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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements applicable to certain governmental |
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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 GOVERNMENTAL ENTITIES. (a) This section |
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applies only to a governmental entity authorized to impose a tax. |
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(b) A governmental entity's governing body may not spend |
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public money obtained through taxes the entity imposes to contract |
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with a person required to register as a lobbyist under Chapter 305 |
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to 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 in an open meeting of the governing body; and |
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(2) voted on by the governing body at the meeting as a |
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stand-alone item on the agenda. |
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(c) A governmental entity that contracts with a person |
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required to register as a lobbyist under Chapter 305 in accordance |
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with this section must publish on the entity's Internet website: |
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(1) the amount of money authorized to be spent under |
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Subsection (b) to contract 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 governmental entity in accordance |
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with 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 governmental entity may |
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not reimburse a person required to register as a lobbyist under |
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Chapter 305 for an expenditure the person made for food, beverages, |
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or entertainment. |
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(f) If a governmental entity does not comply with the |
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requirements of this section, a resident of or person receiving |
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services from the entity may file with the Texas Ethics Commission a |
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sworn complaint against the entity in accordance with Section |
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571.122. |
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(g) This section does not prevent an officer or employee of |
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a governmental entity from: |
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(1) providing information to 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 described by that section made |
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under a contract entered into on or after the effective date of this |
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Act. A contract entered into before the effective date of this Act |
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under which a payment described by that section is made is governed |
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by the law in effect on the date the contract was entered into, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |