By Alvarado H.B. No. 102 76R29 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to lobbying restrictions in certain municipalities; 1-3 providing penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 2, Local Government Code, is 1-6 amended by adding Chapter 27 to read as follows: 1-7 CHAPTER 27. LOBBYING RESTRICTIONS IN 1-8 CERTAIN HOME-RULE MUNICIPALITIES 1-9 SUBCHAPTER A. REGISTRATION 1-10 Sec. 27.001. APPLICATION. This chapter applies only to a 1-11 municipality with a population of not less than 700,000 and not 1-12 more than 1,000,000. 1-13 Sec. 27.002. DEFINITIONS. In this chapter: 1-14 (1) "Administrative action" means rulemaking, 1-15 licensing, or any other matter that may be the subject of action by 1-16 the governing body of a municipality or a board, commission, or 1-17 other administrative body appointed by the governing body of a 1-18 municipality, including the proposal, consideration, or approval 1-19 of the matter. 1-20 (2) "Commission" means a municipal ethics commission 1-21 appointed by the governing body of a municipality. 1-22 (3) "Communicates directly with" or any variation of 1-23 the phrase means contact in person or by telephone, telegraph, 1-24 letter, or any other form of electronic communication. 2-1 (4) "Compensation" means money, service, facility, or 2-2 other thing of value or financial benefit that is received or is to 2-3 be received in return for or in connection with services rendered 2-4 or to be rendered. 2-5 (5) "Expenditure" means a payment, distribution, loan, 2-6 advance, reimbursement, deposit, or gift of money or any thing of 2-7 value and includes a contract, promise, or agreement, whether or 2-8 not legally enforceable, to make an expenditure. 2-9 (6) "Governing body of a municipality" includes a 2-10 board, commission, or other administrative body appointed by the 2-11 governing body of a municipality. 2-12 (7) "Immediate family" means a spouse or dependent 2-13 child. 2-14 (8) "Legislation" means: 2-15 (A) an ordinance, resolution, amendment, 2-16 nomination, or other matter pending before the governing body of a 2-17 municipality; 2-18 (B) any matter that is or may be the subject of 2-19 action by the governing body of a municipality, including the 2-20 introduction, consideration, passage, defeat, or approval of the 2-21 matter; or 2-22 (C) any matter that may be the subject of action 2-23 by an amendment of the municipality's home-rule charter. 2-24 (9) "Member of the governing body" means an officer 2-25 of, officer-elect of, candidate for, or employee of the governing 2-26 body of a municipality or a member of a board, commission, or other 2-27 administrative body appointed by the governing body of a 3-1 municipality. 3-2 (10) "Person" means an individual, corporation, 3-3 association, firm, partnership, committee, club, organization, or 3-4 group of persons who are voluntarily acting in concert. 3-5 (11) "Registrant" means a person required to register 3-6 under Section 27.004. 3-7 Sec. 27.003. MUNICIPAL ETHICS COMMISSION. (a) The 3-8 governing body of a municipality shall establish and appoint a 3-9 municipal ethics commission or may contract with the Texas Ethics 3-10 Commission to perform the duties of the municipal ethics 3-11 commission. 3-12 (b) The composition of the commission shall be determined by 3-13 ordinance. 3-14 (c) The commission shall adopt rules relating to the 3-15 enforcement of this chapter. 3-16 (d) The commission may adopt a code of conduct for 3-17 registrants under this chapter. 3-18 Sec. 27.004. PERSONS REQUIRED TO REGISTER. (a) A person 3-19 must register with the commission under this chapter if the person: 3-20 (1) makes a total expenditure of an amount determined 3-21 by commission rule but not less than $200 in a calendar quarter, 3-22 not including the person's own travel, food, or lodging expenses or 3-23 the person's own membership dues, on activities described in 3-24 Section 27.008(b) to communicate directly with one or more members 3-25 of the governing body of the municipality to influence legislation 3-26 or administrative action; or 3-27 (2) receives compensation or reimbursement, not 4-1 including reimbursement for the person's own travel, food, or 4-2 lodging expenses or the person's own membership dues, of more than 4-3 an amount determined by commission rule but not less than $200 in a 4-4 calendar quarter from another person to communicate directly with 4-5 one or more members of the governing body of the municipality to 4-6 influence legislation or administrative action. 4-7 (b) Subsection (a)(2) requires a person to register if the 4-8 person, as part of the person's regular employment, has 4-9 communicated directly with a member of the governing body of the 4-10 municipality to influence legislation or administrative action on 4-11 behalf of the person by whom the registrant is compensated or 4-12 reimbursed, whether or not the person receives any compensation for 4-13 the communication in addition to the salary for that regular 4-14 employment. Subsection (a)(2) does not require a member of the 4-15 judicial, legislative, or executive branch of state government or 4-16 an officer or employee of a political subdivision of the state to 4-17 register. 