REGULATION OF LOBBYISTS.

Austin City Code tit. 4, ch. 4-8

in effect

Austin City Code § 4-8-1 PURPOSE.

§ 4-8-1 - PURPOSE. The 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. Further 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 publicly and regularly disclosed. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17.

Austin City Code § 4-8-2 DEFINITIONS.

§ 4-8-2 - DEFINITIONS. In this chapter: (1) APPEALABLE means a decision or action that is capable of being appealed to the city council or a city board, whether it is actually appealed or not. It does not include a decision or action that can be appealed only to city staff. (2) CITY OFFICIAL has the meaning assigned by § 2-7-71(1), except that it does not include spouses. (3) CLIENT means a person who compensates or reimburses another person to lobby. (4) COMMUNICATE DIRECTLY WITH or any variation of the phrase means contact in person or by telephone; written communication, electronic or otherwise; or direct contact through any other electronic means of communication. (5) COMPENSATION means money, another thing of value, or a financial benefit that is received or is to be received in return for, or in connection with, services rendered or to be rendered. (6) 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 contract, promise, or agreement is legally enforceable. (7) GIFT means a payment, subscription, advance, forbearance, rendering or deposit of money, services, or anything of value, unless consideration of equal or greater value is received. Gift does not include: (a) a political contribution reported as required by law; (b) a commercially reasonable loan made in the ordinary course of business; (c) an ordinary social contact; (d) an ordinary business meeting, including a meal; or (e) a gift received from the beneficiary's relative within the third degree of consanguinity or affinity, or from a person living in the beneficiary's household. (8) LOBBY means to communicate directly with a City official 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. For purposes of the registration thresholds in Section 4-8-3 (Registration Requirement) "lobby" includes preparation to lobby by a person communicating directly. (9) LOBBYIST means a person who lobbies. (10) MUNICIPAL QUESTION means the proposal of, consideration of, approval of, or negotiations concerning municipal legislation, an administrative action, or another matter that is, or may in the future be, subject to an action or decision by a City official. (a) "Municipal question" includes, without limitation: (i) possible action, including a recommendation, on a proposed ordinance, resolution, or other action pending before the council, a council committee, or a City board or task force; (ii) a matter that is appealable to a City board or to the council; (iii) a recommendation, report, regulation, policy, nomination, appointment, or sanction by or to the council, a council committee or a City board. (iv) the development of specifications for, or the award of, a grant or contract for more than $50,000; (v) rulemaking under Chapter 1-2 (Adoption of Rules); or (vi) licensing. (b) Unless it is also included in (a), "municipal question" does not include: (i) the non-appealable, day-to-day decisions, routine application, administration, and execution of city programs and policies; or (ii) routine, non-appealable decisions on permitting, platting, and design approval matters in connection with a specific project or development; or (iii) a technical building decision on a specific project, whether appealable or not, under Chapter 25-12 (Technical Codes). (11) PERSON has the meaning assigned by § 1-1-2 (General Definitions), except that it does not include a government or governmental subdivision or agency. (12) REGISTRANT means a person required to register under § 4-8-3 (Registration Requirement). (13) SUBSTANTIAL ECONOMIC INTEREST means holding stock, shares, or an ownership interest worth $5,000 or more, or the ownership of five percent or more, of any business association, or other legal entity, that is not publicly traded. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20260312-002, Pt. 1, 3-23-26.

Austin City Code § 4-8-3 REGISTRATION REQUIREMENT.

