RELATIONS WITH GOVERNMENTAL AGENCIES AND AUTHORITIES

Lobbying

Restrictions on Use

of State Funds

Generally

A political subdivision, including a college district, 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 Government Code Chapter 305;

3. Any partner, employee, employer, relative, contractor, consultant, or related entity of a person or entity described by item 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.

Gov’t Code 556.0055(a)

To Employ

Lobbyists

A state agency, including a college district, may not use appropriated money to employ, as a regular full-time or part-time or contract employee, a person who is required by Government Code Chapter 305 to register as a lobbyist. Except for an institution of higher education, including a college district, a state agency may not use any money under its control to employ or contract with an individual who is required by Government Code Chapter 305 to register as a lobbyist.

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 provision does not apply to the payment by a state agency of membership fees under Government Code Chapter 81.

Gov’t Code 556.005(a)-(b)

To Influence

Passage or

Defeat of a

Measure

A state agency may not use appropriated money to attempt to influence the passage or defeat of a legislative measure. This restriction does not prohibit a state officer or employee from using state resources to provide public information or to provide information responsive to a request. A state employee who causes an employee to be discharged, demoted, or otherwise discriminated against for providing permitted information is subject to immediate termination of employment. Gov’t Code 556.006-.007

To Compensate

an Officer or

Employee

A state agency may not use appropriated money to compensate a state officer or employee who violates Government Code 556.005 or 556.006(a) or who is subject to termination under Government Code 556.007. Gov’t Code 556.008

Exception

Government Code Chapter 556 does not prohibit the payment of reasonable dues to an organization that represents student interests before the legislature or the U.S. Congress 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. Gov’t Code 556.002(b)

Information on

Restrictions

A state agency shall provide each officer and employee of the agency a copy of Government Code 556.004 [see BBBD],

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. A state agency shall maintain receipts collected from current officers and employees under this section in a manner accessible for public inspection. Gov’t Code 556.009

Disclosure and

Itemization of

Lobbying

Expenditures

A political subdivision that enters or has entered into a contract for consulting services with a state agency, regardless of whether the term of the contract has expired, shall prominently display on the political subdivision’s internet website the following regarding contracts for services that would require a person to register as a lobbyist under Government Code Chapter 305:

1. The execution dates;

2. The contract duration terms, including any extension options;

3. The effective dates;

4. The final amount of money the political subdivision paid in the previous fiscal year; and

5. A list of all legislation advocated for, on, or against by all parties and subcontractors to the contract, including the position taken on each piece of legislation in the prior fiscal year.

In lieu of displaying the items described above that would require a person to register as a lobbyist under Government Code Chapter 305, a political subdivision may post on the political subdivision’s internet website the contract for those services.

Gov’t Code 2254.030(a)-(b)

Disclosure of

Federal-Level

Lobbyists

An agency or political subdivision of the state, including a college district, shall report to the Office of Federal-State Relations any contract between the agency or political subdivision and a federal level government relations consultant.

A state agency or political subdivision shall submit one report not later than the 30th day after the contract is executed and a second report not later than the 30th day after the contract is terminated.

The report must include:

1. The name of the consultant or consulting firm;

2. The issue on which the consultant was hired to consult; and

3. The amount of compensation paid or to be paid to the consultant under the contract.

This section does not apply to a political subdivision whose federal level government relations consultant is required by other law to disclose, report, and make available the required information to the public and a federal or state entity.

Gov’t Code 751.016

Dual Usage

Educational

Complex

In accordance with Education Code 130.0103, the board of trustees of a junior college district may establish and operate a dual usage educational complex to provide a shared facility for the educational activities of the district and other participating entities, including counties and municipalities located in whole or in part in the service area of the junior college district. [See GH and GI] Education Code 130.0103(a)

Open-Enrollment

Charter Schools

In accordance with Education Code 12.1058(d) and 19 Administrative Code 100.1029, a political subdivision, including a college district, shall consider an open-enrollment charter school a school district for purposes related to land development standards, licensing, zoning, and various purposes and services pursuant to the following:

1. The governing body of an open-enrollment charter school must certify in writing to the political subdivision that no administrator, officer, employee, member of the governing body of the charter school, or charter holder received any personal financial benefits from a real estate transaction with the charter school.

2. The open-enrollment charter school files notice of the new property location within 10 business days of completing the

purchase or lease of real property for that location to the Texas Education Agency division responsible for charter

schools, and the division will notify the following within 10 business days:

a. The superintendent and the board of trustees of each school district from which the proposed location is likely to draw students, as defined in 19 Administrative Code 100.1013; and

b. Each member of the legislature that represents the geographic area to be served by the location, as defined in Section 100.1013.

A political subdivision may not take any action that prohibits an open-enrollment charter school from operating a public school campus, educational support facility, athletic facility, or administrative office within the political subdivision’s jurisdiction or on any specific property located within the jurisdiction of the political subdivision that it could not take against a school district. A political subdivision shall grant approval in the manner and follow the same timelines as if the charter school were a school district located in that political subdivision’s jurisdiction, provided that, for a new campus,

the charter school provide notice, in the manner provided by and to the persons listed in Education Code 12.1101, of the location of the new campus within 20 business days of closing on the purchase or lease of real property for that campus.

This section applies to both owned and leased property of the open-enrollment charter school under Education Code 12.128. Education Code 12.1058(d), (i)-(j), 19 TAC 100.1209

Cybersecurity

Training for

Contractors

A state agency, including a college district, shall require any contractor who has access to a state computer system or database to complete a cybersecurity training program certified under Government Code 2054.5192063.102 as selected by the agency. The cybersecurity training program must be completed by a contractor during the term of the contract and during any renewal period. Required completion of the cybersecurity training program must be included in the terms of a contract awarded by a state agency to a contractor.

“Contractor” includes a subcontractor, officer, or employee of the contractor.

Gov’t Code 2063.104(a)-(d)

Verification of

Completion

A contractor required to complete a cybersecurity training program under this section shall verify completion of the program to the contracting state agency. The person who oversees contract management for the agency shall:

1. Not later than August 31 of each year, report the contractor’s completion to the Department of Information Resources

(DIR); and

2. Periodically review agency contracts to ensure compliance with this section.

Gov’t Code 2063.104(e)

Note: For more information on cybersecurity training, including a list of certified cybersecurity training programs and

compliance reporting requirements, see DIR’s website at Certified Cybersecurity Training Programs.1

1 Certified Cybersecurity Training Programs: https://dir.texas.gov/View-About-DIR/Information-Security/Pages/Content.aspx?id=154