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