§ 4-8-3 - REGISTRATION REQUIREMENT. (A) A person must register with the city clerk if the person: (1) receives, or is entitled to receive under an agreement under which the person is retained or employed, compensation or reimbursement, not including reimbursement for the person's own travel, food, or lodging expenses or the person's own membership dues, $2,000 or more in a calendar quarter from another person to lobby, regardless of whether the person receives any compensation or reimbursement for lobbying in addition to the person's remuneration for that employment; and (2) spends 26 hours or more for which the person is compensated or reimbursed during the calendar quarter lobbying; or (3) makes a total expenditure of $500 or more in a calendar quarter, not including the person's own travel, food, or lodging expenses or the person's own membership dues to lobby. (B) If a person spends more than eight hours in a single day lobbying, the person is considered to have engaged in the activity for only eight hours during that day for purposes of subsection (A)(2). (C) Compensation or reimbursement for lobbying includes compensation or reimbursement that a person receives for preparing to lobby. For example, compensation for preparing to lobby includes, without limitation, compensation received for participation in a strategy session, the review and analysis of municipal legislation or an administrative matter, and research and communication related to a municipal question with the registrant's employer, client, or another person. A person who does not lobby is not required to register because of compensation received for only preparing to do so without directly communicating. (D) Compensation or reimbursement for lobbying does not include compensation or reimbursement for the following: (1) requesting information, or inquiring only for informational purposes, without seeking to influence or persuade, about a municipal law, ordinance, regulation, rule, policy, practice, or procedure administered by the city; (2) preparing or submitting an application or other required written document, without seeking to influence or persuade, that only provides information required by law, ordinance, rule, regulation, order, or subpoena; (3) communicating for the purpose of sharing information to demonstrate compliance with an audit, inspection, city investigation, or existing laws, rules, and policies; (4) providing, without seeking to influence or persuade, information consisting of facts or data to a city official that the city official specifically requested regarding a municipal question, when the request was not solicited by or on behalf of the person providing the information; (5) communicating to a city attorney or a municipal judge concerning litigation or adjudicative proceedings to which the City is a party, or concerning adjudicative proceedings of the City; (6) providing testimony, making an appearance, or any other type of communication documented as part of a public record in a proceeding of an adjudicative or judicial nature, including before the Municipal Court, the Ethics Review Commission, and the Municipal Civil Service Commission; (7) providing only clerical assistance to another in connection with another person's lobbying or preparation for lobbying; (8) realizing financial gain as a result of a determination of a municipal question as to real property that the person in question owns; (9) serving as a member of a city board, commission, or task force when the person's communications relate solely and directly to the person's public service on the city entity; (10) reimbursement for the person's own travel, food, lodging, or membership dues to communicate with a City official on a municipal question. (E) The Ethics Review Commission shall review the thresholds in this section every fourth year, and make a recommendation to council regarding whether the thresholds should be changed to maintain substantially equivalent thresholds, considering the cost of living and other relevant factors. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17.

Austin City Code § 4-8-4 ELECTION BY BUSINESS ENTITY.

§ 4-8-4 - ELECTION BY BUSINESS ENTITY. (A) This section applies to a business entity that has one or more employees that are subject to the registration requirement of this chapter. (B) The business entity may elect to: (1) register as a business entity; or (2) have each employee lobbyist register and report individually all information required to be reported by the entity. (C) If a business entity elects the option under subsection (B)(1), each lobbyist employee of the business entity who would otherwise be subject to the registration requirement is required to file registration and activity reports, and the business entity must: (1) register and identify all of the business entity's employee lobbyists; (2) pay the annual registration fee for the business entity and each of the employee lobbyists; and (3) completely report the activity of the entity that is not fully reported by its employee lobbyists. (D) If a business entity elects the option under subsection (B)(2), and each lobbyist employed by the business entity who is subject to the registration requirement registers and files activity reports as required by this chapter, the business entity need not also register and file reports if all of the activity required to be reported by the business entity is included in one or more of the reports filed by the lobbyists employed by the business entity. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20190619-172, Pt. 1, 7-1-19.

Austin City Code § 4-8-5 REGISTRATION.

§ 4-8-5 - REGISTRATION. (A) A person who meets a threshold under Section 4-8-3 (Registration Requirement) shall register not later than the fifth business day after the person first directly communicates with a City official to lobby. A person who is required to register must file an annual registration on the anniversary of the initial registration until the registration is terminated. (B) The registration shall include: (1) the registrant's full name; (2) the registrant's permanent business street address, business mailing address, and business email address; (3) the name and address, and the nature of the business of each client on whose behalf the registrant will lobby; (4) a specific description of each municipal question on which the registrant will lobby; and, if applicable: (a) if real property is the subject of the municipal question, an address or legal description of the real property; and (b) the subject matter from a list of subjects provided on the registration form by the city clerk; and (c) for each person employed or retained by the registrant (excluding purely clerical or administrative assistance) for the purpose of assisting in, or preparing for, lobbying, the full name, business address, and occupation of the person. (C) A registrant and a registrant's employee lobbyists, if any, shall file activity reports until the registrant terminates the registrant's registration. A registrant who ceases reportable activity may terminate the registrant's registration by filing a notice of termination. The registrant must file the activity report for the reporting period in which the registrant files the notice of termination. (D) On the date of registering, and on the anniversary of that date each year thereafter until the registration is terminated, a registrant shall pay to the City, and the city clerk shall collect, an annual registration fee. The city clerk shall deposit a registration fee into a separate account within the General Fund. The amount of the registration fee applicable to a lobbyist, which may vary with circumstance, shall be set by ordinance. (E) If there is a change in the information reported on a registrant's registration form, including a new client or municipal matter, the registrant shall provide a written update to the information reported in the registrant's registration form not later than the tenth business day after the date the person first directly communicates with a City Official to lobby on a new municipal question or for a new client, or after the date of the change of any other information required to be reported. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20190619-172, Pt. 2, 7-1-19; Ord. No. 20230323-003, Pt. 1, 4-3-23.