4-18 (c) A person who communicates directly with a member of the 4-19 governing body of the municipality to influence administrative 4-20 action is not required to register under Subsection (a)(2) if: 4-21 (1) the person is an attorney of record or pro se; 4-22 (2) the person enters an appearance in a public record 4-23 through pleadings or other written documents in a docketed case 4-24 pending before the governing body of the municipality; and 4-25 (3) that communication is the only activity that would 4-26 otherwise require the person to register. 4-27 Sec. 27.005. EXCEPTIONS. The following persons are not 5-1 required to register under this chapter: 5-2 (1) a person who owns, publishes, or is employed by a 5-3 newspaper, any other regularly published periodical, a radio 5-4 station, a television station, a wire service, or any other bona 5-5 fide news medium that in the ordinary course of business 5-6 disseminates news, letters to the editors, editorial or other 5-7 comment, or paid advertisements that directly or indirectly oppose 5-8 or promote legislation or administrative action, if the person does 5-9 not engage in other activities that require registration under this 5-10 chapter and does not represent another person in connection with 5-11 influencing legislation or administrative action; 5-12 (2) a person whose only direct communication with a 5-13 member of the governing body of the municipality to influence 5-14 legislation or administrative action is an appearance before or 5-15 testimony to one or more members of the governing body of the 5-16 municipality in a hearing conducted by or on behalf of the 5-17 governing body of the municipality and who does not receive special 5-18 or extra compensation for the appearance other than actual expenses 5-19 incurred in attending the hearing; 5-20 (3) a person whose only activity is to encourage or 5-21 solicit members, employees, or stockholders of an entity by whom 5-22 the person is reimbursed, employed, or retained to communicate 5-23 directly with members of the governing body of the municipality to 5-24 influence legislation or administrative action; 5-25 (4) a person whose only activity to influence 5-26 legislation or administrative action is to compensate or reimburse 5-27 an individual registrant to act in the person's behalf to 6-1 communicate directly with a member of the governing body of the 6-2 municipality to influence legislation or administrative action; 6-3 (5) a person whose only activity to influence 6-4 legislation or administrative action is attendance at a meeting or 6-5 entertainment event attended by a member of the governing body of 6-6 the municipality if the total cost of the meeting or entertainment 6-7 event is paid by a business entity, union, or association; 6-8 (6) a person whose only compensation subject to 6-9 Section 27.004(a)(2) consists of reimbursement for any wages not 6-10 earned due to attendance at a meeting or entertainment event, 6-11 travel to and from the meeting or entertainment event, admission to 6-12 the meeting or entertainment event, and any food and beverage 6-13 consumed at the meeting or entertainment event if the meeting or 6-14 entertainment event is attended by a member of the governing body 6-15 of the municipality and if the total cost of the meeting or 6-16 entertainment event is paid by a business entity, union, or 6-17 association; and 6-18 (7) a person who communicates directly with a member 6-19 of the governing body of the municipality on behalf of a political 6-20 party concerning legislation or administrative action and whose 6-21 expenditures and compensation, as described in Section 27.004, 6-22 combined do not exceed $5,000 a calendar year. 6-23 Sec. 27.006. REGISTRATION. (a) Each person required to 6-24 register under this chapter shall file a registration form with the 6-25 commission on a form prescribed by the commission and shall submit 6-26 a registration fee. 6-27 (b) A registration filed under this chapter expires at 7-1 midnight on December 31 of each year unless the registrant submits 7-2 a registration renewal form to the commission on a form prescribed 7-3 by the commission and submits the registration renewal fee. The 7-4 registrant may file the registration renewal form and the fee any 7-5 time in December of the year in which the registration expires. 7-6 (c) The registration fee and registration renewal fee shall 7-7 be set in an amount determined by the commission that is needed for 7-8 the operation of the commission and the enforcement of this chapter 7-9 and may not be less than: 7-10 (1) $100 for a registrant employed by an organization 7-11 exempt from federal income tax under Section 501(c)(3) or 7-12 501(c)(4), Internal Revenue Code of 1986; or 7-13 (2) $300 for any other registrant. 7-14 (d) Fees collected under this section shall be deposited in 7-15 a fund in the municipality's treasury for the benefit and use of 7-16 the commission and may only be spent in a manner determined by the 7-17 commission. 7-18 (e) A person required to register under this chapter who has 7-19 not registered or whose registration has expired shall file the 7-20 registration form and submit the registration fee not later than 7-21 the fifth day after the date on which the person or the person's 7-22 employee makes the first direct communication with a member of the 7-23 governing body of the municipality that requires the person's 7-24 registration. 