Texas 2019 - 86th Regular

Texas Senate Bill SB703 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2672 SOS-D
2	2	By: Bettencourt S.B. No. 703
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting by local governmental entities of
8	8	expenditures for lobbying; providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 571.061(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) The commission shall administer and enforce:
13	13	(1) Chapters 302, 303, 305, 572, and 2004;
14	14	(1-a) Chapter 139, Local Government Code;
15	15	(2) Subchapter C, Chapter 159, Local Government Code,
16	16	in connection with a county judicial officer, as defined by Section
17	17	159.051, Local Government Code, who elects to file a financial
18	18	statement with the commission;
19	19	(3) Title 15, Election Code; and
20	20	(4) Sections 2152.064 and 2155.003.
21	21	SECTION 2. Section 571.073, Government Code, is amended to
22	22	read as follows:
23	23	Sec. 571.073. REPORT. On or before December 31 of each
24	24	even-numbered year, the commission shall report to the governor and
25	25	legislature. The report must include:
26	26	(1) each advisory opinion issued by the commission
27	27	under Subchapter D in the preceding two years;
28	28	(2) a summary of commission activities in the
29	29	preceding two years, including:
30	30	(A) the number of sworn complaints filed with the
31	31	commission;
32	32	(B) the number of sworn complaints dismissed for
33	33	noncompliance with statutory form requirements;
34	34	(C) the number of sworn complaints dismissed for
35	35	lack of jurisdiction;
36	36	(D) the number of sworn complaints dismissed
37	37	after a finding of no credible evidence of a violation;
38	38	(E) the number of sworn complaints dismissed
39	39	after a finding of a lack of sufficient evidence to determine
40	40	whether a violation within the jurisdiction of the commission has
41	41	occurred;
42	42	(F) the number of sworn complaints resolved by
43	43	the commission through an agreed order;
44	44	(G) the number of sworn complaints in which the
45	45	commission issued an order finding a violation and the resulting
46	46	penalties, if any; and
47	47	(H) the number and amount of civil penalties
48	48	imposed for failure to timely file a statement or report, the number
49	49	and amount of those civil penalties fully paid, the number and
50	50	amount of those civil penalties partially paid, and the number and
51	51	amount of those civil penalties no part of which has been paid, for
52	52	each of the following category of statements and reports, listed
53	53	separately:
54	54	(i) financial statements required to be
55	55	filed under Chapter 572;
56	56	(ii) political contribution and
57	57	expenditure reports required to be filed under Section 254.063,
58	58	254.093, 254.123, 254.153, or 254.157, Election Code;
59	59	(iii) political contribution and
60	60	expenditure reports required to be filed under Section 254.064(b),
61	61	254.124(b), or 254.154(b), Election Code;
62	62	(iv) political contribution and
63	63	expenditure reports required to be filed under Section 254.064(c),
64	64	254.124(c), or 254.154(c), Election Code;
65	65	(v) political contribution and expenditure
66	66	reports required to be filed under Section 254.038 or 254.039,
67	67	Election Code; [and]
68	68	(vi) political contribution and
69	69	expenditure reports required to be filed under Section 254.0391,
70	70	Election Code; and
71	71	(vii) statements of expenditures for
72	72	lobbying by a local governmental entity required to be filed under
73	73	Chapter 139, Local Government Code; and
74	74	(3) recommendations for any necessary statutory
75	75	changes.
76	76	SECTION 3. Section 571.091(a), Government Code, is amended
77	77	to read as follows:
78	78	(a) The commission shall prepare a written opinion
79	79	answering the request of a person subject to any of the following
80	80	laws for an opinion about the application of any of these laws to
81	81	the person in regard to a specified existing or hypothetical
82	82	factual situation:
83	83	(1) Chapter 302;
84	84	(2) Chapter 303;
85	85	(3) Chapter 305;
86	86	(4) Chapter 2004;
87	87	(5) Chapter 572;
88	88	(5-a) Chapter 139, Local Government Code;
89	89	(6) Subchapter C, Chapter 159, Local Government Code,
90	90	as provided by Section 571.061(a)(2);
91	91	(7) Title 15, Election Code;
92	92	(8) Chapter 36, Penal Code;
93	93	(9) Chapter 39, Penal Code;
94	94	(10) Section 2152.064; or
95	95	(11) Section 2155.003.
96	96	SECTION 4. Subtitle C, Title 4, Local Government Code, is
97	97	amended by adding Chapter 139 to read as follows:
98	98	CHAPTER 139. REPORTING OF EXPENDITURES FOR LOBBYING BY LOCAL
99	99	GOVERNMENTAL ENTITIES
100	100	Sec. 139.001. DEFINITIONS. In this chapter:
101	101	(1) "Commission" means the Texas Ethics Commission.
