Bill Text: TX SB445 | 2017-2018 | 85th Legislature | Engrossed


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 4-0)

Status: (Engrossed - Dead) 2017-05-05 - Referred to General Investigating & Ethics [SB445 Detail]

Download: Texas-2017-SB445-Engrossed.html
 
 
  By: Burton, et al. S.B. No. 445
 
 
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 140.012 to read as follows:
         Sec. 140.012.  EXPENDITURES FOR LOBBYING ACTIVITIES.
  (a)  This section applies only to:
               (1)  a political subdivision that imposes a tax;
               (2)  a political subdivision or special district that
  has the authority to issue bonds, including revenue bonds;
               (3)  a regional mobility authority;
               (4)  a transit authority;
               (5)  a regional tollway authority;
               (6)  a special purpose district;
               (7)  a public institution of higher education;
               (8)  a community college district;
               (9)  a utility owned by the state or a political
  subdivision; or
               (10)  a river authority.
         (b)  A political subdivision or entity described by
  Subsection (a) may enter into a contract to spend money to directly
  or indirectly influence or attempt to influence the outcome of any
  legislation only if the contract, purpose of the contract,
  recipient of the contract, and amount of the contract expenditure
  are authorized by a majority vote of the governing body of the
  political subdivision or entity in an open meeting of the governing
  body.  The contract expenditure must be voted on by the governing
  body as a stand-alone item on the agenda at the meeting.  The
  governing body may approve multiple contract expenditures for the
  purpose described by this subsection by a single vote of the
  governing body, if the total amount of those expenditures is stated
  as a separate item on the meeting agenda.
         (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
  described by Subdivision (1) entered into by the political
  subdivision or entity with each person listed under Subdivision
  (2).
         (d)  In addition to the requirements of Subsection (c), the
  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.
         (e)  The Texas Ethics Commission shall make available to the
  public an online searchable database on the commission's Internet
  website containing the reports submitted to the commission under
  Subsection (c).
         (f)  If any 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 any further activity in violation of this
  section. For purposes of this subsection, "interested party" means
  a person who:
               (1)  is a taxpayer of a political subdivision or entity
  described by Subsection (a); or
               (2)  is served by or receives services from a political
  subdivision or entity described by Subsection (a).
         (g)  This section does not apply to expenditures or contracts
  of a political subdivision or entity described by Subsection (a)
  that are related to a person who is a full-time employee of the
  political subdivision or entity, or to the reimbursement of
  expenses for a full-time employee of the political subdivision or
  entity.
         SECTION 2.  This Act takes effect September 1, 2017.
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