7-25 (f) The registration must be written and verified and must 7-26 contain: 7-27 (1) the registrant's full name and address; 8-1 (2) the registrant's normal business, business 8-2 telephone number, and business address; 8-3 (3) the full name and address of each person: 8-4 (A) who reimburses, retains, or employs the 8-5 registrant to communicate directly with a member of the governing 8-6 body of the municipality to influence legislation or administrative 8-7 action; and 8-8 (B) on whose behalf the registrant has 8-9 communicated directly with a member of the governing body of the 8-10 municipality to influence legislation or administrative action; 8-11 (4) the subject matter and, if applicable, the docket 8-12 number, agenda number, or other administrative designation of the 8-13 legislation or administrative action that is the subject of the 8-14 registrant's direct communication with a member of the governing 8-15 body of the municipality; 8-16 (5) for each person employed or retained by the 8-17 registrant for the purpose of assisting in direct communication 8-18 with a member of the governing body of the municipality to 8-19 influence legislation or administrative action: 8-20 (A) the full name, business address, and 8-21 occupation of the person; and 8-22 (B) the subject matter and, if applicable, the 8-23 docket number, agenda number, or other administrative designation 8-24 of the legislation or administrative action to which the person's 8-25 activities reportable under this section were related; and 8-26 (6) the amount of compensation or reimbursement paid 8-27 by each person who reimburses, retains, or employs the registrant 9-1 for the purpose of communicating directly with a member of the 9-2 governing body of the municipality or on whose behalf the 9-3 registrant communicates directly with a member of the governing 9-4 body of the municipality. 9-5 (g) Compensation or reimbursement required to be reported 9-6 under Subsection (f)(6) shall be reported in the following 9-7 categories unless reported as an exact amount: 9-8 (1) $0 if no compensation or reimbursement is 9-9 received; 9-10 (2) less than $1,000; 9-11 (3) at least $1,000 but less than $2,500; 9-12 (4) at least $2,500 but less than $5,000; 9-13 (5) at least $5,000 but less than $10,000; 9-14 (6) at least $10,000 but less than $15,000; 9-15 (7) at least $15,000 but less than $20,000; and 9-16 (8) $20,000 or more. 9-17 (h) If a registrant's activities are on behalf of the 9-18 members of a group or organization, including a business, trade, or 9-19 consumer interest association but excluding a corporation, the 9-20 registration form must include: 9-21 (1) a statement of the number of members in the group; 9-22 (2) the name of each person in the group or 9-23 organization who determines the policy of the group or organization 9-24 relating to influencing legislation or administrative action; 9-25 (3) a full description of the methods by which the 9-26 registrant develops and makes decisions about positions on policy; 9-27 and 10-1 (4) a list of those persons making a grant or 10-2 contribution, in addition to or instead of dues or fees, that 10-3 exceeds $50 per year. 10-4 (i) If a registrant's activities are done on behalf of a 10-5 corporation the shares of which are not publicly traded, the 10-6 registration form must include: 10-7 (1) the number of shareholders in the corporation; 10-8 (2) the name and address of each officer or member of 10-9 the board of directors; and 10-10 (3) the name of each person owning 10 percent or more 10-11 of the shares of the corporation. 10-12 (j) If the person described by Subsection (f)(3) is a 10-13 business entity engaged in the representation of clients for the 10-14 purpose of influencing legislation or administrative action, the 10-15 registrant shall give the information required by that subdivision 10-16 for each client on whose behalf the registrant communicated 10-17 directly with a member of the governing body of the municipality. 10-18 (k) If there is a change in the information required to be 10-19 reported by a registrant under this section, other than Subsection 10-20 (h) or (i), and that changed information is not timely reported on 10-21 a report due under Section 27.012, the registrant shall file an 10-22 amended statement reflecting the change with the commission not 10-23 later than the date on which the next report is due under Section 10-24 27.012. 10-25 Sec. 27.007. LISTING OF MUNICIPAL OFFICERS AND EMPLOYEES. 10-26 (a) Except as provided by Subsection (b), the commission by rule 10-27 may require an officer or employee of a political subdivision or 11-1 other governmental entity created under the Texas Constitution or 11-2 laws of this state who communicates directly with a member of the 11-3 governing body of the municipality concerning legislation or 11-4 administrative action, other than routine matters, to file with the 11-5 commission the officer's or employee's name, the name of the entity 11-6 represented, the subject matter of the communication, and other 11-7 information the commission considers relevant. 11-8 (b) The commission may not require a member of the 11-9 legislative branch to file with the commission under this section. 