1-1     By:  Galloway                                         S.B. No. 1171

 1-2           (In the Senate - Filed March 11, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 22, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 5; April 22, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1171                By:  Galloway

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to a prohibition on the expenditure of certain public

1-11     funds on lobbying; providing a civil penalty.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter B, Chapter 305, Government Code, is

1-14     amended by adding Section 305.028 to read as follows:

1-15           Sec. 305.028.  LEGISLATIVE INFLUENCE PROHIBITED.  (a)  A

1-16     state agency, county, or municipality may not:

1-17                 (1)  spend any funds to influence the passage or defeat

1-18     of legislation;

1-19                 (2)  spend any funds to pay, in whole or in part, the

1-20     compensation for the full-time employment of an employee who is

1-21     required to register under this chapter;

1-22                 (3)  spend any funds to pay, in whole or in part, the

1-23     compensation for the part-time employment of an employee who is

1-24     required to register under this chapter because of the employee's

1-25     activities for an industry, profession, or association:

1-26                       (A)  that the employee's agency, county, or

1-27     municipality regulates;

1-28                       (B)  from which the employee's agency, county, or

1-29     municipality purchases goods or services; or

1-30                       (C)  to which the employee's agency, county, or

1-31     municipality provides goods or services, including grants or loans;

1-32                 (4)  employ a person who is required to register under

1-33     this chapter by virtue of the employee's activities on behalf of

1-34     the agency, county, or municipality; or

1-35                 (5)  employ a person whose primary duties are

1-36     activities related to acting as an advocate or proponent of

1-37     legislation.

1-38           (b)  An officer or employee of a state agency, county, or

1-39     municipality may furnish any member of the legislature or a

1-40     legislative committee, on request, information in the possession of

1-41     the officer or employee that is not considered to be confidential

1-42     under law.

1-43           (c)  A part-time employee may serve as a lobbyist under this

1-44     section if the entity for which the person is lobbying is not

1-45     related to the agency, county, or municipality with which the

1-46     person is employed.

1-47           (d)  A state agency, county, or municipality may employ a

1-48     person whose primary duties include supplying information to

1-49     members of the legislative branch, obtaining information from the

1-50     legislative branch, monitoring the progress of legislation, or

1-51     testifying before the legislature as a resource witness.  A person

1-52     employed under this section may not testify for or against proposed

1-53     legislation.

1-54           (e)  A state agency, county, or municipality that spends

1-55     money or employs a person in violation of this section is liable to

1-56     the state for a civil penalty in an amount equal to three times the

1-57     compensation paid by the state agency, county, or municipality to

1-58     the person.  The attorney general may sue to collect the penalty.

1-59           (f)  In this section, "state agency" means a governmental

1-60     entity that spends money appropriated to the entity by the General

1-61     Appropriations Act.

1-62           SECTION 2.  This Act takes effect September 1, 1997.

1-63           SECTION 3.  The importance of this legislation and the

1-64     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended.

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