State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-556-political-activities-by-certain-public-entities-and-individuals

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 556. POLITICAL ACTIVITIES BY CERTAIN PUBLIC ENTITIES AND

INDIVIDUALS

Sec. 556.001. DEFINITIONS. In this chapter:

(1) "Appropriated money" means money appropriated by the

legislature through the General Appropriations Act or other law.

(2) "State agency" means:

(A) a department, commission, board, office, or other agency in

the executive branch of state government, created under the

constitution or a statute, with statewide authority;

(B) a university system or an institution of higher education as

defined by Section 61.003, Education Code; or

(C) the supreme court, the court of criminal appeals, another

entity in the judicial branch of state government with statewide

authority, or a court of appeals.

(3) "State employee" means an individual who is employed by a

state agency. The term does not include an elected official or an

individual appointed to office by the governor or another

officer.

(4) "State officer" means an individual appointed to office by

the governor or another officer.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.002. APPLICATION TO CERTAIN ENTITIES AND INDIVIDUALS.

(a) This chapter applies to the use of appropriated money by the

following public entities and their officers and employees as if

the entities were state agencies and their officers and employees

were state employees:

(1) a regional planning commission, council of governments, or

similar regional planning agency created under Chapter 391, Local

Government Code;

(2) a local workforce development board created under Subchapter

F, Chapter 2308; and

(3) a community center created under Subchapter A, Chapter 534,

Health and Safety Code.

(b) This chapter does not prohibit the payment of reasonable

dues to an organization that represents student interests before

the legislature or the Congress of the United States from that

portion of mandatory student service fees that is allocated to

the student government organization at an institution of higher

education. A mandatory student service fee may not be used to

influence the outcome of an election.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 85, eff.

June 19, 1997; Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept.

1, 1999.

Sec. 556.003. STATE EMPLOYEES' RIGHTS. A state employee has the

rights of freedom of association and political participation

guaranteed by the state and federal constitutions except as

provided by Section 556.004.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.004. PROHIBITED ACTS OF AGENCIES AND INDIVIDUALS. (a)

A state agency may not use any money under its control, including

appropriated money, to finance or otherwise support the candidacy

of a person for an office in the legislative, executive, or

judicial branch of state government or of the government of the

United States. This prohibition extends to the direct or indirect

employment of a person to perform an action described by this

subsection.

(b) A state officer or employee may not use a state-owned or

state-leased motor vehicle for a purpose described by Subsection

(a).

(c) A state officer or employee may not use official authority

or influence or permit the use of a program administered by the

state agency of which the person is an officer or employee to

interfere with or affect the result of an election or nomination

of a candidate or to achieve any other political purpose.

(d) A state employee may not coerce, attempt to coerce, command,

restrict, attempt to restrict, or prevent the payment, loan, or

contribution of any thing of value to a person or political

organization for a political purpose.

(e) For purposes of Subsection (c), a state officer or employee

does not interfere with or affect the results of an election or

nomination if the individual's conduct is permitted by a law

relating to the individual's office or employment and is not

otherwise unlawful.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.005. EMPLOYMENT OF LOBBYIST. (a) A state agency may

not use appropriated money to employ, as a regular full-time or

part-time or contract employee, a person who is required by

Chapter 305 to register as a lobbyist. Except for an institution

of higher education as defined by Section 61.003, Education Code,

a state agency may not use any money under its control to employ

or contract with an individual who is required by Chapter 305 to

register as a lobbyist.

(b) A state agency may not use appropriated money to pay, on

behalf of the agency or an officer or employee of the agency,

membership dues to an organization that pays part or all of the

salary of a person who is required by Chapter 305 to register as

a lobbyist. This subsection does not apply to the payment by a

state agency of membership fees under Chapter 81.

(c) A state agency that violates Subsection (a) is subject to a

reduction of amounts appropriated for administration by the

General Appropriations Act for the biennium following the

biennium in which the violation occurs in an amount not to exceed

$100,000 for each violation.

(d) A state agency administering a statewide retirement plan may

enter into a contract to receive assistance or advice regarding

the qualified tax status of the plan or on other federal matters

affecting the administration of the state agency or its programs

if the contractor is not required by Chapter 305 to register as a

lobbyist.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 249, Sec. 4.11, eff.

Sept. 1, 2003.

Sec. 556.0055. RESTRICTIONS ON LOBBYING EXPENDITURES. (a) A

political subdivision or private entity that receives state funds

may not use the funds to pay:

(1) lobbying expenses incurred by the recipient of the funds;

(2) a person or entity that is required to register with the

Texas Ethics Commission under Chapter 305;

(3) any partner, employee, employer, relative, contractor,

consultant, or related entity of a person or entity described by

Subdivision (2); or

(4) a person or entity that has been hired to represent

associations or other entities for the purpose of affecting the

outcome of legislation, agency rules, ordinances, or other

government policies.