11-10 Sec. 27.008. ACTIVITIES REPORT. (a) Each registrant shall 11-11 file with the commission a written, verified report on a form 11-12 prescribed by the commission concerning the activities described by 11-13 this section. 11-14 (b) The report must contain the total expenditures under a 11-15 category listed in this subsection that the registrant made to 11-16 communicate directly with a member of the governing body to 11-17 influence legislation or administrative action and that are 11-18 directly attributable, as that term is used in Section 27.010(b), 11-19 to a member of the governing body of the municipality or the 11-20 immediate family of a member of the governing body of the 11-21 municipality. The report must also include expenditures for the 11-22 direct communications under a category listed in this subsection 11-23 that other people made on the registrant's behalf if the 11-24 expenditures were made with the registrant's consent or were 11-25 ratified by the registrant. The expenditures must be reported in 11-26 the following categories: 11-27 (1) transportation and lodging; 12-1 (2) food and beverages; 12-2 (3) entertainment; 12-3 (4) gifts, other than awards and mementos; 12-4 (5) awards and mementos; and 12-5 (6) expenditures made for the attendance of members of 12-6 the governing body of the municipality at political fund-raisers or 12-7 charity events. 12-8 (c) The report must also list the total expenditures made by 12-9 the registrant or by others on the registrant's behalf and with the 12-10 registrant's consent or ratification for broadcast or print 12-11 advertisements, direct mailings, and other mass media 12-12 communications if: 12-13 (1) the communications are made to a person other than 12-14 a member, employee, or stockholder of an entity that reimburses, 12-15 retains, or employs the registrant; and 12-16 (2) the communications support or oppose or encourage 12-17 another to support or oppose pending legislation or administrative 12-18 action. 12-19 (d) The report must also contain a list of the specific 12-20 categories of subject matters about which the registrant, any 12-21 person the registrant retains or employs to appear on the 12-22 registrant's behalf, or any other person appearing on the 12-23 registrant's behalf communicated directly with a member of the 12-24 governing body of the municipality and that has not been reported 12-25 under Section 27.006. The list must include the docket number, 12-26 agenda number, or other administrative designation of the 12-27 legislation or administrative action, if known. 13-1 (e) A registrant who reports an expenditure under one 13-2 category provided by Subsection (b) may not report the same 13-3 expenditure under another category of Subsection (b). 13-4 (f) An expenditure described by Subsection (b)(1), (2), (3), 13-5 or (6) may not be made or accepted unless the registrant is present 13-6 at the event. 13-7 Sec. 27.009. DETAILED REPORTS. (a) If a registrant or a 13-8 person on the registrant's behalf and with the registrant's consent 13-9 or ratification makes expenditures that exceed $50 a day for 13-10 transportation or lodging for a member of the governing body of the 13-11 municipality, the registrant shall also state the following on the 13-12 report filed under Section 27.008: 13-13 (1) the name of the member of the governing body of 13-14 the municipality in whose behalf the expenditure is made; 13-15 (2) the place and date of the transportation or 13-16 lodging; and 13-17 (3) the purpose of the transportation or lodging. 13-18 (b) If a registrant or a person on the registrant's behalf 13-19 and with the registrant's consent or ratification makes 13-20 expenditures that exceed $50 a day for food and beverages for a 13-21 member of the governing body of the municipality or makes 13-22 expenditures that exceed $50 a day for entertainment for a member 13-23 of the governing body of the municipality or for the immediate 13-24 family of a member of the governing body of the municipality, the 13-25 registrant shall also state the following on the report filed under 13-26 Section 27.008: 13-27 (1) the name of the member of the governing body of 14-1 the municipality in whose behalf the expenditure is made; 14-2 (2) the place and date of the expenditure; and 14-3 (3) the amount of the expenditure by the appropriate 14-4 category of the amount, as determined by the commission. 14-5 (c) If a registrant or a person on the registrant's behalf 14-6 and with the registrant's consent or ratification gives to a member 14-7 of the governing body of the municipality a gift or an award or 14-8 memento the value of which exceeds $50 per gift, award, or memento, 14-9 the registrant shall also state the following on the report filed 14-10 under Section 27.008: 14-11 (1) the name of the member of the governing body of 14-12 the municipality in whose behalf the expenditure is made; 14-13 (2) a general description of the gift, award, or 14-14 memento; and 14-15 (3) the amount of the expenditure by the appropriate 14-16 category of the amount, as determined by the commission. 