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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization and reporting of expenditures for |
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lobbying activities by certain political subdivisions and other |
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public entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 140, Local Government Code, is amended |
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by adding Section 140.014 to read as follows: |
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Sec. 140.014. EXPENDITURES FOR LOBBYING ACTIVITIES. (a) |
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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; |
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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. |
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(b) A political subdivision or other entity to which this |
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section applies may spend money to directly or indirectly influence |
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or attempt to influence the outcome of legislation pending before |
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the legislature only if the expenditure 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 shall report to the Texas Ethics Commission and |
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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 directly or indirectly influencing or |
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attempting to influence the outcome of legislation pending before |
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the legislature; |
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(2) the name of each person required to register under |
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Chapter 305, Government Code, that is retained or employed by or on |
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behalf of the political subdivision or entity for the purpose |
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described by Subdivision (1); and |
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(3) an electronic copy of each contract for services |
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for the purpose described by Subdivision (1) that is entered into by |
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the political subdivision or entity, or by a person on behalf of the |
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political subdivision or entity, with each person listed under |
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Subdivision (2). |
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(d) In addition to the requirements of Subsection (c), a |
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political subdivision or other entity to which this section applies |
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shall report to the Texas Ethics Commission and publish on the |
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political subdivision's or entity's Internet website the amount of |
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public money spent for membership fees and dues of any nonprofit |
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state association or organization of similarly situated political |
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subdivisions or entities that directly or indirectly influences or |
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attempts to influence the outcome of legislation pending before the |
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legislature. |
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(e) The Texas Ethics Commission shall make available to the |
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public an easily searchable database on the commission's Internet |
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website containing the reports submitted to the commission under |
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Subsection (c). |
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(f) If a political subdivision or other entity to which this |
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section applies violates this section, an interested party is |
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entitled to appropriate injunctive relief to prevent further |
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activity in violation of this section. For purposes of this |
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subsection, "interested party" means a person who: |
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(1) is a taxpayer of the political subdivision or |
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entity; or |
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(2) is served by or receives services from the |
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political subdivision or entity. |
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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 advocating for or against or otherwise influencing or |
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attempting to influence the outcome of legislation pending before |
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the legislature. |
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SECTION 2. The Texas Ethics Commission is required to |
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implement the change in law made by Section 140.014(e), Local |
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Government Code, as added by this Act, only if the legislature |
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appropriates money specifically for that purpose. If the |
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legislature does not appropriate money specifically for that |
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purpose, the Texas Ethics Commission may, but is not required to, |
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implement that change in law using other appropriations available |
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for the purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |