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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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lobbying activities or payment of fees and dues of a state |
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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, Government Code, and amended to read as follows: |
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Sec. 556.0056 [89.002]. LOBBYING ACTIVITIES; STATE |
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ASSOCIATIONS AND ORGANIZATIONS [ASSOCIATION OF COUNTIES]. (a) The |
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governing body of a political subdivision may not spend public |
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money to directly or indirectly influence or attempt to influence |
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the outcome of any legislation pending before the legislature. |
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This subsection does not prevent an officer or employee of a |
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political subdivision from providing information for a member of |
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the legislature or appearing before a legislative committee at the |
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request of the committee or the member of the legislature. |
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(b) The governing body of a political subdivision |
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[commissioners court] may spend, in the name of the political |
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subdivision [county], public money [from the county's general fund] |
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for membership fees and dues of a nonprofit state association or |
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organization of similarly situated political subdivisions only |
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[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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(c) If a political subdivision engages in an activity |
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described by Subsection (a) or if [(b) If] any association or |
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organization supported wholly or partly by payments of tax receipts |
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from political subdivisions engages in an activity described by |
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Subsection (b)(4) [(a)(4)] or (5), an action for [a taxpayer of a
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political subdivision that pays fees or dues to the association or
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organization is entitled to] appropriate injunctive relief to |
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prevent any further activity described by Subsection (a) or (b)(4) |
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[(a)(4)] or (5) or any further payments of fees or dues may be |
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brought by: |
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(1) a taxpayer of a political subdivision that: |
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(A) engages in an activity described by |
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Subsection (a); or |
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(B) pays fees or dues to an association or |
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organization that engages in an activity described by Subsection |
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(b)(4) or (5); |
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(2) the county or district attorney of a county that |
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contains any part of a political subdivision that: |
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(A) engages in an activity described by |
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Subsection (a); or |
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(B) pays fees or dues to an association or |
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organization that engages in an activity described by Subsection |
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(b)(4) or (5); |
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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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(d) A taxpayer who prevails in an action under Subsection |
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(c) 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 an |
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expenditure or payment of public funds by a political subdivision |
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that is made on or after September 1, 2009. An expenditure or |
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payment of public funds by a political subdivision that is made |
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before September 1, 2009, is governed by the law in effect on the |
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date the expenditure or payment is made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |