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


Senate Research CenterC.S.S.B. 1171
By: Galloway
State Affairs
4-21-97
Committee Report (Substituted)


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. C.S.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, C.S.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, county, or municipality.  Authorizes an officer or
employee of a state agency, county, or 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, county, or municipality with which the
person is employed.  Sets forth duties of a person a state agency, county,
or municipality is authorized to employ.  Prohibits a person employed
under this section from testifying for or against proposed legislation.
Provides that a state agency, county, 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, county, 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 305.028, Government Code, regarding prohibitions on
legislative influence.