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.