the objective of fully disclosing information related to
59	59	political contributions and political expenditures made in
60	60	connection with offices and measures of local governmental entities
61	61	and to expenditures for petitioning local governmental entities by
62	62	allowing a local governmental entity, a candidate for or holder of
63	63	an office of a local governmental entity, or a person who petitions
64	64	a local governmental entity to use the commission's software and
65	65	other commission resources to file disclosure reports of
66	66	contributions and expenditures, including those reports of
67	67	expenditures provided voluntarily under Section 305.054 or
68	68	required by state law or a rule or ordinance adopted by a local
69	69	governmental entity.
70	70	Sec. 571.202. DEFINITIONS. In this subchapter:
71	71	(1) "Communicates directly with" has the meaning
72	72	assigned by Section 305.002.
73	73	(2) "Conflict of interest report" has the meaning
74	74	assigned by Section 305.051.
75	75	(3) "Local government employee" means an employee of a
76	76	local governmental entity.
77	77	(4) "Local governmental entity" and "local government
78	78	officer" have the meanings assigned by Section 176.001, Local
79	79	Government Code.
80	80	(5) "Political contribution," "political
81	81	expenditure," and "specific-purpose committee" have the meanings
82	82	assigned by Section 251.001, Election Code.
83	83	Sec. 571.203. USE OF COMMISSION SOFTWARE AND RESOURCES.
84	84	(a) To fulfill the purpose of this subchapter and to facilitate
85	85	filing of disclosure statements and reports provided voluntarily
86	86	under Section 305.054 or required under state law or a rule or
87	87	ordinance adopted by a local governmental entity, including reports
88	88	of political contributions and political expenditures required
89	89	under Chapter 254, Election Code, financial statements required
90	90	under Chapters 145 and 159, Local Government Code, and conflict of
91	91	interest reports required under Chapter 176, Local Government Code,
92	92	the commission may allow the use of commission software and
93	93	resources by:
94	94	(1) a local governmental entity;
95	95	(2) a local government officer;
96	96	(3) a candidate for an office of a local governmental
97	97	entity;
98	98	(4) a specific-purpose committee for supporting or
99	99	opposing a candidate for an office of a local governmental entity,
100	100	assisting a local government officer, or supporting or opposing a
101	101	measure proposed by a local governmental entity;
102	102	(5) a person who enters or seeks to enter into a
103	103	contract with a local governmental entity; or
104	104	(6) a person who communicates directly with a local
105	105	government officer or local government employee to influence a
106	106	matter that may be the subject of action by a local governmental
107	107	entity.
108	108	(b) The commission may provide assistance to a local
109	109	governmental entity, a local government officer, a candidate for an
110	110	office of a local governmental entity, a specific-purpose
111	111	committee, or a person who communicates directly with a local
112	112	government officer or local government employee to influence an
113	113	action of a local governmental entity or who enters or seeks to
114	114	enter into a contract with a local governmental entity by:
115	115	(1) developing software to facilitate electronic
116	116	filing of disclosure statements and reports;
117	117	(2) accepting disclosure statements and reports for
118	118	electronic filing; and
119	119	(3) providing public access through the Internet to
120	120	electronic disclosure statements and reports filed with the
121	121	commission by:
122	122	(A) a local governmental entity;
123	123	(B) a local government officer;
124	124	(C) a candidate for an office of a local
125	125	governmental entity;
126	126	(D) a specific-purpose committee for supporting
127	127	or opposing a candidate for an office of a local governmental
128	128	entity, assisting a local government officer, or supporting or
129	129	opposing a measure proposed by a local governmental entity;
130	130	(E) a person who enters or seeks to enter into a
131	131	contract with a local governmental entity; or
132	132	(F) a person who communicates directly with a
133	133	local government officer or local government employee to influence
134	134	a matter that may be the subject of action by a local governmental
135	135	entity.
136	136	(c) The commission may enter into an intergovernmental
137	137	contract with a local governmental entity to provide the assistance
138	138	described by Subsection (a).
139	139	Sec. 571.204. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES
140	140	AND PERSONS. Unless expressly provided by this chapter, the
141	141	provisions of Subchapters A-F do not apply to the filing of a
142	142	disclosure statement or report under this subchapter.
143	143	SECTION 3. This Act takes effect September 1, 2009.