14-17 (d) If a registrant or a person on the registrant's behalf 14-18 and with the registrant's consent or ratification makes 14-19 expenditures for the attendance of a member of the governing body 14-20 of the municipality at a political fund-raiser or charity event, 14-21 the registrant shall also state the following on the report filed 14-22 under Section 27.008: 14-23 (1) the name of the member of the governing body of 14-24 the municipality in whose behalf the expenditure is made; 14-25 (2) the name of the charity or the name of the 14-26 candidate or officeholder for whom the political fund-raiser was 14-27 held, as applicable; and 15-1 (3) the date of the fund-raiser or event. 15-2 (e) If a registrant or a person on the registrant's behalf 15-3 and with the registrant's consent or ratification makes an 15-4 expenditure for a gift, award, or memento for a member of the 15-5 governing body of the municipality in conjunction with an 15-6 expenditure for the attendance of that member at a political 15-7 fund-raiser or charity event, the registrant shall report the 15-8 expenditure for the gift, award, or memento under Subsection (c), 15-9 if required, and not under Subsection (d). 15-10 (f) If a registrant or a person on the registrant's behalf 15-11 with the registrant's consent or ratification makes an expenditure 15-12 described by Section 27.008(b)(1), (2), or (3) to communicate 15-13 directly with more than one member of the governing body of the 15-14 municipality to influence legislation or administrative action and 15-15 if the registrant cannot reasonably determine the amount that is 15-16 directly attributable to a member, the registrant shall apportion 15-17 the expenditure made by that registrant according to the number of 15-18 persons in attendance. The registrant shall report as required by 15-19 Subsection (a), (b), or (c) if the expenditure for each person 15-20 exceeds the amount provided under Subsection (a), (b), or (c). 15-21 Sec. 27.010. EXPENDITURES ATTRIBUTABLE TO GROUPS. (a) The 15-22 report filed under Section 27.008 must also contain the total 15-23 expenditures described by Section 27.008(b) that are directly 15-24 attributable to members of the governing body of the municipality. 15-25 The expenditures must be stated in only one of the following 15-26 categories: 15-27 (1) elected members of the governing body; 16-1 (2) members of a board, commission, or other 16-2 administrative body appointed by the governing body of a 16-3 municipality; 16-4 (3) employees of the governing body; 16-5 (4) the immediate family of a member or employee of 16-6 the governing body of the municipality; and 16-7 (5) events to which all elected members of the 16-8 governing body of the municipality are invited. 16-9 (b) For purposes of Subsection (a), an expenditure is 16-10 directly attributable to the person who consumed the food or 16-11 beverage, to the person for whom admission, transportation, or 16-12 lodging expenses were paid, or to the person to whom the gift, 16-13 award, or memento was given. 16-14 (c) All expenditures made by a registrant or a person on the 16-15 registrant's behalf and with the registrant's consent or 16-16 ratification that benefit members of the immediate family of 16-17 members or employees of the governing body of the municipality 16-18 shall be aggregated and reported under Subsection (a)(5). 16-19 (d) If a registrant cannot reasonably determine the amount 16-20 of an expenditure under Section 27.008(b) that is directly 16-21 attributable to a member of the governing body of the municipality 16-22 as required by Subsection (a), the registrant shall apportion the 16-23 expenditure made by that registrant or by others on the 16-24 registrant's behalf and with the registrant's consent or 16-25 ratification according to the number of persons in attendance. 16-26 However, if an expenditure is for an event to which all elected 16-27 members of the governing body of the municipality are invited, the 17-1 registrant shall report the expenditure under Subsection (a)(5) and 17-2 not under any other subdivision of that subsection or any other 17-3 provision of this chapter. 17-4 Sec. 27.011. MODIFIED REPORTING. (a) A person required to 17-5 register under this chapter may, when filing the registration form 17-6 or registration renewal form, elect to file an activities report 17-7 under this section instead of Section 27.008 if the person does not 17-8 intend to make expenditures reportable under Section 27.008(b) of 17-9 more than $1,000 during a calendar year, not including the person's 17-10 own travel, food, or lodging expenses or the person's own 17-11 membership dues. 17-12 (b) To be entitled to file reports under this section, the 17-13 registrant must file with the registration form or registration 17-14 renewal form a written declaration of intent not to exceed $1,000 17-15 in expenditures during each calendar year in which that 17-16 registration or registration renewal is effective. 17-17 (c) A registrant filing under this section shall annually 17-18 file the report required by Section 27.008. The report must be 17-19 filed not later than January 10 and must cover the activities 17-20 occurring during the previous calendar year. 17-21 (d) A registrant who exceeds $1,000 in expenditures shall 17-22 file monthly reports as required by Section 27.012. The first 17-23 report filed after exceeding $1,000 covers the period beginning 17-24 January 1 through the date on which the next reporting period ends. 17-25 Sec. 27.012. FILING DATES FOR SUPPLEMENTAL REPORTS. (a) 17-26 The registrant must file the report required by Section 27.008 17-27 between the 1st and 10th day of each month. The report must cover 18-1 the activities occurring during the previous month. 