§ 2-250.12. Definitions.

As used in this subdivision, the following words and phrases have the meaning ascribed to them in this section, unless the context requires otherwise:

(a)

City official means the mayor, members of the city council, municipal judges and magistrates, the city manager, assistant city manager, city secretary, assistant city secretary, all department heads, assistant department heads, and employees in salaried positions listed on the pay plan, members of bid committees, and all members of the boards and commissions appointed by the city council.

(b)

Client means any person on whose behalf lobbying is conducted. If a person engages in lobbying on that person's own behalf, whether directly or through the acts of others, the person is both a client and a lobbyist (as defined in subsection (g)). In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.

(c)

Compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with lobbying services rendered, or to be rendered, including reimbursement of expenses incurred in lobbying. Compensation does not include a payment made to any individual regularly employed by a person if, (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities, and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the payment. Compensation does 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. If a lobbyist engages in both lobbying activities and other activities on behalf of a person, compensation for lobbying includes all amounts received from that person, if, for the purpose of evading the obligations imposed under subdivision E, the lobbyist has structured the receipt of compensation in a way that unreasonably minimizes the value of the lobbying activities.

(d)

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 such contract, promise or agreement is legally enforceable. Expenditure does not include an amount paid to any individual regularly employed by a person if, (1) the amounts paid to the individual are ordinarily paid regardless of whether the individual engages in lobbying activities, and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the payment.

(e)

Gift means a voluntary transfer of property (including the payment of money) or the conferral of a benefit having pecuniary value (such as the retention of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor of the gift as quid pro quo. For purposes of subdivision E, gift does not include a lawful political contribution; a gift to a city official relating to a special occasion such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; reimbursement of reasonable travel expenses in accordance with city policies; a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion; a loan from a lending institution made in its regular course of business on the same terms generally available to the public; a scholarship or fellowship awarded on the same terms and based on the same criteria that is applied to other applicants; or admission to an event in which the city official is participating in connection with official duties.

(f)

Immediate family means a spouse residing in the person's household and dependent children.

(g)

Lobbyist means a person who engages in lobbying, whether directly or through the acts of another. If an agent or employee engages in lobbying for a principal or employer, both the agent and the principal, or the employee and the employer, are lobbyists.

(h)

Lobby or lobbying, except as provided below, means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication:

(1)

Merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official;

(2)

Made by a public official or employee (including, but not limited to, an official or employee of the City of Eagle Pass) acting in his or her official capacity;

(3)

Made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public;

(4)

Made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication;

(5)

Made at a meeting open to the public under the Open Meetings Act;

(6)

Made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

(7)

Made in writing as a petition for official action and required to be public record pursuant to established city procedures;

(8)

Made in writing to provide information in response to an oral or written request by a city official for specific information;

(9)

The content of which is compelled by law;

(10)

Made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications;

(11)

Made on behalf of an individual with regard to that individual's employment or benefits; or

(12)

Made by a fact witness or expert witness at an official proceeding.

(i)

Lobbying firm means:

(1)

A self-employed lobbyist, or

(2)

A person that has one or more employees who are lobbyists on behalf of a client or clients other than that person.

(j)

Municipal question means an issue pending or impending before the city, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the formulation, modification, or adoption of specifications, awards, grants, or contracts and the administration and execution of city programs and policies.

(k)

Person means an individual, corporation, association, firm, partnership, committee, club, organization, or a group of persons voluntarily acting in concert.

(l)

Registrant means a person required to register under section 2-250.13.

(m)

Substantial economic interest means direct or indirect ownership of: (1) ten (10) percent or more of the voting stock or shares of a business entity, or (2) ten (10) percent or more, or fifteen thousand dollars ($15,000.00) or more, of the fair market value of a business entity.

(Ord. No. 06-22, § 1(part E, § 2), 9-5-2006)