Texas 2017 - 85th Regular

Texas Senate Bill SB445 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Burton S.B. No. 445
2		-	(In the Senate - Filed January 9, 2017; February 6, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 3, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 2; April 3, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 445 By: Creighton
	1	+	By: Burton, et al. S.B. No. 445
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the authorization and reporting of expenditures for
14	7		lobbying activities by certain political subdivisions and other
15	8		public entities.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Chapter 140, Local Government Code, is amended
18	11		by adding Section 140.012 to read as follows:
19	12		Sec. 140.012. EXPENDITURES FOR LOBBYING ACTIVITIES.
20	13		(a) This section applies only to:
21	14		(1) a political subdivision that imposes a tax;
22	15		(2) a political subdivision or special district that
23	16		has the authority to issue bonds, including revenue bonds;
24	17		(3) a regional mobility authority;
25	18		(4) a transit authority;
26	19		(5) a regional tollway authority;
27	20		(6) a special purpose district;
28	21		(7) a public institution of higher education;
29	22		(8) a community college district;
30	23		(9) a utility owned by the state or a political
31	24		subdivision; or
32	25		(10) a river authority.
33	26		(b) A political subdivision or entity described by
34		-	Subsection (a) may spend money to directly or indirectly influence
35		-	or attempt to influence the outcome of any legislation pending
36		-	before the legislature only if the expenditure is authorized by a
37		-	majority vote of the governing body of the political subdivision or
38		-	entity in an open meeting of the governing body. The expenditure
39		-	must be voted on by the governing body as a stand-alone item on the
40		-	agenda at the meeting.
	27	+	Subsection (a) may enter into a contract to spend money to directly
	28	+	or indirectly influence or attempt to influence the outcome of any
	29	+	legislation only if the contract, purpose of the contract,
	30	+	recipient of the contract, and amount of the contract expenditure
	31	+	are authorized by a majority vote of the governing body of the
	32	+	political subdivision or entity in an open meeting of the governing
	33	+	body. The contract expenditure must be voted on by the governing
	34	+	body as a stand-alone item on the agenda at the meeting. The
	35	+	governing body may approve multiple contract expenditures for the
	36	+	purpose described by this subsection by a single vote of the
	37	+	governing body, if the total amount of those expenditures is stated
	38	+	as a separate item on the meeting agenda.
41	39		(c) A political subdivision or entity described by
42	40		Subsection (a) shall report to the Texas Ethics Commission and
43	41		publish on the political subdivision's or entity's Internet
44	42		website:
45	43		(1) the amount of money authorized under Subsection
46	44		(b) for the purpose of directly or indirectly influencing or
47	45		attempting to influence the outcome of any legislation pending
48	46		before the legislature;
49	47		(2) the name of any person required to register under
50	48		Chapter 305, Government Code, retained or employed by the political
51	49		subdivision or entity for the purpose described by Subdivision (1);
52	50		and
53	51		(3) an electronic copy of any contract for services
54	52		described by Subdivision (1) entered into by the political
55	53		subdivision or entity with each person listed under Subdivision
56	54		(2).
57	55		(d) In addition to the requirements of Subsection (c), the
58	56		political subdivision or entity described by Subsection (a) shall
59	57		report to the Texas Ethics Commission and publish on the political
60	58		subdivision's or entity's Internet website the amount of public
61	59		money spent for membership fees and dues of any nonprofit state
62	60		association or organization of similarly situated political
63	61		subdivisions or entities that directly or indirectly influences or
64	62		attempts to influence the outcome of any legislation pending before
65	63		the legislature.
66	64		(e) The Texas Ethics Commission shall make available to the
67	65		public an online searchable database on the commission's Internet
68	66		website containing the reports submitted to the commission under
69	67		Subsection (c).
70	68		(f) If any political subdivision or entity described by
71	69		Subsection (a) does not comply with the requirements of this
72	70		section, an interested party is entitled to appropriate injunctive
73	71		relief to prevent any further activity in violation of this
74	72		section. For purposes of this subsection, "interested party" means
75	73		a person who:
76	74		(1) is a taxpayer of a political subdivision or entity
77	75		described by Subsection (a); or
78	76		(2) is served by or receives services from a political
79	77		subdivision or entity described by Subsection (a).
	78	+	(g) This section does not apply to expenditures or contracts
	79	+	of a political subdivision or entity described by Subsection (a)
	80	+	that are related to a person who is a full-time employee of the
	81	+	political subdivision or entity, or to the reimbursement of
	82	+	expenses for a full-time employee of the political subdivision or
	83	+	entity.
80	84		SECTION 2. This Act takes effect September 1, 2017.
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