18-2 (b) A person who made expenditures on the registrant's 18-3 behalf that are required to be reported under Section 27.008 or a 18-4 person who has other information that is required to be reported by 18-5 the registrant under this chapter shall provide a full, verified 18-6 account of the expenditures to the registrant not later than the 18-7 seventh day before the date on which the registrant's report is 18-8 due. 18-9 Sec. 27.013. TERMINATION NOTICE. (a) A person who ceases 18-10 to engage in activities requiring registration under this chapter 18-11 shall file a written, verified statement with the commission 18-12 acknowledging the termination of activities. The notice is 18-13 effective immediately. 18-14 (b) A person who files a notice of termination under this 18-15 section must file the reports required by Section 27.008 for any 18-16 reporting period during which the person was registered. 18-17 Sec. 27.014. MAINTENANCE OF REPORTS. (a) All reports filed 18-18 under this chapter are public records and shall be made available 18-19 for public inspection during regular business hours. 18-20 (b) The commission shall: 18-21 (1) design and provide appropriate forms, covering 18-22 only the items required to be disclosed under this chapter, to be 18-23 used for the registration and reporting of required information; 18-24 (2) maintain registrations and reports in a separate 18-25 alphabetical file; 18-26 (3) remove registrations and reports from the files 18-27 after five years from the date of filing; and 19-1 (4) maintain a deputy available to receive 19-2 registrations and reports and make the registrations and reports 19-3 available to the public for inspection. 19-4 (c) The commission shall retain a report filed under this 19-5 chapter for at least four years after the date the report is filed. 19-6 (d) A registrant shall keep any records necessary to the 19-7 reports required under this chapter for at least four years after 19-8 the date the report is filed. 19-9 Sec. 27.015. TIMELINESS OF FILING REGISTRATIONS AND REPORTS. 19-10 A registration or report filed by first-class United States mail or 19-11 by common or contract carrier is timely if: 19-12 (1) it is properly addressed with postage or handling 19-13 charges prepaid; and 19-14 (2) it bears a post office cancellation mark or a 19-15 receipt mark from a common or contract carrier indicating a time 19-16 within the applicable filing period or before the applicable filing 19-17 deadline or if the person required to file furnishes satisfactory 19-18 proof that it was deposited in the mail or with a common or 19-19 contract carrier within that period or before that deadline. 19-20 Sec. 27.016. LIST OF REGISTRANTS AND EMPLOYERS. (a) Not 19-21 later than February 1 of each year, the commission shall prepare a 19-22 list of the names of registrants and shall indicate by each 19-23 registrant's name each employer or concern employing the 19-24 registrant. 19-25 (b) In addition to the list required under Subsection (a), 19-26 the commission shall prepare a list of the names of any employer or 19-27 concern employing a registrant and shall indicate each registrant 20-1 compensated by the employer or concern. 20-2 (c) The commission shall send the lists prepared under this 20-3 section to each elected member of the governing body of the 20-4 municipality. 20-5 SUBCHAPTER B. PROHIBITED ACTIVITIES 20-6 Sec. 27.101. FALSE COMMUNICATIONS. A person, for the 20-7 purpose of influencing legislation or administrative action, may 20-8 not: 20-9 (1) knowingly or wilfully make a false statement or 20-10 misrepresentation of the facts to a member of the governing body of 20-11 the municipality; or 20-12 (2) cause a copy of a document the person knows to 20-13 contain a false statement to be received by a member of the 20-14 governing body of the municipality without notifying the member in 20-15 writing of the truth. 20-16 Sec. 27.102. CONTINGENT FEES. (a) A person may not retain 20-17 or employ another person to influence legislation or administrative 20-18 action for compensation that is totally or partially contingent on 20-19 the passage, repeal, or defeat of any legislation or on the outcome 20-20 of any administrative action. 20-21 (b) A person may not accept any employment or render any 20-22 service to influence legislation or administrative action for 20-23 compensation contingent on the passage, repeal, or defeat of any 20-24 legislation or on the outcome of any administrative action. 20-25 (c) For purposes of this section, a sales commission payable 20-26 to an employee of a vendor of a product is not considered 20-27 compensation contingent on the outcome of legislation or 21-1 administrative action. 21-2 (d) This section does not prohibit the payment or acceptance 21-3 of contingent fees: 21-4 (1) expressly authorized by other law; or 21-5 (2) for legal representation before a municipal board, 21-6 commission, or other administrative agency in contested hearings 21-7 or similar adversarial proceedings prescribed by law or 21-8 administrative rules. 