| 1 | 1 | | 88R2356 CJD-D |
|---|
| 2 | 2 | | By: Spiller H.B. No. 170 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain requirements applicable to certain public |
|---|
| 8 | 8 | | entities that engage in lobbying. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 556, Government Code, is amended by |
|---|
| 11 | 11 | | adding Section 556.0056 to read as follows: |
|---|
| 12 | 12 | | Sec. 556.0056. RESTRICTIONS ON LOBBYING EXPENDITURES AND |
|---|
| 13 | 13 | | REIMBURSEMENTS BY CERTAIN PUBLIC ENTITIES. (a) This section |
|---|
| 14 | 14 | | applies only to the following public entities: |
|---|
| 15 | 15 | | (1) a political subdivision that imposes a tax; |
|---|
| 16 | 16 | | (2) a political subdivision or special district that |
|---|
| 17 | 17 | | has the authority to issue bonds, including revenue bonds; |
|---|
| 18 | 18 | | (3) a regional mobility authority; |
|---|
| 19 | 19 | | (4) a transit authority; |
|---|
| 20 | 20 | | (5) a regional tollway authority; |
|---|
| 21 | 21 | | (6) a special purpose district, including a municipal |
|---|
| 22 | 22 | | utility district and a municipal management district; |
|---|
| 23 | 23 | | (7) a public institution of higher education; |
|---|
| 24 | 24 | | (8) a community college district; |
|---|
| 25 | 25 | | (9) a publicly owned utility; and |
|---|
| 26 | 26 | | (10) a river authority or water supply corporation. |
|---|
| 27 | 27 | | (b) The governing body of a public entity may not spend |
|---|
| 28 | 28 | | public money or provide other compensation to contract with a |
|---|
| 29 | 29 | | person required to register as a lobbyist under Chapter 305 to |
|---|
| 30 | 30 | | communicate directly with one or more members of the legislative |
|---|
| 31 | 31 | | branch to influence legislation pending before the legislature |
|---|
| 32 | 32 | | unless the expenditure is: |
|---|
| 33 | 33 | | (1) authorized by a majority vote of the governing |
|---|
| 34 | 34 | | body of the entity in an open meeting of the governing body; and |
|---|
| 35 | 35 | | (2) voted on by the governing body as a stand-alone |
|---|
| 36 | 36 | | item on the agenda at the meeting. |
|---|
| 37 | 37 | | (c) A public entity that contracts with a person required to |
|---|
| 38 | 38 | | register as a lobbyist under Chapter 305 in accordance with this |
|---|
| 39 | 39 | | section must publish on the entity's Internet website: |
|---|
| 40 | 40 | | (1) the amount of money authorized under Subsection |
|---|
| 41 | 41 | | (b) for the purpose of contracting with the person; |
|---|
| 42 | 42 | | (2) the name of the person; |
|---|
| 43 | 43 | | (3) a copy of the contract; |
|---|
| 44 | 44 | | (4) the amount of money, if any, spent by the entity |
|---|
| 45 | 45 | | for membership fees or dues to a nonprofit state association or |
|---|
| 46 | 46 | | organization of similarly situated entities that contracts with a |
|---|
| 47 | 47 | | person required to register as a lobbyist under Chapter 305; and |
|---|
| 48 | 48 | | (5) a copy of any current legislative agenda or |
|---|
| 49 | 49 | | resolution adopted by the entity. |
|---|
| 50 | 50 | | (d) A person required to register as a lobbyist under |
|---|
| 51 | 51 | | Chapter 305 that contracts with a public entity in accordance with |
|---|
| 52 | 52 | | this section may not communicate directly with a member of the |
|---|
| 53 | 53 | | legislative branch on behalf of the entity regarding legislation |
|---|
| 54 | 54 | | pending before the legislature that specifically proposes to amend |
|---|
| 55 | 55 | | Section 26.04(c) or 26.041(c), Tax Code. |
|---|
| 56 | 56 | | (e) Notwithstanding other law, a public entity may not |
|---|
| 57 | 57 | | provide reimbursement to a person required to register as a |
|---|
| 58 | 58 | | lobbyist under Chapter 305 for an expenditure made by the person for |
|---|
| 59 | 59 | | food, beverages, or entertainment. |
|---|
| 60 | 60 | | (f) If a public entity does not comply with the requirements |
|---|
| 61 | 61 | | of this section, a resident of or person receiving services from the |
|---|
| 62 | 62 | | entity may file a sworn complaint with the Texas Ethics Commission |
|---|
| 63 | 63 | | against the entity in accordance with Section 571.122. |
|---|
| 64 | 64 | | (g) This section does not prevent an officer or employee of |
|---|
| 65 | 65 | | a public entity from: |
|---|
| 66 | 66 | | (1) providing information for a member of the |
|---|
| 67 | 67 | | legislative branch; |
|---|
| 68 | 68 | | (2) appearing before a legislative committee; or |
|---|
| 69 | 69 | | (3) communicating directly with one or more members of |
|---|
| 70 | 70 | | the legislative branch to influence legislation pending before the |
|---|
| 71 | 71 | | legislature. |
|---|
| 72 | 72 | | SECTION 2. Section 2254.030, Government Code, is repealed. |
|---|
| 73 | 73 | | SECTION 3. Section 556.0056, Government Code, as added by |
|---|
| 74 | 74 | | this Act, applies only to a payment or other compensation described |
|---|
| 75 | 75 | | by that section made under a contract entered into on or after the |
|---|
| 76 | 76 | | effective date of this Act. A contract entered into before the |
|---|
| 77 | 77 | | effective date of this Act under which a payment or other |
|---|
| 78 | 78 | | compensation described by that section is made is governed by the |
|---|
| 79 | 79 | | law in effect on the date the contract was entered into, and the |
|---|
| 80 | 80 | | former law is continued in effect for that purpose. |
|---|
| 81 | 81 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|