Texas 2023 - 88th Regular

Texas Senate Bill SB2330 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R5612 MPF-D
2	2	By: Bettencourt S.B. No. 2330
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 140.014 to read as follows:
13	13	Sec. 140.014. 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 other entity to which this
27	27	section applies may spend money to directly or indirectly influence
28	28	or attempt to influence the outcome of legislation pending before
29	29	the legislature only if the expenditure is:
30	30	(1) authorized by a majority vote of the governing
31	31	body of the political subdivision or entity in an open meeting of
32	32	the governing body; and
33	33	(2) voted on by the governing body as a stand-alone
34	34	item on the agenda at the meeting.
35	35	(c) A political subdivision or other entity to which this
36	36	section applies shall report to the Texas Ethics Commission and
37	37	publish on the political subdivision's or entity's Internet
38	38	website:
39	39	(1) the amount of money authorized under Subsection
40	40	(b) for the purpose of directly or indirectly influencing or
41	41	attempting to influence the outcome of legislation pending before
42	42	the legislature;
43	43	(2) the name of each person required to register under
44	44	Chapter 305, Government Code, that is retained or employed by or on
45	45	behalf of the political subdivision or entity for the purpose
46	46	described by Subdivision (1); and
47	47	(3) an electronic copy of each contract for services
48	48	for the purpose described by Subdivision (1) that is entered into by
49	49	the political subdivision or entity, or by a person on behalf of the
50	50	political subdivision or entity, with each person listed under
51	51	Subdivision (2).
52	52	(d) In addition to the requirements of Subsection (c), a
53	53	political subdivision or other entity to which this section applies
54	54	shall report to the Texas Ethics Commission and publish on the
55	55	political subdivision's or entity's Internet website the amount of
56	56	public money spent for membership fees and dues of any nonprofit
57	57	state association or organization of similarly situated political
58	58	subdivisions or entities that directly or indirectly influences or
59	59	attempts to influence the outcome of legislation pending before the
60	60	legislature.
61	61	(e) The Texas Ethics Commission shall make available to the
62	62	public an easily searchable database on the commission's Internet
63	63	website containing the reports submitted to the commission under
64	64	Subsection (c).
65	65	(f) If a political subdivision or other entity to which this
66	66	section applies violates this section, an interested party is
67	67	entitled to appropriate injunctive relief to prevent further
68	68	activity in violation of this section. For purposes of this
69	69	subsection, "interested party" means a person who:
70	70	(1) is a taxpayer of the political subdivision or
71	71	entity; or
72	72	(2) is served by or receives services from the
73	73	political subdivision or entity.
74	74	(g) This section does not prevent an officer or employee of
75	75	a political subdivision or other entity to which this section
76	76	applies from advocating for or against or otherwise influencing or
77	77	attempting to influence the outcome of legislation pending before
78	78	the legislature.
79	79	SECTION 2. The Texas Ethics Commission is required to
80	80	implement the change in law made by Section 140.014(e), Local
81	81	Government Code, as added by this Act, only if the legislature
82	82	appropriates money specifically for that purpose. If the
83	83	legislature does not appropriate money specifically for that
84	84	purpose, the Texas Ethics Commission may, but is not required to,
85	85	implement that change in law using other appropriations available
86	86	for the purpose.
87	87	SECTION 3. This Act takes effect September 1, 2023.