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.