(b) A political subdivision or private entity that violates

Subsection (a) is not eligible to receive additional state funds.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.006. LEGISLATIVE LOBBYING. (a) A state agency may not

use appropriated money to attempt to influence the passage or

defeat of a legislative measure.

(b) This section does not prohibit a state officer or employee

from using state resources to provide public information or to

provide information responsive to a request.

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 86, eff. June 19,

1997. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.007. TERMINATION OF EMPLOYMENT. A state employee who

causes an employee to be discharged, demoted, or otherwise

discriminated against for providing information under Section

556.006(b) or who violates Section 556.004(c) or (d) is subject

to immediate termination of employment.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.008. COMPENSATION PROHIBITION. A state agency may not

use appropriated money to compensate a state officer or employee

who violates Section 556.004(a), (b), or (c) or Section 556.005

or 556.006(a), or who is subject to termination under Section

556.007.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.009. NOTICE OF PROHIBITIONS. (a) A state agency shall

provide each officer and employee of the agency a copy of

Sections 556.004, 556.005, 556.006, 556.007, and 556.008 and

require a signed receipt on delivery. A new copy and receipt are

required if one of those provisions is changed.

(b) A state agency shall maintain receipts collected from

current officers and employees under this section in a manner

accessible for public inspection.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-556-political-activities-by-certain-public-entities-and-individuals

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 556. POLITICAL ACTIVITIES BY CERTAIN PUBLIC ENTITIES AND

INDIVIDUALS

Sec. 556.001. DEFINITIONS. In this chapter:

(1) "Appropriated money" means money appropriated by the

legislature through the General Appropriations Act or other law.

(2) "State agency" means:

(A) a department, commission, board, office, or other agency in

the executive branch of state government, created under the

constitution or a statute, with statewide authority;

(B) a university system or an institution of higher education as

defined by Section 61.003, Education Code; or

(C) the supreme court, the court of criminal appeals, another

entity in the judicial branch of state government with statewide

authority, or a court of appeals.

(3) "State employee" means an individual who is employed by a

state agency. The term does not include an elected official or an

individual appointed to office by the governor or another

officer.

(4) "State officer" means an individual appointed to office by

the governor or another officer.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.002. APPLICATION TO CERTAIN ENTITIES AND INDIVIDUALS.

(a) This chapter applies to the use of appropriated money by the

following public entities and their officers and employees as if

the entities were state agencies and their officers and employees

were state employees:

(1) a regional planning commission, council of governments, or

similar regional planning agency created under Chapter 391, Local

Government Code;

(2) a local workforce development board created under Subchapter

F, Chapter 2308; and

(3) a community center created under Subchapter A, Chapter 534,

Health and Safety Code.

(b) This chapter does not prohibit the payment of reasonable

dues to an organization that represents student interests before

the legislature or the Congress of the United States from that

portion of mandatory student service fees that is allocated to

the student government organization at an institution of higher

education. A mandatory student service fee may not be used to

influence the outcome of an election.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 85, eff.

June 19, 1997; Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept.

1, 1999.

Sec. 556.003. STATE EMPLOYEES' RIGHTS. A state employee has the

rights of freedom of association and political participation

guaranteed by the state and federal constitutions except as

provided by Section 556.004.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.004. PROHIBITED ACTS OF AGENCIES AND INDIVIDUALS. (a)

A state agency may not use any money under its control, including

appropriated money, to finance or otherwise support the candidacy

of a person for an office in the legislative, executive, or

judicial branch of state government or of the government of the

United States. This prohibition extends to the direct or indirect

employment of a person to perform an action described by this

subsection.

(b) A state officer or employee may not use a state-owned or

state-leased motor vehicle for a purpose described by Subsection

(a).

(c) A state officer or employee may not use official authority

or influence or permit the use of a program administered by the

state agency of which the person is an officer or employee to

interfere with or affect the result of an election or nomination

of a candidate or to achieve any other political purpose.

(d) A state employee may not coerce, attempt to coerce, command,

restrict, attempt to restrict, or prevent the payment, loan, or

contribution of any thing of value to a person or political

organization for a political purpose.

(e) For purposes of Subsection (c), a state officer or employee

does not interfere with or affect the results of an election or

nomination if the individual's conduct is permitted by a law

relating to the individual's office or employment and is not

otherwise unlawful.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.005. EMPLOYMENT OF LOBBYIST. (a) A state agency may

not use appropriated money to employ, as a regular full-time or

part-time or contract employee, a person who is required by

Chapter 305 to register as a lobbyist. Except for an institution

of higher education as defined by Section 61.003, Education Code,

a state agency may not use any money under its control to employ

or contract with an individual who is required by Chapter 305 to

register as a lobbyist.

