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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of assistance by the Texas Ethics |
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Commission in the reporting of political contributions and |
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expenditures made in connection with offices of and measures |
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proposed by local governmental entities and of expenditures made in |
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connection with attempts to influence the actions of local |
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governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 305, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. REPORTS RELATING TO COMMUNICATIONS |
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WITH LOCAL GOVERNMENTAL ENTITY |
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Sec. 305.051. DEFINITIONS. In this subchapter: |
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(1) "Local government employee" means an employee of a |
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local governmental entity. |
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(2) "Local governmental entity" and "local government |
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officer" have the meanings assigned by Section 571.202. |
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Sec. 305.052. APPLICABILITY OF CHAPTER. (a) Unless |
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expressly provided by this chapter, the provisions of this chapter |
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do not apply to: |
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(1) a person who communicates directly with a local |
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government officer or local government employee to influence an |
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action of a local governmental entity; or |
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(2) a local government officer or local government |
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employee. |
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(b) Unless expressly provided by this chapter, the |
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provisions of this chapter are in addition to and do not supersede, |
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modify, or change: |
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(1) existing rules or ordinances of a local |
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governmental entity; or |
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(2) another statute that applies to a local |
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governmental entity. |
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Sec. 305.053. VOLUNTARY REPORTING OF EXPENDITURES TO |
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INFLUENCE LOCAL GOVERNMENTAL ACTION. (a) A person may report to |
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the commission in an electronic format expenditures made to |
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communicate directly with a local government officer or local |
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government employee to influence a matter that may be the subject of |
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action by a local governmental entity. |
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(b) Expenditures that are voluntarily reported as provided |
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by this section and that are not otherwise prohibited under this |
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chapter or Chapter 36, Penal Code, are considered to be |
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expenditures made and reported in accordance with this chapter if |
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the expenditures: |
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(1) comply with the restrictions prescribed by |
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Sections 305.024(a) and (c) that apply to expenditures to |
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communicate directly to a member of the legislative or executive |
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branch to influence legislation, including: |
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(A) the annual limits prescribed under Sections |
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305.024(a)(2)(B) and (C) for expenditures for entertainment and |
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gifts; and |
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(B) the limit prescribed by Section |
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305.024(a)(2)(D) for an expenditure for an award or memento; and |
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(2) are reported in compliance with the requirements |
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for detailed reporting prescribed by Section 305.0061 that apply to |
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expenditures to communicate directly to a member of the legislative |
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or executive branch to influence legislation. |
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(c) For the purposes of this section: |
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(1) in applying a provision of this chapter to which |
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this section refers, the term "member of the legislative or |
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executive branch" means "local government officer or local |
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government employee"; |
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(2) any restriction that is applicable to an annual |
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limit is calculated on a calendar year basis; |
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(3) a person filing a voluntary report is not |
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considered a person registered under this chapter; |
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(4) the expenditures shall be reported in the |
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categories listed in Section 305.006(b) and comply with the |
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provisions of Sections 305.006(e) and (f); and |
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(5) the expenditures shall comply with the provisions |
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of Sections 305.0062(b), (c), and (d) and be reported in the |
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following categories by group: |
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(A) local government officers; |
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(B) local government employees; |
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(C) immediate family as defined by Section |
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305.002(11) of an individual described by Paragraph (A) or (B); and |
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(D) guests, when invited by an individual |
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described by Paragraph (A) or (B). |
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(d) A voluntary report under this section must be filed |
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between the 1st and the 10th day of the month following the month in |
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which: |
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(1) one or more reportable expenditures are made; and |
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(2) the amounts of the expenditures are readily |
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determinable as provided by, if applicable, Sections 305.0071(b) |
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and (c). |
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(e) A report filed under this section is subject to Section |
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571.0771(a). |
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(f) Section 571.061 and Subchapters D, E, and F, Chapter |
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571, do not apply to a report filed under this section. |
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SECTION 2. Chapter 571, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. REPORTING RELATED TO |
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LOCAL GOVERNMENTAL ENTITIES AND OFFICERS |
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Sec. 571.201. PURPOSE. The purpose of this subchapter is to |
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further the objective of fully disclosing information related to |
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political contributions and expenditures made in connection with |
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offices of and measures proposed by local governmental entities and |
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to expenditures for petitioning local governmental entities by |
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allowing a local governmental entity, a candidate for or holder of |
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an office of a local governmental entity or a related |
