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  88R5612 MPF-D
 
  By: Bettencourt S.B. No. 2330
 
 
 
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 140.014 to read as follows:
         Sec. 140.014.  EXPENDITURES FOR LOBBYING ACTIVITIES. (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;
               (7)  public institution of higher education;
               (8)  community college district;
               (9)  publicly owned utility; and
               (10)  river authority.
         (b)  A political subdivision or other entity to which this
  section applies may spend money to directly or indirectly influence
  or attempt to influence the outcome of legislation pending before
  the legislature only if 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 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 legislation pending before
  the legislature;
               (2)  the name of each person required to register under
  Chapter 305, Government Code, that is retained or employed by or on
  behalf of the political subdivision or entity for the purpose
  described by Subdivision (1); and
               (3)  an electronic copy of each contract for services
  for the purpose described by Subdivision (1) that is entered into by
  the political subdivision or entity, or by a person on behalf of the
  political subdivision or entity, with each person listed under
  Subdivision (2).
         (d)  In addition to the requirements of Subsection (c), a
  political subdivision or other entity to which this section applies
  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 legislation pending before the
  legislature.
         (e)  The Texas Ethics Commission shall make available to the
  public an easily searchable database on the commission's Internet
  website containing the reports submitted to the commission under
  Subsection (c).
         (f)  If a political subdivision or other entity to which this
  section applies violates this section, an interested party is
  entitled to appropriate injunctive relief to prevent further
  activity in violation of this section. For purposes of this
  subsection, "interested party" means a person who:
               (1)  is a taxpayer of the political subdivision or
  entity; or
               (2)  is served by or receives services from the
  political subdivision or entity.
         (g)  This section does not prevent an officer or employee of
  a political subdivision or other entity to which this section
  applies from advocating for or against or otherwise influencing or
  attempting to influence the outcome of legislation pending before
  the legislature.
         SECTION 2.  The Texas Ethics Commission is required to
  implement the change in law made by Section 140.014(e), Local
  Government Code, as added by this Act, only if the legislature
  appropriates money specifically for that purpose. If the
  legislature does not appropriate money specifically for that
  purpose, the Texas Ethics Commission may, but is not required to,
  implement that change in law using other appropriations available
  for the purpose.
         SECTION 3.  This Act takes effect September 1, 2023.