Austin City Code § 4-8-6 ACTIVITY REPORTS.

§ 4-8-6 - ACTIVITY REPORTS. (A) Each registrant shall file between the first and tenth day of April, July, October, and January a report of the registrant's lobbying activities during the previous calendar quarter. The report shall be on a form prescribed by the city clerk and shall include: (1) a complete and current statement of the information required to be reported under Section 4-8-5 (Registration); (2) the amount of compensation or reimbursement paid by each client for lobbying, reported in the following categories unless reported as an exact amount: (a) $0 if no compensation or reimbursement is received; (b) less than $10,000; (c) at least $10,000 but less than $25,000; (d) at least $25,000 but less than $50,000; (e) at least $50,000 but less than $100,000; (f) at least $100,000 but less than $200,000; (g) at least $200,000 but less than $300,000; (h) at least $300,000 but less than $400,000; (i) at least $400,000 but less than $500,000; (j) $500,000 and over reported as an exact amount. (3) total expenditures on lobbying broken down into the following categories, provided that cumulative expenditures of more than $50 per day per City official in a designated reporting category shall be itemized by the date, name, and address of the recipient, the amount, and the purpose of the expenditure: (a) reimbursement to others; (b) food and beverages; (c) transportation and lodging; (d) gifts, other than awards and mementos; (e) entertainment; (f) awards and mementos; (g) honorariums; (h) expenditures made for the attendance of city council members at political fund-raisers or charity events; (i) expenditures made by the registrant, or by others on the registrant's behalf or with the registrant's direction, for broadcast or print advertisements, direct mailings, and other media communications if: (i) the communications are made to a person other than a member, employee, or stockholder of an entity that reimburses, retains, or employs the registrant; and (ii) the communications support or oppose, or encourage others to support or oppose, municipal questions; and (j) payments made by the registrant, or by others on the registrant's behalf or with the registrant's direction, to persons who are paid to assist or prepare the lobbyist on a municipal question to influence a City official through broadcast or print advertisements, social media, direct mailing, or other media communications, including political experts, strategists, pollsters, media consultants, and public relations consultants, excluding purely clerical or administrative assistance; (4) 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 in which a City official 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 $500 or more in a calendar quarter, identified by: (a) the name and address of the business entity; (b) the City official; and (c) the date, amount, and nature of the exchange; (5) a report of all direct communications with a City official for compensation on behalf of another person on a municipal question, including: (1) the name and address of the registrant; (2) the name of the City official with whom they met; (3) the date of the communication; (4) the name of the client or person on whose behalf the appearance or contact was made; and (5) an affirmation indicating whether the person has received or expects to receive compensation for the appearance or contact. (6) the name of each employer, the name of the person employed, and the nature of the employment if the mayor, a council member, a relative of the mayor or a council member within the third degree of consanguinity or affinity, or a person living in the mayor's or a council member's household is employed by the registrant. (B) A registrant shall make a reasonable allocation of compensation between compensation for lobby activity and compensation for other activities. (C) Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate an activity report required to be made under this section for two years from the date of filing the report. (D) A registrant and the employee lobbyists of a registrant, if any, shall file a quarterly activity report whether or not reportable activity has occurred during the preceding quarter. If no reportable events have occurred, a statement to that effect is sufficient for the report. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20190619-172, Pt. 3, 7-1-19; Ord. No. 20260312-002, Pt. 2, 3-23-26.

