| 1 | 1 | | 86R547 ATP-D |
|---|
| 2 | 2 | | By: Middleton H.B. No. 3680 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authorization and reporting of expenditures for |
|---|
| 8 | 8 | | lobbying activities by certain political subdivisions and other |
|---|
| 9 | 9 | | public entities. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 140, Local Government Code, is amended |
|---|
| 12 | 12 | | by adding Section 140.012 to read as follows: |
|---|
| 13 | 13 | | Sec. 140.012. EXPENDITURES FOR LOBBYING ACTIVITIES. (a) |
|---|
| 14 | 14 | | This section applies only to a: |
|---|
| 15 | 15 | | (1) political subdivision that imposes a tax; |
|---|
| 16 | 16 | | (2) political subdivision or special district that has |
|---|
| 17 | 17 | | the authority to issue bonds, including revenue bonds; |
|---|
| 18 | 18 | | (3) regional mobility authority; |
|---|
| 19 | 19 | | (4) transit authority; |
|---|
| 20 | 20 | | (5) regional tollway authority; |
|---|
| 21 | 21 | | (6) special purpose district; |
|---|
| 22 | 22 | | (7) public institution of higher education; |
|---|
| 23 | 23 | | (8) community college district; |
|---|
| 24 | 24 | | (9) publicly owned utility; and |
|---|
| 25 | 25 | | (10) river authority. |
|---|
| 26 | 26 | | (b) A political subdivision or entity described by |
|---|
| 27 | 27 | | Subsection (a) may spend money to directly or indirectly influence |
|---|
| 28 | 28 | | or attempt to influence the outcome of any legislation pending |
|---|
| 29 | 29 | | before the legislature only if the expenditure is authorized by a |
|---|
| 30 | 30 | | majority vote of the governing body of the political subdivision or |
|---|
| 31 | 31 | | entity in an open meeting of the governing body. The expenditure |
|---|
| 32 | 32 | | must be voted on by the governing body as a stand-alone item on the |
|---|
| 33 | 33 | | agenda at the meeting. |
|---|
| 34 | 34 | | (c) A political subdivision or entity described by |
|---|
| 35 | 35 | | Subsection (a) shall report to the Texas Ethics Commission and |
|---|
| 36 | 36 | | publish on the political subdivision's or entity's Internet |
|---|
| 37 | 37 | | website: |
|---|
| 38 | 38 | | (1) the amount of money authorized under Subsection |
|---|
| 39 | 39 | | (b) for the purpose of directly or indirectly influencing or |
|---|
| 40 | 40 | | attempting to influence the outcome of any legislation pending |
|---|
| 41 | 41 | | before the legislature; |
|---|
| 42 | 42 | | (2) the name of any person required to register under |
|---|
| 43 | 43 | | Chapter 305, Government Code, retained or employed by the political |
|---|
| 44 | 44 | | subdivision or entity for the purpose described by Subdivision (1); |
|---|
| 45 | 45 | | and |
|---|
| 46 | 46 | | (3) an electronic copy of any contract for services |
|---|
| 47 | 47 | | for the purpose described by Subdivision (1) that is entered into by |
|---|
| 48 | 48 | | the political subdivision or entity with each person listed under |
|---|
| 49 | 49 | | Subdivision (2). |
|---|
| 50 | 50 | | (d) In addition to the requirements of Subsection (c), a |
|---|
| 51 | 51 | | political subdivision or entity described by Subsection (a) shall |
|---|
| 52 | 52 | | report to the Texas Ethics Commission and publish on the political |
|---|
| 53 | 53 | | subdivision's or entity's Internet website the amount of public |
|---|
| 54 | 54 | | money spent for membership fees and dues of any nonprofit state |
|---|
| 55 | 55 | | association or organization of similarly situated political |
|---|
| 56 | 56 | | subdivisions or entities that directly or indirectly influences or |
|---|
| 57 | 57 | | attempts to influence the outcome of any legislation pending before |
|---|
| 58 | 58 | | the legislature. |
|---|
| 59 | 59 | | (e) The Texas Ethics Commission shall make available to the |
|---|
| 60 | 60 | | public a searchable database on the commission's Internet website |
|---|
| 61 | 61 | | containing the reports submitted to the commission under Subsection |
|---|
| 62 | 62 | | (c). |
|---|
| 63 | 63 | | (f) If a political subdivision or entity described by |
|---|
| 64 | 64 | | Subsection (a) does not comply with the requirements of this |
|---|
| 65 | 65 | | section, an interested party is entitled to appropriate injunctive |
|---|
| 66 | 66 | | relief to prevent further activity in violation of this section. |
|---|
| 67 | 67 | | For purposes of this subsection, "interested party" means a person |
|---|
| 68 | 68 | | who: |
|---|
| 69 | 69 | | (1) is a taxpayer of the political subdivision or |
|---|
| 70 | 70 | | entity described by Subsection (a); or |
|---|
| 71 | 71 | | (2) is served by or receives services from the |
|---|
| 72 | 72 | | political subdivision or entity described by Subsection (a). |
|---|
| 73 | 73 | | SECTION 2. This Act takes effect September 1, 2019. |
|---|