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specific-purpose committee, or a person who petitions a local |
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governmental entity to use the commission's software and other |
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commission resources to file reports of political contributions and |
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expenditures required by Title 15, Election Code, or reports of |
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expenditures provided voluntarily under Section 305.053. |
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Sec. 571.202. DEFINITIONS. In this subchapter: |
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(1) "Communicates directly with" has the meaning |
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assigned by Section 305.002. |
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(2) "Local governmental entity" means a county, |
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municipality, school district, junior college district, or other |
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political subdivision of this state or a local government |
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corporation, board, commission, district, or authority to which a |
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member is appointed by the commissioners court of a county, the |
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mayor of a municipality, or the governing body of a |
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municipality. The term does not include an association, |
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corporation, or organization of governmental entities organized to |
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provide to its members education, assistance, products, or services |
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or to represent its members before the legislative, administrative, |
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or judicial branches of the state or federal government. |
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(3) "Local government officer" means: |
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(A) a member of the governing body of a local |
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governmental entity; or |
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(B) a director, superintendent, administrator, |
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president, or other person designated as the executive officer of a |
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local governmental entity. |
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(4) "Measure," "political contribution," "political |
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expenditure," and "specific-purpose committee" have the meanings |
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assigned by Section 251.001, Election Code. |
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Sec. 571.203. USE OF COMMISSION SOFTWARE AND RESOURCES. |
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(a) To fulfill the purpose of this subchapter and to facilitate |
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voluntary filing of reports of political contributions and |
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expenditures required by Title 15, Election Code, and of reports |
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provided voluntarily under Section 305.053, the commission may |
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allow the use of commission software and resources by: |
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(1) a local governmental entity; |
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(2) a local government officer; |
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(3) a candidate for an office of a local governmental |
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entity; |
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(4) a specific-purpose committee for supporting or |
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opposing a candidate for an office of a local governmental entity, |
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assisting a local government officer, or supporting or opposing a |
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measure proposed by a local governmental entity; or |
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(5) a person who communicates directly with a local |
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government officer or local government employee to influence a |
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matter that may be the subject of action by a local governmental |
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entity. |
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(b) The commission may provide assistance to a local |
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governmental entity, a local government officer, a candidate for an |
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office of a local governmental entity, a specific-purpose |
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committee, or a person who communicates directly with a local |
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government officer or local government employee to influence an |
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action of a local governmental entity by: |
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(1) developing software to facilitate electronic |
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filing of reports of: |
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(A) political contributions and expenditures; |
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and |
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(B) expenditures made by a person who |
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communicates directly with a local government officer or local |
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government employee to influence an action of a local governmental |
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entity; |
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(2) maintaining a database for electronic publishing |
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and filing reports of: |
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(A) political contributions and expenditures; |
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and |
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(B) expenditures made by a person who |
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communicates directly with a local government officer or local |
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government employee to influence an action of a local governmental |
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entity; |
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(3) providing public access through the commission's |
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Internet website to electronic reports of political contributions |
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and expenditures filed by: |
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(A) a local governmental entity; |
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(B) a local government officer; |
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(C) a candidate for an office of a local |
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governmental entity; or |
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(D) a specific-purpose committee for supporting |
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or opposing a candidate for an office of a local governmental |
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entity, assisting a local government officer, or supporting or |
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opposing a measure proposed by a local governmental entity; and |
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(4) providing public access through the commission's |
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Internet website to electronic reports of expenditures filed by a |
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person who communicates directly with a local government officer or |
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local government employee to influence a matter that may be the |
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subject of action by a local governmental entity. |
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(c) The commission may enter into an intergovernmental |
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contract with a local governmental entity to provide the assistance |
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described by Subsection (b). |
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(d) The commission shall maintain and make available |
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through the Internet a searchable database that includes the |
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information in electronic reports filed under this subchapter. |
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(e) Subsection (d) applies beginning January 1, 2010. |
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Subsection (d) and this subsection expire January 15, 2010. |
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SECTION 3. This Act takes effect September 1, 2009. |