21-9 Sec. 27.103. RESTRICTIONS ON EXPENDITURES. (a) Except as 21-10 provided by Section 27.104, a person registered under Section 21-11 27.006 or a person on the registrant's behalf and with the 21-12 registrant's consent or ratification may not offer, confer, or 21-13 agree to confer to a member of the governing body of the 21-14 municipality: 21-15 (1) a loan, including the guarantee or endorsement of 21-16 a loan; 21-17 (2) a gift of cash or a negotiable instrument as 21-18 described by Section 3.104, Business & Commerce Code; 21-19 (3) an expenditure for transportation and lodging; 21-20 (4) an expenditure or series of expenditures for 21-21 entertainment that in the aggregate exceed $500 in a calendar year; 21-22 (5) an expenditure or series of expenditures for gifts 21-23 that in the aggregate exceed $500 in a calendar year; 21-24 (6) an expenditure for an award or memento that 21-25 exceeds $500; or 21-26 (7) an expenditure described by Section 27.008(b)(1), 21-27 (2), (3), or (6) unless the registrant is present at the event. 22-1 (b) Except as provided by Section 27.104, a member of the 22-2 governing body of the municipality may not solicit, accept, or 22-3 agree to accept from a person registered under Section 27.006 or 22-4 from a person on the registrant's behalf and with the registrant's 22-5 consent or ratification an item listed in Subsection (a). 22-6 Sec. 27.104. EXCEPTIONS. Section 27.103 does not prohibit: 22-7 (1) a loan, in the due course of business from a 22-8 corporation or other business entity that is legally engaged in the 22-9 business of lending money and that has conducted that business 22-10 continuously for more than one year before the loan is made; 22-11 (2) a loan or guarantee of a loan or a gift made or 22-12 given by a person related within the second degree by affinity or 22-13 consanguinity to the member of the governing body of the 22-14 municipality; 22-15 (3) necessary expenditures for transportation and 22-16 lodging when the purpose of the travel is to explore matters 22-17 directly related to the duties of a member of the governing body of 22-18 the municipality, such as fact-finding trips, but not including 22-19 attendance at merely ceremonial events or pleasure trips; 22-20 (4) necessary expenditures for transportation and 22-21 lodging provided in connection with a conference, seminar, 22-22 educational program, or similar event in which the member renders 22-23 services, such as addressing an audience or engaging in a seminar, 22-24 to the extent that those services are more than merely perfunctory; 22-25 (5) an incidental expenditure for transportation as 22-26 determined by commission rule; or 22-27 (6) a political contribution as defined by Section 23-1 251.001, Election Code. 23-2 SUBCHAPTER C. SANCTIONS 23-3 Sec. 27.201. CRIMINAL PENALTIES. (a) A person commits an 23-4 offense if the person intentionally or knowingly violates a 23-5 provision of this chapter other than Section 27.102. An offense 23-6 under this subsection is a Class A misdemeanor. 23-7 (b) A person commits an offense if the person intentionally 23-8 or knowingly violates Section 27.102. An offense under this 23-9 subsection is a felony of the third degree. 23-10 (c) This chapter does not affect the criminal responsibility 23-11 of a person under the state laws relating to perjury. 23-12 (d) This section does not prohibit the commission from 23-13 imposing a civil penalty for a violation. 23-14 Sec. 27.202. CIVIL PENALTY FOR FAILURE TO REGISTER. In 23-15 addition to the criminal penalties prescribed by Section 27.201, a 23-16 person who receives compensation or reimbursement or makes an 23-17 expenditure for engaging in direct communication to influence 23-18 legislation or administrative action and who fails to file a 23-19 registration form or activities report required to be filed under 23-20 this chapter shall pay a civil penalty in an amount determined by 23-21 commission rule, but not to exceed an amount equal to three times 23-22 the compensation, reimbursement, or expenditure. 23-23 Sec. 27.203. CIVIL PENALTY FOR LATE FILING. (a) The 23-24 commission shall determine from any available evidence whether a 23-25 registration or report required to be filed with the commission 23-26 under this chapter is late. A registration filed without the fee 23-27 required by Section 27.006 is considered to be late. On making a 24-1 determination that a required registration or report is late, the 24-2 commission shall immediately mail a notice of the determination to 24-3 the person responsible for the filing, to the commission, and to 24-4 the appropriate attorney for the municipality. 24-5 (b) If a registration or report is determined to be late, 24-6 the person responsible for the filing is liable to the municipality 24-7 for payment of a civil penalty in an amount determined by 24-8 commission rule, but not to exceed $100 for each day that the 24-9 registration or report is late. 24-10 (c) If a registration or report is more than 30 days late, 24-11 the commission shall issue a warning of liability by registered 24-12 mail to the person responsible for the filing. If the penalty is 24-13 not paid before the 10th day after the date on which the warning is 24-14 received, the person is liable for a penalty in an amount 24-15 determined by commission rule, but not to exceed $10,000. 24-16 (d) A penalty paid voluntarily under this section shall be 24-17 deposited in the municipal treasury to the credit of the 24-18 commission. 