87R22529 JG-D
By: Bettencourt, et al. S.B. No. 10
(Paddie)
Substitute the following for S.B. No. 10: No.
A BILL TO BE ENTITLED
AN ACT
relating to certain requirements applicable to political
subdivisions and other entities that engage in lobbying and to the
applicability of lobbyist registration requirements to a person who
provides legal services to a political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 305.003, Government Code, is amended by
adding Subsection (b-5) to read as follows:
(b-5) This section does not require a person to register if
the person has established an attorney-client relationship with a
political subdivision to provide legal services and receives or is
entitled to receive compensation, reimbursement, or expenses under
an agreement under which the person is retained or employed by the
political subdivision.
SECTION 2. Chapter 556, Government Code, is amended by
adding Section 556.0056 to read as follows:
Sec. 556.0056. RESTRICTIONS ON LOBBYING EXPENDITURES AND
REIMBURSEMENTS BY CERTAIN POLITICAL SUBDIVISIONS AND OTHER
ENTITIES. (a) This section applies only to a:
(1) political subdivision that imposes a tax;
(2) political subdivision or special district that has
the authority to issue bonds, including revenue bonds;
(3) regional mobility authority;
(4) transit authority;
(5) regional tollway authority;
(6) special purpose district, including a municipal
utility district and a municipal management district;
(7) public institution of higher education;
(8) community college district;
(9) publicly owned utility; and
(10) river authority or water supply corporation.
(b) The governing body of a political subdivision or other
entity to which this section applies may not spend public money or
provide other compensation to contract with a person required to
register as a lobbyist under Chapter 305 to communicate directly
with one or more members of the legislative branch to influence
legislation pending before the legislature unless the expenditure
is:
(1) authorized by a majority vote of the governing
body of the political subdivision or entity in an open meeting of
the governing body; and
(2) voted on by the governing body as a stand-alone
item on the agenda at the meeting.
(c) A political subdivision or other entity to which this
section applies that contracts with a person required to register
as a lobbyist under Chapter 305 in accordance with this section must
publish on the political subdivision's or entity's Internet
website:
(1) the amount of money authorized under Subsection
(b) for the purpose of contracting with the person;
(2) the name of the person;
(3) a copy of the contract;
(4) the amount of money, if any, spent by the political
subdivision or entity for membership fees or dues to a nonprofit
state association or organization of similarly situated political
subdivisions or entities that contracts with a person required to
register as a lobbyist under Chapter 305; and
(5) a copy of any current legislative agenda or
resolution adopted by the political subdivision or entity.
(d) A person required to register as a lobbyist under
Chapter 305 that contracts with a political subdivision or other
entity to which this section applies in accordance with this
section may not communicate directly with a member of the
legislative branch on behalf of the political subdivision or entity
regarding legislation pending before the legislature that
specifically proposes to amend Section 26.04(c) or 26.041(c), Tax
Code.
(e) Notwithstanding other law, a political subdivision or
other entity to which this section applies may not provide
reimbursement to a person required to register as a lobbyist under
Chapter 305 for an expenditure made by the person for food,
beverages, or entertainment.
(f) If a political subdivision or other entity to which this
section applies does not comply with the requirements of this
section, a resident of or person receiving services from the
political subdivision or entity may file a sworn complaint with the
Texas Ethics Commission against the political subdivision or entity
in accordance with Section 571.122.
(g) This section does not prevent an officer or employee of
a political subdivision or other entity to which this section
applies from:
(1) providing information for a member of the
legislative branch;
(2) appearing before a legislative committee; or
(3) communicating directly with one or more members of
the legislative branch to influence legislation pending before the
legislature.
SECTION 3. Section 2254.030, Government Code, is repealed.
SECTION 4. Section 556.0056, Government Code, as added by
this Act, applies only to a payment or other compensation described
by that section made under a contract entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act under which a payment or other
compensation described by that section is made is governed by the
law in effect on the date the contract was entered into, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2021.