88R5612 MPF-D
By: Bettencourt S.B. No. 2330
A BILL TO BE ENTITLED
AN ACT
relating to the authorization and reporting of expenditures for
lobbying activities by certain political subdivisions and other
public entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 140, Local Government Code, is amended
by adding Section 140.014 to read as follows:
Sec. 140.014. EXPENDITURES FOR LOBBYING ACTIVITIES. (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;
(7) public institution of higher education;
(8) community college district;
(9) publicly owned utility; and
(10) river authority.
(b) A political subdivision or other entity to which this
section applies may spend money to directly or indirectly influence
or attempt to influence the outcome of legislation pending before
the legislature only if 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 shall report to the Texas Ethics Commission and
publish on the political subdivision's or entity's Internet
website:
(1) the amount of money authorized under Subsection
(b) for the purpose of directly or indirectly influencing or
attempting to influence the outcome of legislation pending before
the legislature;
(2) the name of each person required to register under
Chapter 305, Government Code, that is retained or employed by or on
behalf of the political subdivision or entity for the purpose
described by Subdivision (1); and
(3) an electronic copy of each contract for services
for the purpose described by Subdivision (1) that is entered into by
the political subdivision or entity, or by a person on behalf of the
political subdivision or entity, with each person listed under
Subdivision (2).
(d) In addition to the requirements of Subsection (c), a
political subdivision or other entity to which this section applies
shall report to the Texas Ethics Commission and publish on the
political subdivision's or entity's Internet website the amount of
public money spent for membership fees and dues of any nonprofit
state association or organization of similarly situated political
subdivisions or entities that directly or indirectly influences or
attempts to influence the outcome of legislation pending before the
legislature.
(e) The Texas Ethics Commission shall make available to the
public an easily searchable database on the commission's Internet
website containing the reports submitted to the commission under
Subsection (c).
(f) If a political subdivision or other entity to which this
section applies violates this section, an interested party is
entitled to appropriate injunctive relief to prevent further
activity in violation of this section. For purposes of this
subsection, "interested party" means a person who:
(1) is a taxpayer of the political subdivision or
entity; or
(2) is served by or receives services from the
political subdivision or entity.
(g) This section does not prevent an officer or employee of
a political subdivision or other entity to which this section
applies from advocating for or against or otherwise influencing or
attempting to influence the outcome of legislation pending before
the legislature.
SECTION 2. The Texas Ethics Commission is required to
implement the change in law made by Section 140.014(e), Local
Government Code, as added by this Act, only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the Texas Ethics Commission may, but is not required to,
implement that change in law using other appropriations available
for the purpose.
SECTION 3. This Act takes effect September 1, 2023.