By: Burton, et al. S.B. No. 445

A BILL TO BE ENTITLED

AN ACT

relating to the authorization and reporting of expenditures for lobbying activities by certain political subdivisions and other public entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 140, Local Government Code, is amended by adding Section 140.012 to read as follows:

Sec. 140.012. EXPENDITURES FOR LOBBYING ACTIVITIES. (a) This section applies only to:

(1) a political subdivision that imposes a tax;

(2) a political subdivision or special district that has the authority to issue bonds, including revenue bonds;

(3) a regional mobility authority;

(4) a transit authority;

(5) a regional tollway authority;

(6) a special purpose district;

(7) a public institution of higher education;

(8) a community college district;

(9) a utility owned by the state or a political subdivision; or

(10) a river authority.

(b) A political subdivision or entity described by Subsection (a) may enter into a contract to spend money to directly or indirectly influence or attempt to influence the outcome of any legislation only if the contract, purpose of the contract, recipient of the contract, and amount of the contract expenditure are authorized by a majority vote of the governing body of the political subdivision or entity in an open meeting of the governing body. The contract expenditure must be voted on by the governing body as a stand-alone item on the agenda at the meeting. The governing body may approve multiple contract expenditures for the purpose described by this subsection by a single vote of the governing body, if the total amount of those expenditures is stated as a separate item on the meeting agenda.

(c) A political subdivision or entity described by Subsection (a) shall report to the Texas Ethics Commission and publish on the political subdivision's or entity's Internet website:

(1) the amount of money authorized under Subsection (b) for the purpose of directly or indirectly influencing or attempting to influence the outcome of any legislation pending before the legislature;

(2) the name of any person required to register under Chapter 305, Government Code, retained or employed by the political subdivision or entity for the purpose described by Subdivision (1); and

(3) an electronic copy of any contract for services described by Subdivision (1) entered into by the political subdivision or entity with each person listed under Subdivision (2).

(d) In addition to the requirements of Subsection (c), the political subdivision or entity described by Subsection (a) shall report to the Texas Ethics Commission and publish on the political subdivision's or entity's Internet website the amount of public money spent for membership fees and dues of any nonprofit state association or organization of similarly situated political subdivisions or entities that directly or indirectly influences or attempts to influence the outcome of any legislation pending before the legislature.

(e) The Texas Ethics Commission shall make available to the public an online searchable database on the commission's Internet website containing the reports submitted to the commission under Subsection (c).

(f) If any political subdivision or entity described by Subsection (a) does not comply with the requirements of this section, an interested party is entitled to appropriate injunctive relief to prevent any further activity in violation of this section. For purposes of this subsection, "interested party" means a person who:

(1) is a taxpayer of a political subdivision or entity described by Subsection (a); or

(2) is served by or receives services from a political subdivision or entity described by Subsection (a).

(g) This section does not apply to expenditures or contracts of a political subdivision or entity described by Subsection (a) that are related to a person who is a full-time employee of the political subdivision or entity, or to the reimbursement of expenses for a full-time employee of the political subdivision or entity.

SECTION 2. This Act takes effect September 1, 2017.