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.