Austin City Code § 4-8-7 PROHIBITIONS.

§ 4-8-7 - PROHIBITIONS. (A) A registrant or client, or a person acting for a registrant or client, may not give to a City official, a relative of the City official within the third degree of consanguinity or affinity, or a person living in the City official's household, a gift or series of gifts that exceed $100 in value in the aggregate in a calendar year. This subsection does not permit or provide an exception for a gift that is otherwise prohibited by law, including Section 2-7-62 (Standards of Conduct). (B) A registrant or client, or a person acting for a registrant or client, may not knowingly make a false or misleading statement or misrepresentation to a City official, or cause a copy of a document the person knows to contain a false statement to be received by a City official without notifying the official in writing of the truth. (C) A person may not retain another person to lobby, or engage in an activity directly related to lobbying, on a contingent fee basis. A person may not accept employment to lobby, or engage in an activity directly related to lobbying, on a contingent fee basis. It is an affirmative defense to this subsection that: (1) a person's compensation was contingent on the occurrence of an event other than the outcome of a municipal question; and (2) a contingent fee is a standard and customary method of payment for the employment of a person in that profession. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17.

Austin City Code § 4-8-8 APPEARANCE.

§ 4-8-8 - APPEARANCE. (A) A registrant, or a person acting for a registrant, speaking before the council, a City board, or a body created by the council and listed by the city clerk under Section 2-1-3(C) (Boards Established), shall register to speak before that appearance and, before speaking, orally identify: (1) the person speaking; (2) the registrant, if the person is acting for a registrant; and (3) the client the registrant represents. (B) A registrant, or a person acting for a registrant, shall at the beginning of an oral communication with a City official identify: (1) the person speaking; (2) the registrant, if the person is acting for a registrant; and (3) the client the registrant represents. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20231019-044, Pt. 1, 10-30-23; Ord. No. 20260312-002, Pt. 3, 3-23-26.

Austin City Code § 4-8-9 FORMS; OATHS; REVIEW OF REPORTS; RULES.

§ 4-8-9 - FORMS; OATHS; REVIEW OF REPORTS; RULES. (A) The city clerk may design and promulgate a form for any information required to be reported under this chapter. In this section "report" includes a registration, a report, and an update of, or an amendment to, a registration or a report. If the city clerk promulgates a form, a person required to file a report must file the report on the form. (B) A person filing a report shall file the report electronically, under procedures determined by the city clerk, in an electronic format that allows for a downloadable, searchable database for the general public. The city clerk may waive the electronic filing requirement or provide other reasonable accommodation to accommodate a disability pursuant to City Code Chapter 5-6 (Discrimination Against a Person with Disabilities), other law, or to facilitate prompt receipt of a report from a person who has suffered a business interruption or personal emergency as described in subsection (D) of Section 4-8-11 (Late Filing Fee). The city clerk shall post every report on the City's Web site not later than the second business day after the date the city clerk accepts the report. The city clerk shall create common queries for public accessibility, such as total compensation within ranges for a particular lobbyist, all clients of a particular lobbyist, and all lobbyists and their compensation within ranges for a particular municipal question or client. (C) A person filing a report under this chapter must swear to the truthfulness of the information reported. A report is a public record, and is available for public inspection, without a public information request, during the city clerk's business hours. (D) By filing electronically a person required to file a report states under oath before the city clerk that the facts stated in the report are true to the best of the person's knowledge or belief. If a person is not an individual, an authorized officer or agent of the person must file the report, and the authorized officer or agent who files the report states under oath before the city clerk that the facts stated in the report are true to the best of the authorized officer's or agent's knowledge or belief. (E) A report filed with the city clerk under this chapter is under oath by the person or individual who files, or who is required to file, the report regardless of the absence of, or a defect in, the jurat or affidavit of verification, including a signature. (F) A false statement in a report filed under this chapter is subject to perjury and other penal provisions related to making false statements. (G) Not later than the 30th business day after a report is filed, the city clerk shall review the report for facial compliance, timeliness, and apparent completeness. Not later than the fifth business day after finding an apparent violation, the clerk shall notify the person responsible for filing the report of the apparent violation. If the report is not corrected by the 14th day after the registrant receives notification of an apparent violation from the City Clerk, the clerk shall forward a copy of the report to the city attorney and to the Ethics Review Commission. (H) The city clerk may adopt rules under Chapter 1-2 (Adoption of Rules) to administer and enforce this chapter. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20190619-172, Pt. 4, 7-1-19; Ord. No. 20260312-002, Pt. 4, 3-23-26.

