| 1 | 1 | | 89R3276 GP-D |
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| 2 | 2 | | By: Spiller H.B. No. 755 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain requirements applicable to certain public |
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| 10 | 10 | | entities that engage in lobbying. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 556, Government Code, is amended by |
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| 13 | 13 | | adding Section 556.0056 to read as follows: |
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| 14 | 14 | | Sec. 556.0056. RESTRICTIONS ON LOBBYING EXPENDITURES AND |
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| 15 | 15 | | REIMBURSEMENTS BY CERTAIN PUBLIC ENTITIES. (a) This section |
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| 16 | 16 | | applies only to the following public entities: |
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| 17 | 17 | | (1) a political subdivision that imposes a tax; |
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| 18 | 18 | | (2) a political subdivision or special district that |
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| 19 | 19 | | is authorized to issue bonds, including revenue bonds; |
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| 20 | 20 | | (3) a regional mobility authority; |
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| 21 | 21 | | (4) a transit authority; |
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| 22 | 22 | | (5) a regional tollway authority; |
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| 23 | 23 | | (6) a special purpose district, including a municipal |
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| 24 | 24 | | utility district and a municipal management district; |
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| 25 | 25 | | (7) a public institution of higher education; |
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| 26 | 26 | | (8) a community college district; |
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| 27 | 27 | | (9) a publicly owned utility; and |
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| 28 | 28 | | (10) a river authority or water supply corporation. |
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| 29 | 29 | | (b) A public entity's governing body may not spend public |
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| 30 | 30 | | money or provide other compensation to contract with a person |
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| 31 | 31 | | required to register as a lobbyist under Chapter 305 to communicate |
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| 32 | 32 | | directly with one or more members of the legislative branch to |
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| 33 | 33 | | influence legislation pending before the legislature unless the |
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| 34 | 34 | | expenditure is: |
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| 35 | 35 | | (1) authorized by a majority vote of the governing |
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| 36 | 36 | | body in an open meeting of the governing body; and |
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| 37 | 37 | | (2) voted on by the governing body at the meeting as a |
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| 38 | 38 | | stand-alone item on the agenda. |
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| 39 | 39 | | (c) A public entity that contracts with a person required to |
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| 40 | 40 | | register as a lobbyist under Chapter 305 in accordance with this |
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| 41 | 41 | | section must publish on the entity's Internet website: |
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| 42 | 42 | | (1) the amount of money authorized to be spent under |
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| 43 | 43 | | Subsection (b) to contract with the person; |
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| 44 | 44 | | (2) the name of the person; |
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| 45 | 45 | | (3) a copy of the contract; |
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| 46 | 46 | | (4) the amount of money, if any, spent by the entity |
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| 47 | 47 | | for membership fees or dues to a nonprofit state association or |
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| 48 | 48 | | organization of similarly situated entities that contracts with a |
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| 49 | 49 | | person required to register as a lobbyist under Chapter 305; and |
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| 50 | 50 | | (5) a copy of any current legislative agenda or |
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| 51 | 51 | | resolution adopted by the entity. |
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| 52 | 52 | | (d) A person required to register as a lobbyist under |
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| 53 | 53 | | Chapter 305 that contracts with a public entity in accordance with |
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| 54 | 54 | | this section may not communicate directly with a member of the |
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| 55 | 55 | | legislative branch on behalf of the entity regarding legislation |
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| 56 | 56 | | pending before the legislature that specifically proposes to amend |
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| 57 | 57 | | Section 26.04(c) or 26.041(c), Tax Code. |
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| 58 | 58 | | (e) Notwithstanding other law, a public entity may not |
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| 59 | 59 | | reimburse a person required to register as a lobbyist under Chapter |
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| 60 | 60 | | 305 for an expenditure the person made for food, beverages, or |
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| 61 | 61 | | entertainment. |
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| 62 | 62 | | (f) If a public entity does not comply with the requirements |
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| 63 | 63 | | of this section, a resident of or person receiving services from the |
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| 64 | 64 | | entity may file with the Texas Ethics Commission a sworn complaint |
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| 65 | 65 | | against the entity in accordance with Section 571.122. |
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| 66 | 66 | | (g) This section does not prevent an officer or employee of |
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| 67 | 67 | | a public entity from: |
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| 68 | 68 | | (1) providing information to a member of the |
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| 69 | 69 | | legislative branch; |
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| 70 | 70 | | (2) appearing before a legislative committee; or |
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| 71 | 71 | | (3) communicating directly with one or more members of |
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| 72 | 72 | | the legislative branch to influence legislation pending before the |
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| 73 | 73 | | legislature. |
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| 74 | 74 | | SECTION 2. Section 2254.030, Government Code, is repealed. |
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| 75 | 75 | | SECTION 3. Section 556.0056, Government Code, as added by |
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| 76 | 76 | | this Act, applies only to a payment or other compensation described |
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| 77 | 77 | | by that section made under a contract entered into on or after the |
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| 78 | 78 | | effective date of this Act. A contract entered into before the |
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| 79 | 79 | | effective date of this Act under which a payment or other |
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| 80 | 80 | | compensation described by that section is made is governed by the |
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| 81 | 81 | | law in effect on the date the contract was entered into, and the |
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| 82 | 82 | | former law is continued in effect for that purpose. |
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| 83 | 83 | | SECTION 4. This Act takes effect September 1, 2025. |
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