REGULATION OF LOBBYING ACTIVITIES

El Paso City Code tit. 2, ch. 2.94

in effect

El Paso City Code § 2.94.010 Purpose.

2.94.010 - Purpose. The city council declares that the operation of responsible democratic government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to any city officials their opinions on pending municipal questions and on current issues; and that to preserve and maintain the integrity of the governmental decision-making process in the city, it is necessary that the identity, expenditures, and activities of certain persons who engage in efforts to influence a city official on matters within their official jurisdictions, either by direct communication to the official, or by solicitation of others to engage in such efforts, be regulated and be publicly and regularly disclosed. (Ord. 16300 § 2, 2006)

El Paso City Code § 2.94.020 Definitions.

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)

El Paso City Code § 2.94.030 Applicability.

2.94.030 - Applicability. Except as may otherwise specified herein, this chapter applies to a person who lobbies a city official and a member of the following boards, commissions and committees, including any successor board: A. Building board of appeals; B. Building and standards commission; C. Civil service commission; D. Public service board; E. Historic landmark commission; F. City plan commission; G. Zoning board of adjustment; and H. A retirement board, including the pension fund board of trustees and the fire and police pension fund board of trustees. (Ord. 16448 § 2, 2006: Ord. 16300 § 4, 2006)

El Paso City Code § 2.94.040 Persons required to register and eligibility.

2.94.040 - Persons required to register and eligibility. A. Except as provided in Section 2.94.050 of this chapter, a person must register with the city clerk if the person: 1. Receives compensation of two hundred dollars or more in a calendar quarter for lobbying or which is attributable to lobbying activities; 2. Receives salary or other employment compensation of two hundred dollars or more in a calendar quarter and such person conducts lobbying activities as a regular part of his assigned duties or responsibilities; 3. Receives reimbursement of two hundred dollars or more in a calendar quarter for lobbying; 4. Expends two hundred dollars or more in a calendar quarter for lobbying; 5. Lobbies as the agent or employee of a person who: a. Receives compensation of two hundred dollars or more in a calendar quarter for lobbying, b. Receives reimbursement of two hundred dollars or more in a calendar quarter for lobbying, or c. Expends two hundred dollars or more in a calendar quarter for lobbying; or 6. Enters into an agreement to provide lobbying services on a contingent fee basis. B. No person who is an appointed member of the following city boards and commissions, including any successor board or a public nonprofit corporation, the creation of which was authorized or recognized by resolution of the council as required by state law, to include, but not be limited to, the Housing Finance Corporation and the Industrial Development Board, as of March 7, 2006 shall be eligible to register under this chapter on or after October 1, 2006. 1. Building board of appeals; 2. Building and standards commission; 3. Civil service commission; 4. Public service board; 5. Historic landmark commission; 6. City plan commission; 7. Zoning board of adjustment; and 8. A retirement board, including the pension fund board of trustees and the fire and police pension fund board of trustees. (Ord. 16448 § 3, 2006: Ord. 16300 § 5, 2006)

El Paso City Code § 2.94.050 Exceptions.

2.94.050 - Exceptions. The following persons are not required to register under this chapter: A. A person who owns, publishes or is employed by a newspaper, another regularly published periodical, a radio station, a television station, a wire service or another bona fide news medium that in the ordinary course of business disseminates news, letters to the editor, editorial or other comment or paid advertisement that directly or indirectly oppose or promote municipal questions if the person does not engage in further or other activities that require registration under this chapter and does not represent another person in connection with influencing municipal questions. This subsection does not exempt a person whose relation to the news media is only incidental to a lobbying effort or when a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect financial interest. B. A person whose only activity is to speak or otherwise provide input or influence regarding a municipal question by attendance and participation at a meeting or other event attended by one or more city officials which: 1. Is a publicly-posted meeting; 2. Has been scheduled or planned by the city; or 3. Is held for the specific purpose of obtaining the attendance and participation of the person at such city meeting or event, at the request of an authorized representative of the city. C. A governmental entity, its officers and employees, provided they are solely engaged in matters of governmental interest concerning their respective governmental bodies and the city. D. A person who engages in lobbying, but who neither receives compensation nor expends monies for lobbying with respect to any client or person. The term "expends does not include the costs of photocopying documents, purchasing copies of city documents and information, or creating other informational material by individuals who communicate with public officials to express personal opinions on behalf of themselves, their family or members of their household. E. A person who does not know and has no reason to know whether a municipal question is pending at the time of contact with a city official. This subsection shall not apply if the existence of a municipal question is discovered during contact with a city official and the person then engages in additional lobbying of the same or other city officials. F. A person who is performing an act that may be performed only by a licensed attorney or a person whose contact with a city official is made solely as part of the process of resolution of a dispute or other matter that is primarily legal in nature between a person and the city if the person is an attorney, so long as he complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. G. A person whose only activity is contact with city staff including the city manager as a business prospect or the representative thereof, to meet or confer regarding a project and/or activity seeking/reasonably expected to seek economic development incentives during the time period prior to the presentation of a recommendation by city staff to the city council in an official meeting of the council. H. A person who is a representative of a city employee union and whose only direct communications concerning a municipal question are with the city manager and made as an authorized representative of the union or made on behalf of an individual member of the union. I. A lobby employer who would only be required to register under Section 2.94.040 of this chapter because of an expenditure to compensate a registrant to lobby on a municipal question of interest to the lobby employer. (Ord. 16448 § 4, 2006: Ord. 16300 § 6, 2006)

El Paso City Code § 2.94.060 Registration.

