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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements applicable to political |
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subdivisions and other entities that engage in lobbying and to the |
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applicability of lobbyist registration requirements to a person who |
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provides legal services to a political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 305.003, Government Code, is amended by |
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adding Subsection (b-5) to read as follows: |
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(b-5) This section does not require a person to register if |
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the person has established an attorney-client relationship with a |
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political subdivision to provide legal services and receives or is |
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entitled to receive compensation, reimbursement, or expenses under |
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an agreement under which the person is retained or employed by the |
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political subdivision. |
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SECTION 2. Chapter 556, Government Code, is amended by |
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adding Section 556.0056 to read as follows: |
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Sec. 556.0056. RESTRICTIONS ON LOBBYING EXPENDITURES AND |
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REIMBURSEMENTS BY CERTAIN POLITICAL SUBDIVISIONS AND OTHER |
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ENTITIES. (a) This section applies only to a: |
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(1) political subdivision that imposes a tax; |
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(2) political subdivision or special district that has |
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the authority to issue bonds, including revenue bonds; |
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(3) regional mobility authority; |
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(4) transit authority; |
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(5) regional tollway authority; |
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(6) special purpose district, including a municipal |
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utility district and a municipal management district; |
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(7) public institution of higher education; |
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(8) community college district; |
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(9) publicly owned utility; and |
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(10) river authority or water supply corporation. |
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(b) The governing body of a political subdivision or other |
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entity to which this section applies may not spend public money or |
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provide other compensation to contract with a person required to |
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register as a lobbyist under Chapter 305 to communicate directly |
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with one or more members of the legislative branch to influence |
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legislation pending before the legislature unless the expenditure |
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is: |
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(1) authorized by a majority vote of the governing |
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body of the political subdivision or entity in an open meeting of |
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the governing body; and |
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(2) voted on by the governing body as a stand-alone |
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item on the agenda at the meeting. |
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(c) A political subdivision or other entity to which this |
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section applies that contracts with a person required to register |
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as a lobbyist under Chapter 305 in accordance with this section must |
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publish on the political subdivision's or entity's Internet |
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website: |
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(1) the amount of money authorized under Subsection |
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(b) for the purpose of contracting with the person; |
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(2) the name of the person; |
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(3) a copy of the contract; |
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(4) the amount of money, if any, spent by the political |
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subdivision or entity for membership fees or dues to a nonprofit |
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state association or organization of similarly situated political |
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subdivisions or entities that contracts with a person required to |
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register as a lobbyist under Chapter 305; and |
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(5) a copy of any current legislative agenda or |
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resolution adopted by the political subdivision or entity. |
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(d) A person required to register as a lobbyist under |
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Chapter 305 that contracts with a political subdivision or other |
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entity to which this section applies in accordance with this |
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section may not communicate directly with a member of the |
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legislative branch on behalf of the political subdivision or entity |
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regarding legislation pending before the legislature that |
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specifically proposes to amend Section 26.04(c) or 26.041(c), Tax |
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Code. |
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(e) Notwithstanding other law, a political subdivision or |
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other entity to which this section applies may not provide |
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reimbursement to a person required to register as a lobbyist under |
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Chapter 305 for an expenditure made by the person for food, |
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beverages, or entertainment. |
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(f) If a political subdivision or other entity to which this |
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section applies does not comply with the requirements of this |
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section, a resident of or person receiving services from the |
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political subdivision or entity may file a sworn complaint with the |
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Texas Ethics Commission against the political subdivision or entity |
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in accordance with Section 571.122. |
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(g) This section does not prevent an officer or employee of |
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a political subdivision or other entity to which this section |
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applies from: |
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(1) providing information for a member of the |
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legislative branch; |
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(2) appearing before a legislative committee; or |
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(3) communicating directly with one or more members of |
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the legislative branch to influence legislation pending before the |
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legislature. |
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SECTION 3. Section 2254.030, Government Code, is repealed. |
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SECTION 4. Section 556.0056, Government Code, as added by |
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this Act, applies only to a payment or other compensation described |
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by that section made under a contract entered into on or after the |
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effective date of this Act. A contract entered into before the |
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effective date of this Act under which a payment or other |
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compensation described by that section is made is governed by the |
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law in effect on the date the contract was entered into, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |