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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 certain public |
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entities that engage in lobbying. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 PUBLIC ENTITIES. (a) This section |
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applies only to the following public entities: |
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(1) a political subdivision that imposes a tax; |
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(2) a political subdivision or special district that |
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has the authority to issue bonds, including revenue bonds; |
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(3) a regional mobility authority; |
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(4) a transit authority; |
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(5) a regional tollway authority; |
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(6) a special purpose district, including a municipal |
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utility district and a municipal management district; |
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(7) a public institution of higher education; |
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(8) a community college district; |
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(9) a publicly owned utility; and |
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(10) a river authority or water supply corporation. |
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(b) The governing body of a public entity may not spend |
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public money or provide other compensation to contract with a |
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person required to register as a lobbyist under Chapter 305 to |
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communicate directly with one or more members of the legislative |
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branch to influence legislation pending before the legislature |
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unless the expenditure is: |
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(1) authorized by a majority vote of the governing |
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body of the entity in an open meeting of 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 public entity that contracts with a person required to |
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register as a lobbyist under Chapter 305 in accordance with this |
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section must publish on the entity's Internet 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 entity |
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for membership fees or dues to a nonprofit state association or |
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organization of similarly situated entities that contracts with a |
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person required to 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 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 public entity in accordance with |
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this section may not communicate directly with a member of the |
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legislative branch on behalf of the entity regarding legislation |
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pending before the legislature that specifically proposes to amend |
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Section 26.04(c) or 26.041(c), Tax Code. |
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(e) Notwithstanding other law, a public entity may not |
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provide reimbursement to a person required to register as a |
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lobbyist under Chapter 305 for an expenditure made by the person for |
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food, beverages, or entertainment. |
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(f) If a public entity does not comply with the requirements |
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of this section, a resident of or person receiving services from the |
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entity may file a sworn complaint with the Texas Ethics Commission |
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against the entity 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 public entity 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 2. Section 2254.030, Government Code, is repealed. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |