Bill Text: TX SB702 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the authorization and reporting of expenditures for lobbying activities by certain political subdivisions and other public entities.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2019-05-16 - Committee report sent to Calendars [SB702 Detail]

Download: Texas-2019-SB702-Comm_Sub.html
  86R33552 ATP-D
 
  By: Bettencourt, et al. S.B. No. 702
 
  (Harless)
 
  Substitute the following for S.B. No. 702:  No.
 
 
 
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.  Section 556.005, Government Code, is amended by
  adding Subsections (e), (f), and (g) to read as follows:
         (e)  An institution of higher education may spend money under
  its control to employ or contract with an individual who is required
  by Chapter 305 to register as a lobbyist only if the expenditure is
  authorized by a majority vote of the governing body as a stand-alone
  item on the agenda of the meeting at which the expenditure is
  authorized.
         (f)  An institution of higher education that authorizes
  spending described by Subsection (e) shall report to the Texas
  Ethics Commission and publish on the institution's Internet
  website:
               (1)  the amount of money authorized for expenditure;
               (2)  the name of the person required to register; and
               (3)  an electronic copy of the person's employment
  agreement or contract.
         (g)  In addition to the requirements of Subsection (f), an
  institution of higher education shall report to the Texas Ethics
  Commission and publish on its Internet website the amount of public
  money spent on membership fees or dues of any state nonprofit
  association or organization of institutions of higher education
  that employs or contracts with an individual who is required by
  Chapter 305 to register as a lobbyist, if the amount of public money
  spent exceeds $10,000. The commission shall adopt rules to
  implement this section, including rules governing the dates on
  which the reports required under this subsection must be filed.
         SECTION 2.  Chapter 140, Local Government Code, is amended
  by adding Section 140.012 to read as follows:
         Sec. 140.012.  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)  community college district;
               (8)  publicly owned utility; and
               (9)  river authority.
         (b)  A political subdivision or entity described by
  Subsection (a) may spend money to directly or indirectly influence
  or attempt to influence the outcome of any legislation pending
  before the legislature only if the expenditure is authorized by a
  majority vote of the governing body of the political subdivision or
  entity in an open meeting of the governing body.  The expenditure
  must be voted on by the governing body as a stand-alone item on the
  agenda at the meeting.
         (c)  A political subdivision or entity described by
  Subsection (a) 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 any legislation pending
  before the legislature;
               (2)  the name of any person required to register under
  Chapter 305, Government Code, retained or employed by the political
  subdivision or entity for the purpose described by Subdivision (1);
  and
               (3)  an electronic copy of any contract for services
  for the purpose described by Subdivision (1) that is entered into by
  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 entity described by Subsection (a) 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 any legislation pending before
  the legislature, if the amount of public money spent exceeds
  $10,000.
         (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 entity described by
  Subsection (a) does not comply with the requirements of 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 described by Subsection (a); or
               (2)  is served by or receives services from the
  political subdivision or entity described by Subsection (a).
         (g)  This section does not apply to:
               (1)  an officer or employee of a political subdivision
  or entity described by Subsection (a) who appears before a
  legislative committee at the written request of the committee or a
  member of the legislature and does not take a position on any
  legislation; or
               (2)  a person described by Section 305.004(2),
  Government Code, to the extent that the person engages in
  activities described by that section.
         (h)  The Texas Ethics Commission may adopt rules to implement
  this section, including rules governing the dates on which the
  reports required under Subsection (d) must be filed.
         SECTION 3.  This Act takes effect September 1, 2019.
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