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