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.