(b) A state agency may not use appropriated money to pay, on

behalf of the agency or an officer or employee of the agency,

membership dues to an organization that pays part or all of the

salary of a person who is required by Chapter 305 to register as

a lobbyist. This subsection does not apply to the payment by a

state agency of membership fees under Chapter 81.

(c) A state agency that violates Subsection (a) is subject to a

reduction of amounts appropriated for administration by the

General Appropriations Act for the biennium following the

biennium in which the violation occurs in an amount not to exceed

$100,000 for each violation.

(d) A state agency administering a statewide retirement plan may

enter into a contract to receive assistance or advice regarding

the qualified tax status of the plan or on other federal matters

affecting the administration of the state agency or its programs

if the contractor is not required by Chapter 305 to register as a

lobbyist.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 249, Sec. 4.11, eff.

Sept. 1, 2003.

Sec. 556.0055. RESTRICTIONS ON LOBBYING EXPENDITURES. (a) A

political subdivision or private entity that receives state funds

may not use the funds to pay:

(1) lobbying expenses incurred by the recipient of the funds;

(2) a person or entity that is required to register with the

Texas Ethics Commission under Chapter 305;

(3) any partner, employee, employer, relative, contractor,

consultant, or related entity of a person or entity described by

Subdivision (2); or

(4) a person or entity that has been hired to represent

associations or other entities for the purpose of affecting the

outcome of legislation, agency rules, ordinances, or other

government policies.

(b) A political subdivision or private entity that violates

Subsection (a) is not eligible to receive additional state funds.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.006. LEGISLATIVE LOBBYING. (a) A state agency may not

use appropriated money to attempt to influence the passage or

defeat of a legislative measure.

(b) This section does not prohibit a state officer or employee

from using state resources to provide public information or to

provide information responsive to a request.

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 86, eff. June 19,

1997. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.007. TERMINATION OF EMPLOYMENT. A state employee who

causes an employee to be discharged, demoted, or otherwise

discriminated against for providing information under Section

556.006(b) or who violates Section 556.004(c) or (d) is subject

to immediate termination of employment.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.008. COMPENSATION PROHIBITION. A state agency may not

use appropriated money to compensate a state officer or employee

who violates Section 556.004(a), (b), or (c) or Section 556.005

or 556.006(a), or who is subject to termination under Section

556.007.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.009. NOTICE OF PROHIBITIONS. (a) A state agency shall

provide each officer and employee of the agency a copy of

Sections 556.004, 556.005, 556.006, 556.007, and 556.008 and

require a signed receipt on delivery. A new copy and receipt are

required if one of those provisions is changed.

(b) A state agency shall maintain receipts collected from

current officers and employees under this section in a manner

accessible for public inspection.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-556-political-activities-by-certain-public-entities-and-individuals

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 556. POLITICAL ACTIVITIES BY CERTAIN PUBLIC ENTITIES AND

INDIVIDUALS

Sec. 556.001. DEFINITIONS. In this chapter:

(1) "Appropriated money" means money appropriated by the

legislature through the General Appropriations Act or other law.

(2) "State agency" means:

(A) a department, commission, board, office, or other agency in

the executive branch of state government, created under the

constitution or a statute, with statewide authority;

(B) a university system or an institution of higher education as

defined by Section 61.003, Education Code; or

(C) the supreme court, the court of criminal appeals, another

entity in the judicial branch of state government with statewide

authority, or a court of appeals.

(3) "State employee" means an individual who is employed by a

state agency. The term does not include an elected official or an

individual appointed to office by the governor or another

officer.

(4) "State officer" means an individual appointed to office by

the governor or another officer.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.002. APPLICATION TO CERTAIN ENTITIES AND INDIVIDUALS.

(a) This chapter applies to the use of appropriated money by the

following public entities and their officers and employees as if

the entities were state agencies and their officers and employees

were state employees:

(1) a regional planning commission, council of governments, or

similar regional planning agency created under Chapter 391, Local

Government Code;

(2) a local workforce development board created under Subchapter

F, Chapter 2308; and

(3) a community center created under Subchapter A, Chapter 534,

Health and Safety Code.

(b) This chapter does not prohibit the payment of reasonable

dues to an organization that represents student interests before

the legislature or the Congress of the United States from that

portion of mandatory student service fees that is allocated to

the student government organization at an institution of higher

education. A mandatory student service fee may not be used to

influence the outcome of an election.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 85, eff.

