Bill Text: TX SB703 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the reporting by local governmental entities of expenditures for lobbying; providing a civil penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-04-01 - Co-author authorized [SB703 Detail]
Download: Texas-2019-SB703-Introduced.html
86R2672 SOS-D | ||
By: Bettencourt | S.B. No. 703 |
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relating to the reporting by local governmental entities of | ||
expenditures for lobbying; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 571.061(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall administer and enforce: | ||
(1) Chapters 302, 303, 305, 572, and 2004; | ||
(1-a) Chapter 139, Local Government Code; | ||
(2) Subchapter C, Chapter 159, Local Government Code, | ||
in connection with a county judicial officer, as defined by Section | ||
159.051, Local Government Code, who elects to file a financial | ||
statement with the commission; | ||
(3) Title 15, Election Code; and | ||
(4) Sections 2152.064 and 2155.003. | ||
SECTION 2. Section 571.073, Government Code, is amended to | ||
read as follows: | ||
Sec. 571.073. REPORT. On or before December 31 of each | ||
even-numbered year, the commission shall report to the governor and | ||
legislature. The report must include: | ||
(1) each advisory opinion issued by the commission | ||
under Subchapter D in the preceding two years; | ||
(2) a summary of commission activities in the | ||
preceding two years, including: | ||
(A) the number of sworn complaints filed with the | ||
commission; | ||
(B) the number of sworn complaints dismissed for | ||
noncompliance with statutory form requirements; | ||
(C) the number of sworn complaints dismissed for | ||
lack of jurisdiction; | ||
(D) the number of sworn complaints dismissed | ||
after a finding of no credible evidence of a violation; | ||
(E) the number of sworn complaints dismissed | ||
after a finding of a lack of sufficient evidence to determine | ||
whether a violation within the jurisdiction of the commission has | ||
occurred; | ||
(F) the number of sworn complaints resolved by | ||
the commission through an agreed order; | ||
(G) the number of sworn complaints in which the | ||
commission issued an order finding a violation and the resulting | ||
penalties, if any; and | ||
(H) the number and amount of civil penalties | ||
imposed for failure to timely file a statement or report, the number | ||
and amount of those civil penalties fully paid, the number and | ||
amount of those civil penalties partially paid, and the number and | ||
amount of those civil penalties no part of which has been paid, for | ||
each of the following category of statements and reports, listed | ||
separately: | ||
(i) financial statements required to be | ||
filed under Chapter 572; | ||
(ii) political contribution and | ||
expenditure reports required to be filed under Section 254.063, | ||
254.093, 254.123, 254.153, or 254.157, Election Code; | ||
(iii) political contribution and | ||
expenditure reports required to be filed under Section 254.064(b), | ||
254.124(b), or 254.154(b), Election Code; | ||
(iv) political contribution and | ||
expenditure reports required to be filed under Section 254.064(c), | ||
254.124(c), or 254.154(c), Election Code; | ||
(v) political contribution and expenditure | ||
reports required to be filed under Section 254.038 or 254.039, | ||
Election Code; [ |
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(vi) political contribution and | ||
expenditure reports required to be filed under Section 254.0391, | ||
Election Code; and | ||
(vii) statements of expenditures for | ||
lobbying by a local governmental entity required to be filed under | ||
Chapter 139, Local Government Code; and | ||
(3) recommendations for any necessary statutory | ||
changes. | ||
SECTION 3. Section 571.091(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall prepare a written opinion | ||
answering the request of a person subject to any of the following | ||
laws for an opinion about the application of any of these laws to | ||
the person in regard to a specified existing or hypothetical | ||
factual situation: | ||
(1) Chapter 302; | ||
(2) Chapter 303; | ||
(3) Chapter 305; | ||
(4) Chapter 2004; | ||
(5) Chapter 572; | ||
(5-a) Chapter 139, Local Government Code; | ||
(6) Subchapter C, Chapter 159, Local Government Code, | ||
as provided by Section 571.061(a)(2); | ||
(7) Title 15, Election Code; | ||
(8) Chapter 36, Penal Code; | ||
(9) Chapter 39, Penal Code; | ||
(10) Section 2152.064; or | ||
(11) Section 2155.003. | ||
SECTION 4. Subtitle C, Title 4, Local Government Code, is | ||
amended by adding Chapter 139 to read as follows: | ||
CHAPTER 139. REPORTING OF EXPENDITURES FOR LOBBYING BY LOCAL | ||
GOVERNMENTAL ENTITIES | ||
Sec. 139.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Ethics Commission. | ||