Austin City Code § 4-8-10 REVIEW.

§ 4-8-10 - REVIEW. The city auditor shall review the recorded information described in Section 4-8-6(A)(5) every three years to ensure compliance and to assess the risk of non-compliance. Not later than the 14 th business day after finding an apparent violation, the auditor shall notify the city clerk, the city attorney, and the Ethics Review Commission. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20231019-044, Pt. 2, 10-30-23; Ord. No. 20260312-002, Pt. 5, 3-23-26.

Austin City Code § 4-8-11 LATE FILING FEE.

§ 4-8-11 - LATE FILING FEE. (A) A person responsible for filing a late report is liable to the City for payment of a late filing fee. The amount of the late filing fee shall be set by ordinance. A late filing fee is not penal in nature, and is in addition to an available sanction for a late filing of a report. A person's payment of a late fee under this section does not discharge a person's liability for a criminal offense under this chapter. (B) The city clerk shall determine from any available evidence whether a report under this chapter is late. (1) A registration or activity report that is not timely filed is late. Reports are late if filed after 11:59 p.m. on the due date. If the last day to perform an act is a Saturday, Sunday, or City holiday, Section 1-1-5 (Calculation of Time) applies, and the due date is the next date that is not a Saturday, Sunday, or City holiday. (2) A registration or activity report is not properly filed without all required fees, including accrued late fees, being paid timely. Accordingly, a registration or activity report filed without the required fees being paid timely is late. The city clerk may use an electronic form that will prevent a filer from submitting a required report until all registration, renewal, or late fees owed by a registrant or employee lobbyist are paid. (C) The city clerk may not extend a deadline or waive a late fee caused by an inadvertent error or omission of a person responsible for filing a report, or the error or omission of the person's authorized officer or agent. (D) The city clerk may extend a deadline for a period of up to 30 days and may waive up to two late fees if the registrant or person responsible for filing a report is unable to timely file a report due to: (1) a business interruption caused by a natural catastrophic event (such as tornado, flood, fire, hurricane, or earthquake), a serious weather-related event (such as heavy winds, ice, or snow), or other unsafe condition affecting the person's business or access to the person's business that is not caused by the person; or (2) a personal emergency related to: (a) the death, disability, or serious medical condition of the person, or the person's relative within the second degree of consanguinity or affinity; or (b) a natural catastrophic event. (E) Except to provide public testimony at a meeting subject to the requirements of the Texas Open Meetings Act, a lobbyist may not lobby a City Official unless all fees have been paid and all required reports have been filed. (F) On making a determination that a report is late, the clerk shall not later than the next business day send, by email, or other traceable method, a notice of the determination to the person responsible for the filing, notifying the person of the fee for late filing, and charging the fee. Late fees are due by 11:59 p.m. on the 10th day after the notice of determination is sent and are subject to Section 1-1-5 (Calculation of Time). (G) The city clerk will apply additional late fees on the first business day occurring after the 10th day after the date the city clerk sent the notice of determination. (1) Until the person files the activity report, the person is liable for an additional late fee each time the clerk sends a 10-day notice up to a cumulative maximum of $500 per report. (2) The clerk need not send additional notices when the total of the late fees has reached the maximum amount and may not send the notices more frequently than every 10th day. (H) The clerk shall provide a copy of each notice sent under this section to the city attorney. (I) The clerk shall deposit and use money received from late fees in the manner prescribed in this chapter for a registration fee. (J) A report is not properly or timely filed in compliance with this chapter if the registrant or lobbyist responsible for filing the report has failed to pay any fee owed under this Chapter prior to, or at the time of, the filing. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20190619-172, Pt. 5, 7-1-19; Ord. No. 20230323-003, Pt. 2, 4-3-23.

Austin City Code § 4-8-12 CITY ATTORNEY'S REPORT.