June 19, 1997; Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept.

1, 1999.

Sec. 556.003. STATE EMPLOYEES' RIGHTS. A state employee has the

rights of freedom of association and political participation

guaranteed by the state and federal constitutions except as

provided by Section 556.004.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.004. PROHIBITED ACTS OF AGENCIES AND INDIVIDUALS. (a)

A state agency may not use any money under its control, including

appropriated money, to finance or otherwise support the candidacy

of a person for an office in the legislative, executive, or

judicial branch of state government or of the government of the

United States. This prohibition extends to the direct or indirect

employment of a person to perform an action described by this

subsection.

(b) A state officer or employee may not use a state-owned or

state-leased motor vehicle for a purpose described by Subsection

(a).

(c) A state officer or employee may not use official authority

or influence or permit the use of a program administered by the

state agency of which the person is an officer or employee to

interfere with or affect the result of an election or nomination

of a candidate or to achieve any other political purpose.

(d) A state employee may not coerce, attempt to coerce, command,

restrict, attempt to restrict, or prevent the payment, loan, or

contribution of any thing of value to a person or political

organization for a political purpose.

(e) For purposes of Subsection (c), a state officer or employee

does not interfere with or affect the results of an election or

nomination if the individual's conduct is permitted by a law

relating to the individual's office or employment and is not

otherwise unlawful.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.005. EMPLOYMENT OF LOBBYIST. (a) A state agency may

not use appropriated money to employ, as a regular full-time or

part-time or contract employee, a person who is required by

Chapter 305 to register as a lobbyist. Except for an institution

of higher education as defined by Section 61.003, Education Code,

a state agency may not use any money under its control to employ

or contract with an individual who is required by Chapter 305 to

register as a lobbyist.

(b) A state agency may not use appropriated money to pay, on

behalf of the agency or an officer or employee of the agency,

membership dues to an organization that pays part or all of the

salary of a person who is required by Chapter 305 to register as

a lobbyist. This subsection does not apply to the payment by a

state agency of membership fees under Chapter 81.

(c) A state agency that violates Subsection (a) is subject to a

reduction of amounts appropriated for administration by the

General Appropriations Act for the biennium following the

biennium in which the violation occurs in an amount not to exceed

$100,000 for each violation.

(d) A state agency administering a statewide retirement plan may

enter into a contract to receive assistance or advice regarding

the qualified tax status of the plan or on other federal matters

affecting the administration of the state agency or its programs

if the contractor is not required by Chapter 305 to register as a

lobbyist.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 249, Sec. 4.11, eff.

Sept. 1, 2003.

Sec. 556.0055. RESTRICTIONS ON LOBBYING EXPENDITURES. (a) A

political subdivision or private entity that receives state funds

may not use the funds to pay:

(1) lobbying expenses incurred by the recipient of the funds;

(2) a person or entity that is required to register with the

Texas Ethics Commission under Chapter 305;

(3) any partner, employee, employer, relative, contractor,

consultant, or related entity of a person or entity described by

Subdivision (2); or

(4) a person or entity that has been hired to represent

associations or other entities for the purpose of affecting the

outcome of legislation, agency rules, ordinances, or other

government policies.

(b) A political subdivision or private entity that violates

Subsection (a) is not eligible to receive additional state funds.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.006. LEGISLATIVE LOBBYING. (a) A state agency may not

use appropriated money to attempt to influence the passage or

defeat of a legislative measure.

(b) This section does not prohibit a state officer or employee

from using state resources to provide public information or to

provide information responsive to a request.

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 86, eff. June 19,

1997. Amended by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff.

Sept. 1, 1999.

Sec. 556.007. TERMINATION OF EMPLOYMENT. A state employee who

causes an employee to be discharged, demoted, or otherwise

discriminated against for providing information under Section

556.006(b) or who violates Section 556.004(c) or (d) is subject

to immediate termination of employment.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.008. COMPENSATION PROHIBITION. A state agency may not

use appropriated money to compensate a state officer or employee

who violates Section 556.004(a), (b), or (c) or Section 556.005

or 556.006(a), or who is subject to termination under Section

556.007.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.

Sec. 556.009. NOTICE OF PROHIBITIONS. (a) A state agency shall

provide each officer and employee of the agency a copy of

Sections 556.004, 556.005, 556.006, 556.007, and 556.008 and

require a signed receipt on delivery. A new copy and receipt are

required if one of those provisions is changed.

(b) A state agency shall maintain receipts collected from

current officers and employees under this section in a manner

accessible for public inspection.

Added by Acts 1999, 76th Leg., ch. 1498, Sec. 1, eff. Sept. 1,

1999.


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.