Spiller Bill Puts An Open Vote Before Any Public-Money Lobbyist

The text as introduced · 644 words

89R3276 GP-D

By: Spiller
H.B. No. 755

A BILL TO BE ENTITLED

AN ACT

relating to certain requirements applicable to certain public

entities that engage in lobbying.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 556, Government Code, is amended by

adding Section 556.0056 to read as follows:

Sec. 556.0056. RESTRICTIONS ON LOBBYING EXPENDITURES AND

REIMBURSEMENTS BY CERTAIN PUBLIC ENTITIES. (a) This section

applies only to the following public entities:

(1) a political subdivision that imposes a tax;

(2) a political subdivision or special district that

is authorized to issue bonds, including revenue bonds;

(3) a regional mobility authority;

(4) a transit authority;

(5) a regional tollway authority;

(6) a special purpose district, including a municipal

utility district and a municipal management district;

(7) a public institution of higher education;

(8) a community college district;

(9) a publicly owned utility; and

(10) a river authority or water supply corporation.

(b) A public entity's governing body may not spend public

money or provide other compensation to contract with a person

required to register as a lobbyist under Chapter 305 to communicate

directly with one or more members of the legislative branch to

influence legislation pending before the legislature unless the

expenditure is:

(1) authorized by a majority vote of the governing

body in an open meeting of the governing body; and

(2) voted on by the governing body at the meeting as a

stand-alone item on the agenda.

(c) A public entity that contracts with a person required to

register as a lobbyist under Chapter 305 in accordance with this

section must publish on the entity's Internet website:

(1) the amount of money authorized to be spent under

Subsection (b) to contract with the person;

(2) the name of the person;

(3) a copy of the contract;

(4) the amount of money, if any, spent by the entity

for membership fees or dues to a nonprofit state association or

organization of similarly situated entities that contracts with a

person required to register as a lobbyist under Chapter 305; and

(5) a copy of any current legislative agenda or

resolution adopted by the entity.

(d) A person required to register as a lobbyist under

Chapter 305 that contracts with a public entity in accordance with

this section may not communicate directly with a member of the

legislative branch on behalf of the entity regarding legislation

pending before the legislature that specifically proposes to amend

Section 26.04(c) or 26.041(c), Tax Code.

(e) Notwithstanding other law, a public entity may not

reimburse a person required to register as a lobbyist under Chapter

305 for an expenditure the person made for food, beverages, or

entertainment.

(f) If a public entity does not comply with the requirements

of this section, a resident of or person receiving services from the

entity may file with the Texas Ethics Commission a sworn complaint

against the entity in accordance with Section 571.122.

(g) This section does not prevent an officer or employee of

a public entity from:

(1) providing information to a member of the

legislative branch;

(2) appearing before a legislative committee; or

(3) communicating directly with one or more members of

the legislative branch to influence legislation pending before the

legislature.

SECTION 2. Section 2254.030, Government Code, is repealed.

SECTION 3. Section 556.0056, Government Code, as added by

this Act, applies only to a payment or other compensation described

by that section made under a contract entered into on or after the

effective date of this Act. A contract entered into before the

effective date of this Act under which a payment or other

compensation described by that section is made is governed by the

law in effect on the date the contract was entered into, and the

former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.