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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. |
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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; ASSOCIATIONS |
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AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES]. (a) This |
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section applies to any political subdivision, including a regional |
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mobility authority, toll road authority, or transit authority. |
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(b) The governing body of a political subdivision may not |
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spend public money to directly or indirectly influence or attempt |
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to influence the outcome of any legislation pending before the |
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legislature that may expand access to elective abortions by an |
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abortion provider or an affiliate of an abortion provider. This |
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subsection does not prevent: |
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(1) an officer or employee of a political subdivision |
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from providing information for a member of the legislature or |
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appearing before a legislative committee at the request of the |
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committee or the member of the legislature; |
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(2) an elected officer of a political subdivision from |
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advocating for or against or otherwise influencing or attempting to |
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influence the outcome of legislation pending before the legislature |
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while acting as an officer of the political subdivision; or |
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(3) an employee of a political subdivision from |
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advocating for or against or otherwise influencing or attempting to |
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influence the outcome of legislation pending before the legislature |
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if those actions would not require a person to register as a |
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lobbyist under Chapter 305. |
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(c) If a political subdivision engages in an activity |
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prohibited by Subsection (b), [(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 (a)(4) or (5)], a taxpayer or resident of the [a] |
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political subdivision that engages in the prohibited activity [that
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pays fees or dues to the association or organization] is entitled to |
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appropriate injunctive relief to prevent any further activity |
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prohibited by Subsection (b) [described by Subsection (a)(4) or (5)
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or any further payments of fees or dues]. |
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(d) A taxpayer or resident who prevails in an action under |
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Subsection (c) is entitled to recover from the political |
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subdivision the taxpayer's or resident's reasonable attorney's fees |
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and costs incurred in 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 money by a political subdivision |
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that is made on or after September 1, 2019. An expenditure or |
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payment of public money by a political subdivision that is made |
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before September 1, 2019, 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, 2019. |