(2) "Lobbying" means communicating directly with a | ||
member of the legislative or executive branch for the purpose of | ||
influencing legislative action on behalf of a person by whom an | ||
individual is compensated or reimbursed. | ||
(3) "Local governmental entity" means a county, | ||
municipality, school district, or hospital district. The term does | ||
not include a junior college district. | ||
Sec. 139.002. STATEMENT OF EXPENDITURES FOR LOBBYING. (a) | ||
In accordance with Subsection (b), the governing body of a local | ||
governmental entity shall file with the commission a statement that | ||
clearly and concisely shows the local governmental entity's total | ||
expenditures for lobbying activities during the period covered by | ||
the statement, including: | ||
(1) the full name, business name, and business address | ||
of each person required to register under Chapter 305, Government | ||
Code, with whom the local governmental entity has contracted to | ||
perform lobbying activities; and | ||
(2) the total contract amount paid to each person | ||
required to register under Chapter 305, Government Code, for | ||
lobbying activities on behalf of the local governmental entity. | ||
(b) A local governmental entity shall file two statements | ||
each odd-numbered year as follows: | ||
(1) the first statement shall be filed not later than | ||
January 15 of each odd-numbered year and cover the period beginning | ||
July 1 of the preceding odd-numbered year and ending December 31 of | ||
the preceding even-numbered year; and | ||
(2) the second statement shall be filed not later than | ||
July 31 of each odd-numbered year and cover the period beginning | ||
January 1 and ending June 30 of the year in which the statement is | ||
filed. | ||
(c) A local governmental entity shall post each statement | ||
filed under this section on an easily accessible page on the | ||
entity's Internet website. | ||
Sec. 139.003. TIMELINESS OF FILING. (a) The deadline for | ||
filing a statement of expenditures for lobbying required by Section | ||
139.002 is 5 p.m. of the last day designated in the applicable | ||
provision for filing the statement. | ||
(b) If the last day for filing the statement of expenditures | ||
for lobbying is a Saturday, Sunday, or holiday included under | ||
Subchapter B, Chapter 662, the statement is timely if filed on the | ||
next day that is not a Saturday, Sunday, or listed holiday. | ||
(c) A statement of expenditures for lobbying is timely filed | ||
if it is properly addressed and placed in the United States Postal | ||
Service or in the hands of a common or contract carrier not later | ||
than the last day for filing the statement. The post office | ||
cancellation mark or the receipt mark of a common or contract | ||
carrier is prima facie evidence of the date the statement was | ||
deposited with the postal service or carrier. The local | ||
governmental entity filing the statement may show by competent | ||
evidence that the actual date of posting was different from that | ||
shown by the marks. | ||
Sec. 139.004. CIVIL PENALTY. (a) The commission shall | ||
determine from any available evidence whether a statement of | ||
expenditures for lobbying required to be filed under Section | ||
139.002 is late. On making a determination that the statement is | ||
late, the commission shall immediately mail a notice of the | ||
determination to the governing body of the local governmental | ||
entity responsible for filing the statement and to the appropriate | ||
attorney for the state. | ||
(b) If a statement is determined to be late, the local | ||
governmental entity is liable to the state for a civil penalty of | ||
$500. If a statement is more than 30 days late, the commission | ||
shall issue a warning of liability by registered mail to the | ||
governing body of the local governmental entity responsible for the | ||
filing. If the penalty is not paid before the 10th day after the | ||
date on which the warning is received, the local governmental | ||
entity is liable for a civil penalty in an amount determined by | ||
commission rule, but not to exceed $10,000. | ||
Sec. 139.005. RULES. The commission shall adopt rules | ||
necessary to implement this chapter, including rules prescribing | ||
the form of a statement of expenditures for lobbying required by | ||
Section 139.002. | ||
SECTION 5. (a) Not later than December 1, 2019, the Texas | ||
Ethics Commission shall adopt rules required by Section 139.005, | ||
Local Government Code, as added by this Act. | ||
(b) Notwithstanding Section 139.002, Local Government Code, | ||
as added by this Act, the initial statement of expenditures for | ||
lobbying activities required to be filed by that section on January | ||
15, 2021, must cover the period beginning January 1, 2020, and | ||
ending December 31, 2020. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |