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A BILL TO BE ENTITLED
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AN ACT
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relating to the use by a political subdivision of public money for |
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fees and dues of a state association or organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 89.002, Local Government Code, is |
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transferred to Chapter 556, Government Code, redesignated as |
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Section 556.0056, and amended to read as follows: |
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Sec. 556.0056 [89.002]. STATE ASSOCIATIONS AND |
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ORGANIZATIONS [ASSOCIATION OF COUNTIES]. (a) The governing body |
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of a political subdivision [commissioners court] may spend, in the |
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name of the political subdivision [county], money from the |
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political subdivision's [county's] general fund for membership fees |
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and dues of a nonprofit state association or organization of |
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similarly situated political subdivisions [counties] if: |
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(1) a majority of the governing body [court] votes to |
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approve membership in the association or organization; |
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(2) the association or organization exists for the |
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betterment of local [county] government and the benefit of all |
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local [county] officials; |
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(3) the association or organization is not affiliated |
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with a labor organization; |
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(4) neither the association or organization nor an |
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employee of the association or organization directly or indirectly |
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influences or attempts to influence the outcome of any legislation |
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pending before the legislature, except that this subdivision does |
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not prevent a person from providing information for a member of the |
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legislature or appearing before a legislative committee at the |
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request of the committee or the member of the legislature; and |
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(5) neither the association or organization nor an |
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employee of the association or organization directly or indirectly |
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contributes any money, services, or other valuable thing to a |
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political campaign or endorses a candidate or group of candidates |
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for public office. |
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(b) If any association or organization supported wholly or |
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partly by payments of tax receipts from political subdivisions |
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engages in an activity described by Subsection (a)(4) or (5), an |
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action for [a taxpayer of a political subdivision that pays fees or
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dues to the association or organization is entitled to] appropriate |
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injunctive relief to prevent any further activity described by |
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Subsection (a)(4) or (5) or any further payments of fees or dues may |
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be brought by: |
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(1) a taxpayer of a political subdivision that pays |
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fees or dues to the association or organization; |
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(2) the county or district attorney of a county in |
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which any part of the political subdivision is located; |
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(3) the attorney general; or |
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(4) the public integrity unit of the office of the |
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district attorney for the 53rd Judicial District. |
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(c) A taxpayer who prevails in an action under Subsection |
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(b) is entitled to recover from the political subdivision the |
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taxpayer's reasonable attorney's fees and costs incurred in |
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bringing the action. |
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SECTION 2. Section 556.0056, Government Code, as |
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redesignated and amended by this Act, applies only to a payment by a |
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political subdivision that is made on or after September 1, 2007. A |
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payment by a political subdivision that is made before September 1, |
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2007, is governed by the law in effect on the date the payment is |
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made, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |