By Janek                                              H.B. No. 1724
         76R5858 ESH-F                          
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to contracts for professional services in certain
 1-3     counties; providing a civil penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 270, Local Government Code, is amended by
 1-6     adding Section 270.009 to read as follows:
 1-7           Sec. 270.009.  CERTAIN CONTRACTS FOR PROFESSIONAL SERVICES IN
 1-8     COUNTY WITH POPULATION OF 2.8 MILLION OR MORE PROHIBITED.
 1-9     (a)  This section applies only to a contract for professional
1-10     services in a county with a population of 2.8 million or more.
1-11           (b)  In this section:
1-12                 (1)  "Political committee," "political contribution,"
1-13     and "specific-purpose committee" have the meanings assigned by
1-14     Section 251.001, Election Code.
1-15                 (2)  "Professional services" means accounting,
1-16     architectural, engineering, or legal services or other personal
1-17     services for which a contract is not awarded on the basis of
1-18     competitive bids.
1-19           (c)  A person may not enter into a paid contract to provide
1-20     professional services to a county before the second anniversary of
1-21     the date on which:
1-22                 (1)  the person, an officer or employee of the person,
1-23     or a political committee established or controlled by the person or
1-24     by an officer or employee of the person makes or authorizes
 2-1     political contributions that in the aggregate exceed $250 in a
 2-2     calendar year to a candidate for or holder of a county or precinct
 2-3     office of the county or a specific-purpose committee for supporting
 2-4     or opposing a candidate for or assisting a holder of such an
 2-5     office, if the person making or authorizing the political
 2-6     contribution is eligible to vote on the office; or
 2-7                 (2)  the person, an officer or employee of the person,
 2-8     or a political committee established or controlled by the person or
 2-9     by an officer or employee of the person makes or authorizes
2-10     political contributions to a candidate for or holder of a county or
2-11     precinct office of the county or a specific-purpose committee for
2-12     supporting or opposing a candidate for or assisting a holder of
2-13     such an office, if the person making or authorizing the political
2-14     contribution is not eligible to vote on the office.
2-15           (d)  A person who provides or seeks to provide professional
2-16     services to a county or an officer or employee of such a person may
2-17     not solicit from or coordinate with any person a political
2-18     contribution to a candidate for or holder of a county or precinct
2-19     office of the county or a specific-purpose committee for supporting
2-20     or opposing a candidate for or assisting a holder of such an
2-21     office.
2-22           (e)  A person who provides professional services to a county
2-23     or an officer or employee of such a person may not directly or
2-24     indirectly take any action that results in a violation of
2-25     Subsection (c) or (d).
2-26           (f)  A person who violates this section is liable for a civil
2-27     penalty not to exceed the sum of:
 3-1                 (1)  three times the amount of the prohibited contract;
 3-2     plus
 3-3                 (2)  three times the amount by which the amount of
 3-4     political contributions made by the person in the two years
 3-5     preceding the date of the contract to a candidate for county or
 3-6     precinct office exceeds the amount permitted under Subsection (c).
 3-7           (g)  The attorney general may file a civil action to recover
 3-8     a penalty under Subsection (f).
 3-9           (h)  A state agency may revoke or suspend a professional
3-10     license, certificate, or other registration of a person who
3-11     violates this section.
3-12           (i)  It is a defense to an action alleging a violation of
3-13     this section that:
3-14                 (1)  the prohibited political contribution was made by
3-15     the spouse, dependent child, or employee of the person who provides
3-16     professional services to the county;
3-17                 (2)  neither the person who made the contribution nor
3-18     the person who provides professional services to the county
3-19     intended to violate this section;
3-20                 (3)  the person who provides professional services to
3-21     the county notified the person who made the contribution of the
3-22     provisions of this section; and
3-23                 (4)  the candidate, officeholder, or specific-purpose
3-24     committee that received the contribution returned the contribution
3-25     to the person who made it.
3-26           SECTION 2.  This Act takes effect September 1, 1999.
3-27           SECTION 3.  Section 270.009, Local Government Code, as added
 4-1     by this Act, applies only to a political contribution made on or
 4-2     after September 1, 1999.
 4-3           SECTION 4.  The importance of this legislation and the
 4-4     crowded condition of the calendars in both houses create an
 4-5     emergency and an imperative public necessity that the
 4-6     constitutional rule requiring bills to be read on three several
 4-7     days in each house be suspended, and this rule is hereby suspended.