TX
Texas Senate Bill SB10

Texas 2021 - 87th Regular

Texas Senate Bill SB10 Compare Versions

OldNewDifferences
1-87R22529 JG-D
21 By: Bettencourt, et al. S.B. No. 10
3- (Paddie)
4- Substitute the following for S.B. No. 10: No.
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to certain requirements applicable to political
10- subdivisions and other entities that engage in lobbying and to the
11- applicability of lobbyist registration requirements to a person who
12- provides legal services to a political subdivision.
6+ relating to the use by a county or municipality of public money for
7+ lobbying activities.
138 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14- SECTION 1. Section 305.003, Government Code, is amended by
15- adding Subsection (b-5) to read as follows:
16- (b-5) This section does not require a person to register if
17- the person has established an attorney-client relationship with a
18- political subdivision to provide legal services and receives or is
19- entitled to receive compensation, reimbursement, or expenses under
20- an agreement under which the person is retained or employed by the
21- political subdivision.
22- SECTION 2. Chapter 556, Government Code, is amended by
9+ SECTION 1. Chapter 556, Government Code, is amended by
2310 adding Section 556.0056 to read as follows:
24- Sec. 556.0056. RESTRICTIONS ON LOBBYING EXPENDITURES AND
25- REIMBURSEMENTS BY CERTAIN POLITICAL SUBDIVISIONS AND OTHER
26- ENTITIES. (a) This section applies only to a:
27- (1) political subdivision that imposes a tax;
28- (2) political subdivision or special district that has
29- the authority to issue bonds, including revenue bonds;
30- (3) regional mobility authority;
31- (4) transit authority;
32- (5) regional tollway authority;
33- (6) special purpose district, including a municipal
34- utility district and a municipal management district;
35- (7) public institution of higher education;
36- (8) community college district;
37- (9) publicly owned utility; and
38- (10) river authority or water supply corporation.
39- (b) The governing body of a political subdivision or other
40- entity to which this section applies may not spend public money or
41- provide other compensation to contract with a person required to
42- register as a lobbyist under Chapter 305 to communicate directly
43- with one or more members of the legislative branch to influence
44- legislation pending before the legislature unless the expenditure
45- is:
46- (1) authorized by a majority vote of the governing
47- body of the political subdivision or entity in an open meeting of
48- the governing body; and
49- (2) voted on by the governing body as a stand-alone
50- item on the agenda at the meeting.
51- (c) A political subdivision or other entity to which this
52- section applies that contracts with a person required to register
53- as a lobbyist under Chapter 305 in accordance with this section must
54- publish on the political subdivision's or entity's Internet
55- website:
56- (1) the amount of money authorized under Subsection
57- (b) for the purpose of contracting with the person;
58- (2) the name of the person;
59- (3) a copy of the contract;
60- (4) the amount of money, if any, spent by the political
61- subdivision or entity for membership fees or dues to a nonprofit
62- state association or organization of similarly situated political
63- subdivisions or entities that contracts with a person required to
64- register as a lobbyist under Chapter 305; and
65- (5) a copy of any current legislative agenda or
66- resolution adopted by the political subdivision or entity.
67- (d) A person required to register as a lobbyist under
68- Chapter 305 that contracts with a political subdivision or other
69- entity to which this section applies in accordance with this
70- section may not communicate directly with a member of the
71- legislative branch on behalf of the political subdivision or entity
72- regarding legislation pending before the legislature that
73- specifically proposes to amend Section 26.04(c) or 26.041(c), Tax
74- Code.
75- (e) Notwithstanding other law, a political subdivision or
76- other entity to which this section applies may not provide
77- reimbursement to a person required to register as a lobbyist under
78- Chapter 305 for an expenditure made by the person for food,
79- beverages, or entertainment.
80- (f) If a political subdivision or other entity to which this
81- section applies does not comply with the requirements of this
82- section, a resident of or person receiving services from the
83- political subdivision or entity may file a sworn complaint with the
84- Texas Ethics Commission against the political subdivision or entity
85- in accordance with Section 571.122.
86- (g) This section does not prevent an officer or employee of
87- a political subdivision or other entity to which this section
88- applies from:
89- (1) providing information for a member of the
