Senate Bill 10 proposes to prohibit cities and counties from spending public funds to directly or indirectly influence legislation pending before the state legislature. It is one of several bills aimed at limiting local government influence on policymaking. A similar bill failed to pass the House in 2019. The proposed resolution of opposition expresses the City Council's opposition to Senate Bill 10 and other bills that would limit the authority of local communities to lobby the legislature for their interests.
2. Senate Bill 10
Filed
3/10/2021
Out of
Senate
Committee
4/12/2021
Voted on by
Senate
4/15/2021
Out of
House
Committee
Voted on by
House
Governor
Action
Bill
Becomes
Law
• Prohibits a city or county from spending public funds to directly or
indirectly influence, or attempt to influence, the outcome of any
legislation pending before the legislature
• One of several bills aimed at limiting local government influence
• Similar legislation failed on the House floor in 2019 (58-85-2)
3. Senate Bill 10 Concerns
Erodes home rule
authority
Prevents effective
participation in
policymaking process
Limits expert
guidance and support
Establishes harmful
fiscal and operational
impacts
4. Proposed Resolution of Opposition
• The City Council opposes Senate Bill 10, Senate Bill 234,
and House Bill 749, all of which propose to limit the
authority for local communities to effectively lobby to the
legislature for their interests
• The City Council agrees that these services enhance City
leaders’ ability to better understand legislative
developments, focus on the most essential issues impacting
citizens and businesses, and communicate efficiently with
elected representatives, House & Senate leadership, and
other agencies
Notes de l'éditeur
Good evening Mayor and Council. Brian Piscacek with the City Manager’s Office.
This item was requested by City Council during April 8, 2021, meeting. As you know, we’re in the middle of the 87th Texas Legislative Session. SB 10 was filed back in March and has been a priority for Senate leadership.
Current status: The House received the bill on April 15th, and it was read for the first time on April 20th and referred to the House Committee on State Affairs. Vote in the Senate was 17 in favor, and 13 against, with one abstention, as a senator was absent.
Would prevent a city or county from hiring staff, contracting with lobbyists or other professional advocates, or joining associations like TML that engage in advocacy at the state capitol.
Creates liability for a city if funds are used in such a manner.
Exceptions:
Does not prevent elected official or employee from advocating for or against legislation
Changes in the committee substitute:
Authorizes a city to reimburse an elected official or employee for direct travel related to advocacy
Allows a city to provide compensation to a nonprofit state association or organization to advocate for or against or otherwise influence the outcome of legislation, so long as the association or organization does not contract with lobbyists or attempt to influence legislation related to property taxation.
Other bills: HB 749, SB 234
Of the 13 members of the House State Affairs Committee, 12 were members of the 86th legislature, and of those 12, 5 voted for SB 29, with 7 voting against.
Erodes home rule authority
Decisions are best left at the local level to elected mayors and city council members who best understand the needs and expectations of their communities. This bill would limit College Station’s ability to govern locally.
Prevents effective participation in the policymaking process
Consulting services enhance City leaders’ ability to better understand legislative developments, focus on the most essential issues impacting citizens and businesses, and communicate effectively with elected representatives. This bill does not limit other public entities, including the state’s own lobbying efforts in Washington, D.C.. In fact, a floor amendment filed in the Senate to do just that was defeated during the debate.
Limits expert guidance and support
The legislature has been increasingly focused on local government, with approximately 2,000 bills or resolutions affecting Texas cities in some way were filed during the 86th Legislature in 2019. TML and contract lobbyists offer expertise that cities and counties rely on during each session.
Establishes harmful fiscal and operational impacts
This bill threatens to strain existing resources already impacted by the COVID-19 pandemic and the recent winter storm. If we want to maintain the same level of service, the city could be forced to add additional duties to an existing position or hire additional staff. This is also illustrative of an inherent unfairness in actions taken by the Legislature that disproportionally affect smaller cities, with smaller budgets.
The proposed resolution was provided in the agenda packet. I’ll summarize the main points on this slide.