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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) A political |
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subdivision may not 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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SECTION 2. Section 81.026, Local Government Code, is |
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amended to read as follows: |
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Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON |
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ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or county |
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commissioner may serve on the governing body of or any committee |
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serving an association of counties created or operating pursuant to |
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the provisions of Section 89.002, including a nonprofit state |
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association or organization, except that the county judge or county |
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commissioner may not spend public funds to serve on the governing |
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body or committee or to join or otherwise become a member of the |
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association of counties in violation of Section 556.0056, |
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Government Code. A county judge or county commissioner may serve as |
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a member of any board of trustees or board of directors or other |
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governing body of any trust or other entity created pursuant to |
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interlocal contract for the purpose of forming or administering any |
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governmental pool, self-insurance pool, insurance pool, or any |
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other fund or joint endeavor created for the benefit of member |
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counties and political subdivisions. In addition, a county judge |
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or county commissioner may serve as a member of the board of |
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directors of any nonprofit corporation that is created and exists |
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solely for the purpose of providing administrative or other |
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services to such trust or other entity. A county judge or county |
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commissioner, acting as a member of any such board or committee, may |
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perform any act necessary or appropriate for the rendition of such |
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service, including the casting of votes and deliberations |
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concerning and execution of contracts or claims with or against any |
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county. A county judge or commissioner may participate in |
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deliberations concerning and cast any vote on any matter before the |
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commissioners court affecting the execution of any contract with or |
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the payment of claims, premiums, dues, or contributions to any such |
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trust, association, nonprofit corporation, or entity or any related |
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matter. |
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SECTION 3. 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 4. 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 5. 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 6. This Act takes effect September 1, 2023. |
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