24-19 (e) This section is in addition to any other available 24-20 sanctions for late filings of registrations or reports. 24-21 Sec. 27.204. FAILURE TO FILE ALL REQUIRED FORMS. (a) The 24-22 commission shall determine whether all persons registered under 24-23 this chapter have filed all required forms, statements, and 24-24 reports. 24-25 (b) If the commission determines that a person has failed to 24-26 file any required form, statement, or report as required by this 24-27 chapter, the commission shall send a written statement of this 25-1 finding to the person involved. The notice must be sent by 25-2 certified mail. 25-3 (c) If the person fails to file the form, statement, or 25-4 report as required by this chapter before the 21st day after the 25-5 date on which the notice was sent, the commission shall file a 25-6 sworn complaint of the violation with the appropriate prosecuting 25-7 attorney. 25-8 Sec. 27.205. ENFORCEMENT. (a) The commission, the attorney 25-9 general, or any municipal attorney may enforce this chapter. 25-10 (b) On the application of any citizen of this state, a 25-11 district court in the county in which the majority of the area of 25-12 the municipality is located may issue an injunction to enforce this 25-13 chapter. 25-14 (c) A person may file with the appropriate prosecuting 25-15 attorney or with the commission a written, sworn statement alleging 25-16 a violation of this chapter. 25-17 Sec. 27.206. VENUE. An offense under this chapter, 25-18 including perjury, may be prosecuted in Travis County or in any 25-19 other county in which it may be prosecuted under the Code of 25-20 Criminal Procedure. 25-21 SECTION 2. Section 36.10(a), Penal Code, is amended to read 25-22 as follows: 25-23 (a) Sections 36.08 (Gift to Public Servant) and 36.09 25-24 (Offering Gift to Public Servant) do not apply to: 25-25 (1) a fee prescribed by law to be received by a public 25-26 servant or any other benefit to which the public servant is 25-27 lawfully entitled or for which he gives legitimate consideration in 26-1 a capacity other than as a public servant; 26-2 (2) a gift or other benefit conferred on account of 26-3 kinship or a personal, professional, or business relationship 26-4 independent of the official status of the recipient; or 26-5 (3) a benefit to a public servant required to file a 26-6 statement under Chapter 572, Government Code, or a report under 26-7 Title 15, Election Code, that is derived from a function in honor 26-8 or appreciation of the recipient if: 26-9 (A) the benefit and the source of any benefit in 26-10 excess of $50 is reported in the statement; and 26-11 (B) the benefit is used solely to defray the 26-12 expenses that accrue in the performance of duties or activities in 26-13 connection with the office which are nonreimbursable by the state 26-14 or political subdivision; 26-15 (4) a political contribution as defined by Title 15, 26-16 Election Code; 26-17 (5) a gift, award, or memento to a member of the 26-18 legislative or executive branch that is required to be reported 26-19 under Chapter 305, Government Code, or to a member of a governing 26-20 body of a municipality that is required to be reported under 26-21 Chapter 27, Local Government Code; 26-22 (6) an item with a value of less than $50, excluding 26-23 cash or a negotiable instrument as described by Section 3.104, 26-24 Business & Commerce Code; or 26-25 (7) an item issued by a governmental entity that 26-26 allows the use of property or facilities owned, leased, or operated 26-27 by the governmental entity. 27-1 SECTION 3. (a) Except as provided by Subsections (b) and 27-2 (c) of this section, this Act takes effect January 1, 2000. 27-3 (b) Not later than September 1, 1999, the governing body of 27-4 a municipality shall establish and appoint a municipal ethics 27-5 commission under Chapter 27, Local Government Code, as added by 27-6 this Act. If the governing body of a municipality fails to 27-7 establish a municipal ethics commission before September 1, 1999, 27-8 the Texas Ethics Commission shall act as the municipal ethics 27-9 commission until January 1, 2001, or until the first anniversary of 27-10 the establishment and appointment of the municipal ethics 27-11 commission, whichever is later. 27-12 (c) Not later than October 1, 1999, a municipal ethics 27-13 commission established under Chapter 27, Local Government Code, as 27-14 added by this Act, shall adopt rules and forms related to 27-15 registration under that chapter or to the enforcement of that 27-16 chapter. If the municipal ethics commission fails to adopt rules 27-17 or forms before October 1, 1999, the Texas Ethics Commission shall 27-18 adopt rules or forms for the municipal ethics commission not later 27-19 than November 1, 1999. The rules or forms adopted for the 27-20 municipal ethics commission shall be used until January 1, 2001, or 27-21 until the first anniversary of the adoption of the rules or forms, 27-22 whichever date is later. 27-23 SECTION 4. The importance of this legislation and the 27-24 crowded condition of the calendars in both houses create an 27-25 emergency and an imperative public necessity that the 27-26 constitutional rule requiring bills to be read on three several 27-27 days in each house be suspended, and this rule is hereby suspended.