102	102	(2) "Lobbying" means communicating directly with a
103	103	member of the legislative or executive branch for the purpose of
104	104	influencing legislative action on behalf of a person by whom an
105	105	individual is compensated or reimbursed.
106	106	(3) "Local governmental entity" means a county,
107	107	municipality, school district, or hospital district. The term does
108	108	not include a junior college district.
109	109	Sec. 139.002. STATEMENT OF EXPENDITURES FOR LOBBYING. (a)
110	110	In accordance with Subsection (b), the governing body of a local
111	111	governmental entity shall file with the commission a statement that
112	112	clearly and concisely shows the local governmental entity's total
113	113	expenditures for lobbying activities during the period covered by
114	114	the statement, including:
115	115	(1) the full name, business name, and business address
116	116	of each person required to register under Chapter 305, Government
117	117	Code, with whom the local governmental entity has contracted to
118	118	perform lobbying activities; and
119	119	(2) the total contract amount paid to each person
120	120	required to register under Chapter 305, Government Code, for
121	121	lobbying activities on behalf of the local governmental entity.
122	122	(b) A local governmental entity shall file two statements
123	123	each odd-numbered year as follows:
124	124	(1) the first statement shall be filed not later than
125	125	January 15 of each odd-numbered year and cover the period beginning
126	126	July 1 of the preceding odd-numbered year and ending December 31 of
127	127	the preceding even-numbered year; and
128	128	(2) the second statement shall be filed not later than
129	129	July 31 of each odd-numbered year and cover the period beginning
130	130	January 1 and ending June 30 of the year in which the statement is
131	131	filed.
132	132	(c) A local governmental entity shall post each statement
133	133	filed under this section on an easily accessible page on the
134	134	entity's Internet website.
135	135	Sec. 139.003. TIMELINESS OF FILING. (a) The deadline for
136	136	filing a statement of expenditures for lobbying required by Section
137	137	139.002 is 5 p.m. of the last day designated in the applicable
138	138	provision for filing the statement.
139	139	(b) If the last day for filing the statement of expenditures
140	140	for lobbying is a Saturday, Sunday, or holiday included under
141	141	Subchapter B, Chapter 662, the statement is timely if filed on the
142	142	next day that is not a Saturday, Sunday, or listed holiday.
143	143	(c) A statement of expenditures for lobbying is timely filed
144	144	if it is properly addressed and placed in the United States Postal
145	145	Service or in the hands of a common or contract carrier not later
146	146	than the last day for filing the statement. The post office
147	147	cancellation mark or the receipt mark of a common or contract
148	148	carrier is prima facie evidence of the date the statement was
149	149	deposited with the postal service or carrier. The local
150	150	governmental entity filing the statement may show by competent
151	151	evidence that the actual date of posting was different from that
152	152	shown by the marks.
153	153	Sec. 139.004. CIVIL PENALTY. (a) The commission shall
154	154	determine from any available evidence whether a statement of
155	155	expenditures for lobbying required to be filed under Section
156	156	139.002 is late. On making a determination that the statement is
157	157	late, the commission shall immediately mail a notice of the
158	158	determination to the governing body of the local governmental
159	159	entity responsible for filing the statement and to the appropriate
160	160	attorney for the state.
161	161	(b) If a statement is determined to be late, the local
162	162	governmental entity is liable to the state for a civil penalty of
163	163	$500. If a statement is more than 30 days late, the commission
164	164	shall issue a warning of liability by registered mail to the
165	165	governing body of the local governmental entity responsible for the
166	166	filing. If the penalty is not paid before the 10th day after the
167	167	date on which the warning is received, the local governmental
168	168	entity is liable for a civil penalty in an amount determined by
169	169	commission rule, but not to exceed $10,000.
170	170	Sec. 139.005. RULES. The commission shall adopt rules
171	171	necessary to implement this chapter, including rules prescribing
172	172	the form of a statement of expenditures for lobbying required by
173	173	Section 139.002.
174	174	SECTION 5. (a) Not later than December 1, 2019, the Texas
175	175	Ethics Commission shall adopt rules required by Section 139.005,
176	176	Local Government Code, as added by this Act.
177	177	(b) Notwithstanding Section 139.002, Local Government Code,
178	178	as added by this Act, the initial statement of expenditures for
179	179	lobbying activities required to be filed by that section on January
180	180	15, 2021, must cover the period beginning January 1, 2020, and
181	181	ending December 31, 2020.
182	182	SECTION 6. This Act takes effect immediately if it receives
183	183	a vote of two-thirds of all the members elected to each house, as
184	184	provided by Section 39, Article III, Texas Constitution. If this
185	185	Act does not receive the vote necessary for immediate effect, this
186	186	Act takes effect September 1, 2019.