90- legislative branch;
91- (2) appearing before a legislative committee; or
92- (3) communicating directly with one or more members of
93- the legislative branch to influence legislation pending before the
94- legislature.
95- SECTION 3. Section 2254.030, Government Code, is repealed.
96- SECTION 4. Section 556.0056, Government Code, as added by
97- this Act, applies only to a payment or other compensation described
98- by that section made under a contract entered into on or after the
99- effective date of this Act. A contract entered into before the
100- effective date of this Act under which a payment or other
101- compensation described by that section is made is governed by the
102- law in effect on the date the contract was entered into, and the
103- former law is continued in effect for that purpose.
104- SECTION 5. This Act takes effect September 1, 2021.
11+ Sec. 556.0056. RESTRICTIONS ON LOBBYING ACTIVITIES BY
12+ COUNTIES AND MUNICIPALITIES. (a) The governing body of a county or
13+ municipality may not spend public money or provide compensation in
14+ any manner to directly or indirectly influence or attempt to
15+ influence the outcome of any legislation pending before the
16+ legislature. This subsection does not prevent:
17+ (1) an officer or employee of a county or municipality
18+ from providing information for a member of the legislature or
19+ appearing before a legislative committee;
20+ (2) an elected officer of a county or municipality
21+ from advocating for or against or otherwise influencing or
22+ attempting to influence the outcome of legislation pending before
23+ the legislature, including testifying before a legislative
24+ committee;
25+ (3) an employee of a county or municipality from
26+ advocating for or against or otherwise influencing or attempting to
27+ influence the outcome of legislation pending before the legislature
28+ if those actions would not require a person to register as a
29+ lobbyist under Chapter 305;
30+ (4) a county or municipality from reimbursing an
31+ officer or employee of the county or municipality for direct travel
32+ expenses incurred by the officer or employee for engaging in an
33+ activity authorized by Subdivision (1), (2), or (3);
34+ (5) a county or municipality from paying fees or dues
35+ or providing compensation in any manner to a nonprofit state
36+ association or organization that advocates for or against or
37+ otherwise influences or attempts to influence the outcome of
38+ legislation pending before the legislature on the collective behalf
39+ of counties or municipalities in this state, unless the association
40+ or organization:
41+ (A) pays or otherwise compensates an individual
42+ required to register as a lobbyist under Chapter 305 for a purpose
43+ described by this subdivision, not including a full-time employee
44+ of the association or organization; or
45+ (B) advocates for or against or otherwise
46+ influences or attempts to influence the outcome of legislation
47+ pending before the legislature related to property taxation,
48+ including the implementation, rates, and administration of
49+ property taxes; or
50+ (6) a county or municipality from spending public
51+ money or providing compensation to an individual required to
52+ register as a lobbyist under Chapter 305 for the purpose of
53+ influencing or attempting to influence the outcome of legislation
54+ pending before the legislature related to the military, military
55+ service members, or military veterans.
56+ (b) A county or municipality may not establish a nonprofit
57+ association or organization that advocates for or against or
58+ otherwise influences or attempts to influence the outcome of
59+ legislation pending before the legislature on the behalf of a
60+ county or municipality if the association or organization takes an
61+ action described by Subsection (a)(5)(A) or (B).
62+ (c) If a county or municipality engages in an activity
63+ prohibited by Subsection (a) or (b), a taxpayer or resident of the
64+ county or municipality is entitled to appropriate injunctive relief
65+ to prevent any further activity prohibited by those subsections.
66+ (d) A taxpayer or resident who prevails in an action under
67+ Subsection (c) is entitled to recover from the county or
68+ municipality, as applicable, the taxpayer's or resident's
69+ reasonable attorney's fees and costs incurred in bringing the
70+ action.
71+ SECTION 2. Section 556.0056, Government Code, as added by
72+ this Act, applies only to:
73+ (1) an expenditure or payment of money or provision of
74+ some other compensation by a county or municipality that is made on
75+ or after September 1, 2021; and
76+ (2) the establishment of a nonprofit association or
77+ organization that takes an action described by Subsection (a)(5)(A)
78+ or (B) of that section on or after September 1, 2021.
79+ SECTION 3. This Act takes effect September 1, 2021.