Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB1862 by Burton (Relating to the use by a political subdivision of public money for lobbying activities or lobbyists; creating a criminal offense.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would transfer Section 89.002, Local Government Code to Section 556.0056, Government Code. The bill would prohibit a political subdivision from using public money to fund certain activities to directly or indirectly influence the outcome of legislation. The bill prescribes exceptions, including providing information to a member of the legislature, an elected official advocating for or against legislation, or an employee appearing before a legislative committee at request. The bill would permit a political subdivision to spend public money for membership of a nonprofit state association or organization if certain circumstances exist. The bill would permit an interested party or the Attorney General to bring to an action against a member or group of members for a violation or threatened violation of the provisions of the bill and recover costs and attorney's fees. The bill creates a Class B misdemeanor for a member, group of members, or a lobbyist who knowingly conspires to circumvent the provisions of the bill. The bill provides an affirmative defense to prosecution. Under the provisions of the bill, a private person bringing an action under the section would be awarded a portion of the proceeds of the action and fees and costs. The bill would permit a court discretion to determine the amount of the award based on several factors.
The Office of Court Administration reported no significant fiscal impact to the state court system is anticipated.
The Office of Attorney General anticipates any additional legal work resulting from the passage of the bill could be reasonably absorbed within current resources.
Local Government Impact
The fiscal implications to units of local government cannot be determined at this time.
The Texas Association of Counties reported prohibiting county officials from having lobbyists or other representation could result in significant costs to counties due to the potential for an increase of unfunded mandates or other financial burdens on local governments; however the costs cannot be determined.
The Texas Municipal League reported removing certain abilities of municipalities, as prescribed by the bill, could impose costs on municipalities; however, the costs cannot be determined.
A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 356 Texas Ethics Commission