§ 4-8-12 - CITY ATTORNEY'S REPORT. (A) The city attorney shall at least quarterly submit a written public report to the Audit and Finance Committee, and at least annually make an oral report in an open session of the Audit and Finance Committee, on the enforcement of this chapter, including: (1) the number of referrals by the city clerk, city auditor, and other City departments; (2) the number of citizen complaints; (3) the number of investigations opened by the city attorney, whether on account of a referral or on the city attorney's own initiative; (4) the number of cases settled; (5) the number of subpoenas for documents issued; (6) the number of witnesses subpoenaed; (7) the number of cases tried; (8) the number of cases in which a fine was imposed; (9) the number of cases in which a fine was not imposed or the person was adjudged not liable; (10) the amount of fines assessed and collected; and (11) the number of city attorney staff hours devoted for the period for the enforcement of this chapter. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20190619-172, Pt. 6, 7-1-19.

Austin City Code § 4-8-13 SUSPENSION.

§ 4-8-13 - SUSPENSION. (1) This section applies to a person who has been convicted for three different incidents within a 24-month period for a criminal violation of this chapter. (2) Following the person's third conviction within a 24-month period, the person's lobby registration shall be suspended for 60 days after the date the third or subsequent conviction becomes final. (3) During the period that the person's lobby registration is suspended, the person commits an offense if the person lobbies for compensation. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17.

Austin City Code § 4-8-14 CRIMINAL PENALTY.

§ 4-8-14 - CRIMINAL PENALTY. (A) A person commits an offense who intentionally or knowingly violates this chapter, or a rule adopted by the city clerk under this chapter. An offense under this Chapter is a Class C misdemeanor punishable as provided by § 1-1-99 (Offenses; General Penalty). (B) Each failure to file a report, failure to disclose information required by this chapter, failure to perform a required act, or commission of a prohibited act, is a separate offense. (C) Each day that a violation persists is a separate offense. (D) The penalties provided for in this section are in addition to any other remedies available under City ordinance or state law. Source: Ord. No. 20160922-005, Pt. 1, 6-1-17.

Austin City Code § 4-8-15 AFFIRMATIVE DEFENSES.

§ 4-8-15 - AFFIRMATIVE DEFENSES. (A) It is an affirmative defense to a prosecution for a failure to register under this chapter that: (1) the person owns, publishes, or is employed by a news medium that in the ordinary course of business disseminates news, editorial, or other comment, or paid advertisements that directly or indirectly oppose or promote municipal questions, if: (a) the person's only activity is in connection with the preparation and publication of the news medium; and (b) the position taken or advocated by the news medium does not directly affect or seek to influence a municipal question in which the news medium outlet has a direct financial interest; (2) the person's only activity is to encourage or solicit a member, employee, or stockholder of an entity by whom the person is reimbursed, employed, or retained to communicate directly with a City official to influence a municipal question; (3) the person's only activity is an expenditure to attend a meeting or entertainment event attended by one or more City officials, if the cost of the meeting or entertainment event is not paid, in whole or in part, by the person or the person's client; (4) the person's only activity is an expenditure for the purchase of copies of City documents; (5) the person's only activity is in connection with employment by a registrant for the purpose of assisting in lobbying, the person does not communicate with a City official on a municipal question, and the person's reportable activity is reported by the registrant; (6) a person whose only activity is public testimony at a meeting open to the public, regardless of whether the person is compensated for the testimony, or whether the person makes expenditures in connection with preparation for the testimony; (7) a person who is appointed to a City board or task force, whose communication with a City official is solely and directly related to that public service, and who does not otherwise meet a threshold under Section 4-8-3 (Registration Requirement); (B) It is an affirmative defense to a prosecution under this chapter that compensation is an element of the offense and the alleged compensation is solely from sources described in Section 4-8-3(C) (Registration Requirement). (C) It is an affirmative defense to a prosecution for filing a late report, incomplete, or incorrect report that the person responsible for filing the report: (1) filed a complete and correct report not later than the 14th business day after the date the person becomes aware of the error or omission, other than by or after a filed complaint or an audit under Section 4-8-10 (Audit), in the registration or report originally filed; or (2) filed a complete and correct report in compliance with an extended deadline and lobbying restrictions in accordance with subsections (D) and (E) of Section 4-8-11 (Late Filing Fee). Source: Ord. No. 20160922-005, Pt. 1, 6-1-17; Ord. No. 20190619-172, Pt. 7, 7-1-19.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT4BUREPERE_CH4-8RELOFetched: 10/27/2026