85R3611 ATP-D
 
  By: Bettencourt S.B. No. 2044
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of tax proceeds for lobbying activities or
  lobbyists.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 556, Government Code, is amended by
  adding Section 556.0056 to read as follows:
         Sec. 556.0056.  LOBBYING ACTIVITIES.  (a)  This section
  applies to a governmental entity, including a political
  subdivision, wholly or partly funded by tax proceeds.
         (b)  A governmental entity may not spend tax proceeds 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 governmental entity
  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 with regard to the
  entity's budgetary needs or the effect of pending legislation on
  the entity; or
               (2)  an elected officer of a governmental entity 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 governmental entity.
         (c)  A governmental entity may not employ a person required
  to register as a lobbyist under Chapter 305 to engage in activities
  on behalf of the governmental entity for which registration is
  required under that chapter.
         (d)  If a governmental entity engages in an activity
  prohibited by Subsection (b) or (c), a taxpayer of the entity or the
  taxing authority that provides tax proceeds to the entity is
  entitled to appropriate injunctive relief to prevent any further
  activity prohibited by Subsection (b) or (c).
         (e)  A taxpayer who prevails in an action under Subsection
  (d) is entitled to recover from the governmental entity the
  taxpayer's reasonable attorney's fees and costs incurred in
  bringing the action.
         SECTION 2.  Section 556.0056, Government Code, as added by
  this Act, applies only to an expenditure or payment of tax proceeds
  by a governmental entity that is made on or after September 1, 2017.  
  An expenditure or payment of tax proceeds by a governmental entity
  that is made before September 1, 2017, 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, 2017.