By: Shaheen H.B. No. 1257
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use by a political subdivision of public money for
  lobbying activities or lobbyists.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 89.002, Local Government Code, is
  transferred to Chapter 556, Government Code, redesignated as
  Section 556.0056, Government Code, and amended to read as follows:
         Sec. 556.0056 [89.002].  LOBBYING ACTIVITIES; ASSOCIATIONS
  AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES].  (a)  This
  section applies to:
               (1)  a political subdivision that imposes a tax; or
               (2)  a regional mobility authority, toll road
  authority, or transit authority.
         (b)  The governing body of a political subdivision may not
  spend public money to directly or indirectly influence or attempt
  to influence the outcome of any legislation pending before the
  legislature.  This subsection does not prevent:
               (1)  an officer or employee of a political subdivision
  from providing information for a member of the legislature or
  appearing before a legislative committee at the request of the
  committee or the member of the legislature; or
               (2)  an elected officer of a political subdivision from
  advocating for or against or otherwise influencing or attempting to
  influence the outcome of legislation pending before the legislature
  while acting as an officer of the political subdivision.
         (c)  The governing body of a political subdivision
  [commissioners court] may spend, in the name of the political
  subdivision [county], public money [from the county's general fund]
  for membership fees and dues of a nonprofit state association or
  organization of similarly situated political subdivisions only
  [counties] if:
               (1)  a majority of the governing body [court] votes to
  approve membership in the association or organization;
               (2)  the association or organization exists for the
  betterment of local [county] government and the benefit of all
  local [county] officials;
               (3)  the association or organization is not affiliated
  with a labor organization;
               (4)  neither the association or organization nor an
  employee of the association or organization directly or indirectly
  influences or attempts to influence the outcome of any legislation
  pending before the legislature[, except that this subdivision does
  not prevent a person from providing information for a member of the
  legislature or appearing before a legislative committee at the
  request of the committee or the member of the legislature]; and
               (5)  neither the association or organization [nor an
  employee of the association or organization]
  directly or indirectly
  contributes any money, services, or other valuable thing to a
  political campaign or endorses a candidate or group of candidates
  for public office.
         (d)  Subsection (c)(4) does not prevent a person from
  providing information for a member of the legislature or appearing
  before a legislative committee at the request of the committee or
  the member of the legislature.
         (e)  A political subdivision may not employ in any capacity a
  person required to register as a lobbyist under Chapter 305.
         (f)  If a political subdivision engages in an activity
  prohibited by Subsection (b) or (e) or if [(b)  If] any association
  or organization supported wholly or partly by payments of tax
  receipts from political subdivisions engages in an activity
  described by Subsection (c)(4) [(a)(4)] or (5), a taxpayer of a
  political subdivision that pays fees or dues to the association or
  organization is entitled to appropriate injunctive relief to
  prevent any further activity prohibited by Subsection (b) or (e) or 
  described by Subsection (c)(4) [(a)(4)] or (5) or any further
  payments of fees or dues.
         (g)  A taxpayer who prevails in an action under Subsection
  (f) is entitled to recover from the political subdivision the
  taxpayer's reasonable attorney's fees and costs incurred in
  bringing the action.
         SECTION 2.  Section 556.0056, Government Code, as
  redesignated and amended by this Act, applies only to an
  expenditure or payment of public funds by a political subdivision
  that is made on or after September 1, 2015. An expenditure or
  payment of public funds by a political subdivision that is made
  before September 1, 2015, is governed by the law in effect on the
  date the expenditure or payment is made, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.