By: Wentworth S.B. No. 2137

A BILL TO BE ENTITLED

AN ACT

relating to filing with the Texas Ethics Commission disclosure reports relating to local governmental entities and local government officers.

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 BUSINESS WITH LOCAL GOVERNMENTAL

ENTITY

Sec. 305.051. DEFINITIONS. In this subchapter:

(1) "Local governmental entity" has the meaning assigned by Section 176.001(3), Local Government Code.

(2) "Local government officer" has the meaning assigned by Section 176.001(4), Local Government Code.

Sec. 305.052. APPLICABILITY OF CHAPTER. Unless expressly provided by this chapter, the provisions of this chapter do not apply to a person who communicates directly with a local government officer to influence an action of a local governmental entity or who enters or seeks to enter into a contract with a local governmental entity.

Sec 305.053. FILING REPORTS WITH ETHICS COMMISSION. Regardless of whether a local governmental entity has entered into an intergovernmental contract authorized by Subchapter G, Chapter 571, Government Code, a person required to file a report under Chapter 176, Local Government Code, may file the report with the commission. If a local governmental entity has not entered into an intergovernmental contract with the commission pursuant to Subchapter G, Chapter 571, Government Code, a person who files a report with the commission pursuant to this subsection must also file the report with the local governmental entity.

Sec. 305.054. VOLUNTARY DISCLOSURE. (a) This section applies to a person who communicates directly with a local government officer to influence a matter that may be the subject of action by a local governmental entity.

(b) A person described by Subsection (a) may report to the commission expenditures made to communicate directly with a local government officer.

(c) Expenditures that are voluntarily disclosed pursuant to this section are considered to be expenditures made and reported in accordance with this chapter.

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

LOCAL GOVERNMENT OFFICERS

Sec. 571.201. PURPOSE. The purpose of this subchapter is to further the objective of fully disclosing information related to expenditures and contributions for elections and for petitioning the government by allowing a local governmental entity or persons who petition a local governmental entity to utilize the commission's software and other commission resources to file disclosure reports of expenditures and contributions, including those disclosure reports provided voluntarily under Section 305.054, Government Code, or required by state law or a rule, regulation, or ordinance adopted by a local governmental entity.

Sec. 571.202. DEFINITIONS. In this subchapter:

(1) "Local governmental entity" has the meaning assigned by Section 176.001(3), Local Government Code.

(2) "Local government officer" has the meaning assigned by Section 176.001(4), Local Government Code.

(3) "Communicates directly with" has the meaning assigned by Section 305.002(2), Government Code.

Sec. 571.203. USE OF COMMISSION SOFTWARE AND RESOURCES. (a) To fulfill the purpose of this subchapter and to facilitate filing of disclosure reports provided voluntarily under Section 305.054, Government Code, or required under state law or a rule, regulation, or ordinance adopted by a local governmental entity, including those reports required under Chapters 145, 159, and 176, Local Government Code, the commission may allow the use of commission software and resources by:

(1) a local governmental entity;

(2) a local government officer;

(3) a person who enters or seeks to enter into a contract with a local governmental entity; or

(4) a person who communicates directly with a local government officer 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, or a person who communicates directly with a local government officer to influence an action of a local governmental entity or who enters or seeks to enter into a contract with a local governmental entity by:

(1) developing software to facilitate electronic filing of disclosure reports;

(2) accepting disclosure reports for electronic filing;

(3) providing public access through the Internet to electronic reports filed with the commission by:

(A) a local governmental entity;

(B) a local government officer;

(C) a candidate for an office of a local governmental entity;

(D) a person who enters or seeks to enter into a contract with a local governmental entity; or

(E) a person who communicates directly with a local government officer 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 (a).

(d) The commission may adopt rules to implement this section.

Sec. 571.204. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES AND PERSONS. Unless expressly provided by this chapter, the provisions of this chapter do not apply to:

(1) a local governmental entity;

(2) a local government officer;

(3) a candidate for an office of a local governmental entity;

(4) a person who enters or seeks to enter into a contract with a local governmental entity; or

(5) a person who communicates directly with a local government officer to influence a matter that may be the subject of action by a local governmental entity.

SECTION 3. This Act takes effect on September 1, 2009.