87R22529 JG-D
 
  By: Bettencourt, et al. S.B. No. 10
 
  (Paddie)
 
  Substitute the following for S.B. No. 10:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain requirements applicable to political
  subdivisions and other entities that engage in lobbying and to the
  applicability of lobbyist registration requirements to a person who
  provides legal services to a political subdivision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 305.003, Government Code, is amended by
  adding Subsection (b-5) to read as follows:
         (b-5)  This section does not require a person to register if
  the person has established an attorney-client relationship with a
  political subdivision to provide legal services and receives or is
  entitled to receive compensation, reimbursement, or expenses under
  an agreement under which the person is retained or employed by the
  political subdivision.
         SECTION 2.  Chapter 556, Government Code, is amended by
  adding Section 556.0056 to read as follows:
         Sec. 556.0056.  RESTRICTIONS ON LOBBYING EXPENDITURES AND
  REIMBURSEMENTS BY CERTAIN POLITICAL SUBDIVISIONS AND OTHER
  ENTITIES. (a) This section applies only to a:
               (1)  political subdivision that imposes a tax;
               (2)  political subdivision or special district that has
  the authority to issue bonds, including revenue bonds;
               (3)  regional mobility authority;
               (4)  transit authority;
               (5)  regional tollway authority;
               (6)  special purpose district, including a municipal
  utility district and a municipal management district;
               (7)  public institution of higher education;
               (8)  community college district;
               (9)  publicly owned utility; and
               (10)  river authority or water supply corporation.
         (b)  The governing body of a political subdivision or other
  entity to which this section applies may not spend public money or
  provide other compensation to contract with a person required to
  register as a lobbyist under Chapter 305 to communicate directly
  with one or more members of the legislative branch to influence
  legislation pending before the legislature unless the expenditure
  is:
               (1)  authorized by a majority vote of the governing
  body of the political subdivision or entity in an open meeting of
  the governing body; and
               (2)  voted on by the governing body as a stand-alone
  item on the agenda at the meeting.
         (c)  A political subdivision or other entity to which this
  section applies that contracts with a person required to register
  as a lobbyist under Chapter 305 in accordance with this section must
  publish on the political subdivision's or entity's Internet
  website:
               (1)  the amount of money authorized under Subsection
  (b) for the purpose of contracting with the person;
               (2)  the name of the person;
               (3)  a copy of the contract;
               (4)  the amount of money, if any, spent by the political
  subdivision or entity for membership fees or dues to a nonprofit
  state association or organization of similarly situated political
  subdivisions or entities that contracts with a person required to
  register as a lobbyist under Chapter 305; and
               (5)  a copy of any current legislative agenda or
  resolution adopted by the political subdivision or entity.
         (d)  A person required to register as a lobbyist under
  Chapter 305 that contracts with a political subdivision or other
  entity to which this section applies in accordance with this
  section may not communicate directly with a member of the
  legislative branch on behalf of the political subdivision or entity
  regarding legislation pending before the legislature that
  specifically proposes to amend Section 26.04(c) or 26.041(c), Tax
  Code.
         (e)  Notwithstanding other law, a political subdivision or
  other entity to which this section applies may not provide
  reimbursement to a person required to register as a lobbyist under
  Chapter 305 for an expenditure made by the person for food,
  beverages, or entertainment.
         (f)  If a political subdivision or other entity to which this
  section applies does not comply with the requirements of this
  section, a resident of or person receiving services from the
  political subdivision or entity may file a sworn complaint with the
  Texas Ethics Commission against the political subdivision or entity
  in accordance with Section 571.122.
         (g)  This section does not prevent an officer or employee of
  a political subdivision or other entity to which this section
  applies from:
               (1)  providing information for a member of the
  legislative branch;
               (2)  appearing before a legislative committee; or
               (3)  communicating directly with one or more members of
  the legislative branch to influence legislation pending before the
  legislature.
         SECTION 3.  Section 2254.030, Government Code, is repealed.
         SECTION 4.  Section 556.0056, Government Code, as added by
  this Act, applies only to a payment or other compensation described
  by that section made under a contract entered into on or after the
  effective date of this Act. A contract entered into before the
  effective date of this Act under which a payment or other
  compensation described by that section is made is governed by the
  law in effect on the date the contract was entered into, and the
  former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2021.