SRC-TNM S.B. 1171 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1171
By: Galloway
State Affairs
4-16-97
As Filed


DIGEST 

Currently, Texas law prohibits certain entities, such as school districts,
from using public funds to lobby.  However, this prohibition does not
apply to municipalities.  Cities often use tax money to lobby against
positions held by many of their own residents.  Additionally, while state
agencies are traditionally prevented from lobbying by the Appropriations
Act, this is not apparent in the statute. S.B. 1171 would prohibit
lobbying by state agencies and municipalities while still permitting them
to monitor legislation and provide information to the legislature upon
request. 

PURPOSE

As proposed, S.B. 1171 outlines provisions and provides a civil penalty
regarding a prohibition on the expenditure of certain public funds on
lobbying. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 305B, Government Code, by adding Section
305.028, as follows: 

Sec. 305.028. LEGISLATIVE INFLUENCE PROHIBITED. Sets forth prohibitions
for a state agency or a municipality.  Authorizes an officer or employee
of a state agency or a municipality to furnish any member of the
legislature or a legislative committee, on request, information in the
possession of the officer or employee that is not considered to be
confidential under law.  Authorizes a part-time employee to serve as a
lobbyist under this section if the entity for which the person is lobbying
is not related to the agency or municipality with which the person is
employed.  Provides that a state agency or municipality that spends money
or employs a person in violation of this section is liable to the state
for a civil penalty in an amount equal to three times the compensation
paid by the state agency or municipality to the person.  Authorizes the
attorney general to sue to collect the penalty. Defines "state agency." 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.