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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 funds for |
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lobbying and certain other activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 556, Government Code, is amended by |
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adding Section 556.0056 to read as follows: |
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Sec. 556.0056. RESTRICTION ON USE OF PUBLIC FUNDS BY |
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POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) Except as |
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otherwise provided by this section, a political subdivision may not |
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spend public funds: |
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(1) to hire an individual required to register as a |
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lobbyist under Chapter 305 for the purpose of lobbying a member of |
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the legislature; or |
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(2) to pay a nonprofit state association or |
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organization that: |
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(A) primarily represents political subdivisions; |
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and |
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(B) hires or contracts with an individual |
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required to register as a lobbyist under Chapter 305. |
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(b) If a political subdivision engages in an activity |
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prohibited by Subsection (a), a taxpayer or resident of the |
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political subdivision is entitled to appropriate injunctive relief |
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to prevent further activity prohibited by that subsection and |
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further payment of public funds related to that activity. |
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(c) A taxpayer or resident who prevails in an action under |
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Subsection (b) 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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(d) This section does not prohibit: |
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(1) a county or municipality from spending public |
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funds to compensate or contract with an individual required to |
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register as a lobbyist under Chapter 305 for the purpose of |
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influencing or attempting to influence the outcome of legislation |
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related to the military, military service members, or military |
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veterans; or |
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(2) a full-time employee of a nonprofit state |
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association or organization that primarily represents political |
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subdivisions of this state from: |
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(A) providing legislative services, including |
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services related to bill tracking, bill analysis, and legislative |
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alerts; |
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(B) communicating directly with a member of the |
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legislature to provide information; or |
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(C) testifying for or against legislation before |
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a legislative committee. |
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SECTION 2. Section 89.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 89.002. STATE ASSOCIATION OF COUNTIES. (a) Except as |
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provided by Section 556.0056, Government Code, the [The] |
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commissioners court may spend, in the name of the county, money from |
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the county's general fund for membership fees and dues of a |
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nonprofit state association of counties if: |
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(1) a majority of the court votes to approve |
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membership in the association; |
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(2) the association exists for the betterment of |
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county government and the benefit of all county officials; |
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(3) the association is not affiliated with a labor |
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organization; and |
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(4) [neither the association nor an employee of the |
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association directly or indirectly influences or attempts to |
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influence the outcome of any legislation pending before the |
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legislature, except that this subdivision does not prevent a person |
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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; and |
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[(5)] neither the association nor an employee of the |
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association directly or indirectly contributes any money, |
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services, or other valuable thing to a political campaign or |
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endorses a candidate or group of candidates 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)], a |
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taxpayer of a political subdivision that pays fees or dues to the |
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association or organization is entitled to appropriate injunctive |
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relief to prevent any further activity described by Subsection |
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(a)(4) [or (5)] or any further payments of fees or dues. |
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SECTION 3. Section 556.0056, Government Code, as added by |
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this Act, applies only to an expenditure or payment of public funds |
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by a political subdivision that is made on or after the effective |
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date of this Act, including an expenditure or payment of public |
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funds by a political subdivision that is made under a contract |
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entered into before, on, or after the effective date of this Act. A |
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contract term providing for an expenditure or payment prohibited by |
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Section 556.0056, Government Code, as added by this Act, is void on |
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the effective date of this Act. |
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SECTION 4. Section 89.002, Local Government Code, as |
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amended by this Act, applies only to the spending of money by a |
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county from the county's general fund that occurs on or after the |
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effective date of this Act. The spending of money by a county from |
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the county's general fund that occurs before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect October 1, 2023. |