By: Burton S.B. No. 445
(In the Senate - Filed January 9, 2017; February 6, 2017,
read first time and referred to Committee on State Affairs;
April 3, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; April 3, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 445 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the authorization and reporting of expenditures for
lobbying activities by certain political subdivisions and other
public entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 140, Local Government Code, is amended
by adding Section 140.012 to read as follows:
Sec. 140.012. EXPENDITURES FOR LOBBYING ACTIVITIES.
(a) This section applies only to:
(1) a political subdivision that imposes a tax;
(2) a political subdivision or special district that
has the authority to issue bonds, including revenue bonds;
(3) a regional mobility authority;
(4) a transit authority;
(5) a regional tollway authority;
(6) a special purpose district;
(7) a public institution of higher education;
(8) a community college district;
(9) a utility owned by the state or a political
subdivision; or
(10) a river authority.
(b) A political subdivision or entity described by
Subsection (a) may spend money to directly or indirectly influence
or attempt to influence the outcome of any legislation pending
before the legislature only if the expenditure is authorized by a
majority vote of the governing body of the political subdivision or
entity in an open meeting of the governing body. The expenditure
must be voted on by the governing body as a stand-alone item on the
agenda at the meeting.
(c) A political subdivision or entity described by
Subsection (a) shall report to the Texas Ethics Commission and
publish on the political subdivision's or entity's Internet
website:
(1) the amount of money authorized under Subsection
(b) for the purpose of directly or indirectly influencing or
attempting to influence the outcome of any legislation pending
before the legislature;
(2) the name of any person required to register under
Chapter 305, Government Code, retained or employed by the political
subdivision or entity for the purpose described by Subdivision (1);
and
(3) an electronic copy of any contract for services
described by Subdivision (1) entered into by the political
subdivision or entity with each person listed under Subdivision
(2).
(d) In addition to the requirements of Subsection (c), the
political subdivision or entity described by Subsection (a) shall
report to the Texas Ethics Commission and publish on the political
subdivision's or entity's Internet website the amount of public
money spent for membership fees and dues of any nonprofit state
association or organization of similarly situated political
subdivisions or entities that directly or indirectly influences or
attempts to influence the outcome of any legislation pending before
the legislature.
(e) The Texas Ethics Commission shall make available to the
public an online searchable database on the commission's Internet
website containing the reports submitted to the commission under
Subsection (c).
(f) If any political subdivision or entity described by
Subsection (a) does not comply with the requirements of this
section, an interested party is entitled to appropriate injunctive
relief to prevent any further activity in violation of this
section. For purposes of this subsection, "interested party" means
a person who:
(1) is a taxpayer of a political subdivision or entity
described by Subsection (a); or
(2) is served by or receives services from a political
subdivision or entity described by Subsection (a).
SECTION 2. This Act takes effect September 1, 2017.
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