2.94.060 - Registration. A. Each registrant shall file annually with the city clerk a registration form signed under oath not later than two business days after becoming a lobbyist and meeting the requirements to register set forth in Section 2.94.040 of this chapter. If the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. A registrant must file a registration schedule for each person from whom he receives compensation or reimbursement. The registration shall be on a form prescribed by the city clerk and shall include: 1. The registrant's full name, permanent street address and mailing address, if different; 2. The name and address and nature of business of each lobby employer or lobbying entity on whose behalf the registrant will lobby; and 3. A statement of all municipal questions on which the registrant has lobbied for each client in the year preceding the filing of the registration and the municipal questions or subjects on which the registrant foreseeably will lobby during the registration period. B. A registrant who is an attorney shall not be required to report under this section or under Section 2.94.070 of this chapter, specific facts or information that would cause the attorney to violate the Texas Disciplinary Rules of Professional Conduct; provided however, that the ability to exclude certain privileged or confidential information under this subsection shall not constitute nor be interpreted to constitute a complete exception to the registration or activity reporting requirement for an attorney who is required to register under this chapter. C. Each registrant shall file a notice of termination within thirty days after the registrant ceases the activity that required registration; however, this will not relieve the registrant of the reporting requirement of Section 2.94.070 of this chapter for that reporting period. D. At the time of registering, a registrant shall pay to the city and the city clerk shall collect an annual registration fee in the amount of one hundred dollars. Effective September 1, 2006, a registrant shall pay to the city and the city clerk shall collect an annual registration fee in the amount set by the budget or other appropriate resolution of the city council, provided, however, that if such fee is not contained in such a resolution as of September 1, 2006, the fee set in this chapter in the amount of one hundred dollars shall continue until such time as the fee is established in the budget or other appropriate resolution of the city council. E. A registration expires on the last day of the month of filing of the following year. (Ord. 16448 § 5, 2006: Ord. 16300 § 7, 2006)

El Paso City Code § 2.94.070 Activity reports.

2.94.070 - Activity reports. A. Each registrant shall file with the city clerk between the first and tenth day of April, July, October and January, an activity report signed under oath concerning the registrant's lobbying activities during the previous quarter. If a registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. A registrant must file a separate activity report for each person from whom the registrant receives compensation or reimbursement. The report shall be on a form prescribed by the city clerk and shall include to the extent applicable: 1. Any changes or updates to the information required to be supplied pursuant to Section 2.94.060 of this chapter; 2. In the case of a registrant engaged in lobbying activities on his own behalf, a good faith estimate of the total expenditures as defined in Section 2.94.020 of this chapter that the registrant and its agents or employees incurred in connection with lobbying activities; 3. A list of the specific issues upon which the registrant engaged in lobbying activities, including, to the maximum extent practicable, a list of specific legislative proposals and other proposed, pending or completed official actions; 4. A list of the city officials contacted by the registrant on behalf of the client with regard to a municipal question; 5. Each business entity in which the registrant knows or should know that a city official is a proprietor, partner, director, officer, manager, employer, employee, or has a substantial economic interest and with which the registrant has engaged in an exchange of money, goods, services, or anything of value if the total of the exchanges is five hundred dollars or more in a calendar quarter shall be identified by its name and address, the official, the date, amount and nature of each exchange under this paragraph; 6. The names of the mayor, a council member, or member of their immediate family who are employed by the registrant and the nature of employment; and 7. A list of all gifts given to a council member, department head and executive assistant to the mayor which must be reported pursuant to Section 2.92.070(B) of this Code. B. Each registrant shall maintain on a daily basis, a log of contacts with city officials, from which the registrant shall compile the information to be reported under subsection (A)(4) of this section. C. Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers, logs and documents necessary to substantiate the activity reports required to be made under this section for two years from the date of filing of the report containing the items. D. Each person about whose activities a registrant is required to report by subsection A of this section shall provide a full account of the activities to the registrant at least five days before such registrant's report is due to be filed. E. All reports filed under this chapter are public records and shall be made available for public inspection during regular business hours. F. The city clerk shall review each report for compliance and maintain a record of all registrations and activity reports. Complaints of violations of this chapter will be forwarded to the city clerk for review. If investigation determines a violation may have occurred, the complaint will be forwarded to the city attorney for appropriate action. G. No quarterly activity report will be required if there is no activity during the preceding quarter and there are no other changes to items required to be reported, provided however that the registrant timely files a written statement with the city clerk that he or she has no activity or changes to report. (Ord. 16300 § 8, 2006)

El Paso City Code § 2.94.080 Timeliness of filing registrations and reports.

