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. 2-4 * * * * *