Definitions.

El Paso City Code § 2.94.020

in effect

2.94.020 - Definitions. In this chapter: "City official" means the mayor, a council member, a city manager or a member of board, commission, and committee set forth in Section 2.94.030 of this chapter. "Compensation" means money or other tangible thing of value that is received, or is to be received in return for, or in consideration of lobbying services rendered, or to be rendered. Compensation shall not include compensation paid to an individual regularly employed by a person if the compensation paid to the individual is ordinarily paid regardless of whether the individual engages in lobbying activities and lobbying activities are an incidental part of the individual's regular responsibilities to the person paying the compensation. Compensation shall not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. Compensation shall be considered received on the date on which the contract or agreement for the compensation is made or on the date lobbying commences, whichever is later. "Discretionary contract" means any contract other than those which by law must be awarded on a low bid basis. Discretionary contracts do not include those contracts subject to Section 252.022(a)(7) of the Texas Local Government Code or those contracts not involving an exercise of judgment or choice. "Expenditure" means a payment, distribution, loan, advance, reimbursement, deposit or gift of money or anything of value, including a contract, promise or agreement to make an expenditure, regardless of whether the promise or agreement is legally enforceable. Expenditure shall not include an expenditure paid to an individual regularly employed by the individual engaging in lobbying activities and lobbying activities are an incidental part of the individual's regular responsibilities to the person paying the expenditure. "Gift" means the conferring of a benefit as defined in Section 2.92.030(A) of this chapter. "Immediate family" means a spouse residing in the person's household and dependent children. "Lobby" or "lobbying" means the solicitation of a city official, by private interview, postal or telephonic communications, or any other means other than public expression at a meeting of city officials open to the public under Chapter 551 (Open Meetings Act) of the Texas Government Code, directly or indirectly by a person in an effort to influence or persuade the city official to favor or oppose, recommend or not recommend, vote for or against, or to take action or refrain from taking action on a municipal question. The term lobby or lobbying shall not include a mere request for information or an inquiry about a municipal question, matters, or a procedure or communication to a city official which is incidental to other employment not for purpose of lobbying, nor shall it include contacts with city employees in compliance with Section 2.94.090(E) of this chapter. "Lobby employer" means a person who compensates another person to lobby on a municipal question of interest to the person. "Lobbying entity" means a corporation, association, firm, partnership, committee, club, organization or group of persons who are voluntarily acting in concert that is compensated by a lobby employer to lobby. "Municipal question" means a public policy issue of a discretionary nature pending or impending before the city council, a legislative review committee of the council, or any board, commission or committee set forth in Section 2.94.030 of this chapter, including but not limited to a proposed or proposal for an ordinance, resolution, motion, recommendation, report, regulation, policy, appointment, sanction, bid, a request for proposal, including the development of specifications, an award, grant, or contract, and all matters before the boards, commissions or committees listed in Section 2.94.030(B), C, D, K and L of this chapter. "Person" means an individual, corporation, association, firm, partnership, committee, club, organization including nonprofit organizations, or group of persons who are voluntarily acting in concert, including but not limited to a registrant. "Registrant" means a person required to register under Section 2.94.060 of this chapter. "Substantial economic interest" means holding stock worth five thousand dollars or more in, or five percent or more ownership of any business, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity which is not publicly traded. (Ord. 16448 § 1, 2006; Ord. 16300 § 3, 2006)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT2ADPE_CH2.94RELOAC_2.94.020DEFetched: 10/28/2026