2.94.080 - Timeliness of filing registrations and reports. A registration or report filed by first-class United States mail or by common or contract carrier is timely if: A. It is properly addressed with postage or handling charges prepaid; and B. It bears a post office cancellation mark or a receipt mark from a common or contract carrier indicating a time within the applicable filing period or before the applicable filing deadline, or if the person required to file furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that period or before that deadline. (Ord. 16300 § 9, 2006)

El Paso City Code § 2.94.090 Restricted activities.

2.94.090 - Restricted activities. A. No person who lobbies or engages another person to lobby, nor any other person acting on behalf of the person, shall give any gift to a city official or a member of his or her immediate family, except as permitted by and in accordance with the requirements of Chapter 2.92 of this Code. B. No person who lobbies or engages another person to lobby, nor any other person acting on behalf of such persons shall knowingly or willfully make any false or misleading statement or misrepresentation of the facts to a city official, or knowing a document to contain a false statement, cause a copy of the document to be received by a city official without notifying the official in writing of the truth. C. No person who lobbies or engages another person to lobby, or any person acting on behalf of such person, shall represent, either directly or indirectly, orally or in writing, that that person can control or obtain the vote or action of any city official. D. No person, at any time prior to the presentation of a recommendation by city staff to the city council in an official meeting of the council regarding a project and/or activity seeking/reasonably expected to seek economic development incentives, shall contact any elected official or employees assigned to work in the office of the mayor and council, by any means including, but not limited to, oral, written and electronic communications, regarding such project and/or activity. Provided, however, this prohibition shall not prohibit the participation and communication with members of the city council in public activities proactively initiated by city staff and/or authorized city agents to attract new businesses, and to retain and/or expand existing businesses. E. During the period of in which the city has issued a solicitation, including a competitive bid, request for proposal (RFP), request for qualifications (RFQ), highest qualified bid (best value), competitive sealed proposals, design-build, public-private partnership, any other type of solicitation required by law, or the giving of a notice of a proposed project, which shall begin on the day that is advertised and end on the date that the notice of the award has been posted by the city clerk for placement on the agenda, no person or registrant shall engage in any lobbying activities with city officials and employees. For an unsolicited or competing proposal for a public-private partnership, the period in which no person or registrant shall engage in any lobbying activities with city officials and employees shall begin on the date that the city receives a notice of intent to submit an unsolicited proposal and end on the date the notice of award has been posted by the city clerk for placement on the agenda. If contact is required with city employees, such contact will be done in accordance with procedures incorporated into the solicitation document and the city's contracting policies. Any person or entity that violates this provision may be disqualified in accordance with Section 2.94.130 of this chapter. F. Except as provided in Section 2.94.040(B) of this chapter, no registrant shall be eligible for or accept appointment to any city board or commission listed in that subsection or a public nonprofit corporation, the creation of which was authorized or recognized by resolution of the council as required by state law, to include, but not be limited to, the Housing Finance Corporation and the Industrial Development. (Ord. 16448 § 6, 2006: Ord. 16300 § 10, 2006) (Ord. No. 17823, § 1, 7-17-2012)

El Paso City Code § 2.94.100 Appearance.

2.94.100 - Appearance. Each person or registrant appearing before any city official shall orally identify himself and the person or interest the person represents before beginning the person's address. (Ord. 16300 § 11, 2006)

El Paso City Code § 2.94.110 Chapter construction.

2.94.110 - Chapter construction. A. Nothing in this chapter shall be construed to prohibit or interfere with any person's rights guaranteed by the United States and Texas Constitutions. B. Nothing in this chapter shall supersede or preempt the stricter provisions of state or federal law or other ordinance, or any applicable city or departmental policy with respect to the conduct of city employees. (Ord. 16300 § 12, 2006)

El Paso City Code § 2.94.120 Penalty.

2.94.120 - Penalty. A person who knowingly or intentionally lobbies in violation of a provision of this chapter, or who shall knowingly obstruct or prevent compliance with this chapter, or who shall knowingly or intentionally fail to meet the reporting provisions of this chapter shall be guilty of a misdemeanor. (Ord. 16300 § 13, 2006)

El Paso City Code § 2.94.130 Disqualification from contracting.

2.94.130 - Disqualification from contracting. Any person and/or entity who knowingly or intentionally violates the provisions in Section 2.94.090 of this Code, with respect to the solicitation or award of a discretionary contract may be prohibited by the city council from entering into any contract with the city for a period of three years. (Ord. 16300 § 14, 2006; Ord. No. 19178, § 1, 4-27-2021)

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_CH2.94RELOACFetched: 10/28/2026