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A BILL TO BE ENTITLED
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AN ACT
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relating to the use by certain public entities 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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CERTAIN PUBLIC ENTITIES FOR LOBBYING ACTIVITIES. (a) This section |
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applies only to the following public entities: |
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(1) a political subdivision that imposes a tax; |
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(2) a political subdivision or special district that |
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is authorized to issue bonds, including revenue bonds; |
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(3) a regional mobility authority; |
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(4) a transit authority; |
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(5) a regional tollway authority; |
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(6) a special purpose district, including a municipal |
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utility district and a municipal management district; |
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(7) a public institution of higher education; |
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(8) a community college district; |
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(9) a publicly owned utility; and |
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(10) a river authority or water supply corporation. |
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(b) A public entity may not spend public funds: |
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(1) to hire or contract with an individual required to |
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register as a lobbyist under Chapter 305 for the purpose of lobbying |
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a member of 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 public entities; 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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(c) Subsection (b) does not prohibit: |
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(1) an officer or employee of a public entity from |
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providing information for a member of the legislature or appearing |
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before a legislative committee; |
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(2) an elected officer of a public entity 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 public entity; |
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(3) an employee of a public entity from advocating for |
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or against or otherwise influencing or attempting to influence the |
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outcome of legislation pending before the legislature if those |
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actions would not require a person to register as a lobbyist under |
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Chapter 305; |
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(4) a public entity from reimbursing an officer or |
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full-time employee of the public entity for direct travel expenses |
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incurred by the officer or employee for engaging in an activity |
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described by Subdivision (1), (2), or (3); or |
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(5) a full-time employee of a nonprofit state |
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association or organization that primarily represents public |
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entities from: |
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(A) providing legislative services related to |
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bill tracking, bill analysis, and legislative alerts; |
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(B) communicating directly with a member of the |
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legislature to provide information if the communication would not |
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require a person to register as a lobbyist under Chapter 305; or |
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(C) testifying for or against legislation before |
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the legislature. |
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(d) If a public entity engages in an activity prohibited by |
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Subsection (b), a taxpayer or resident of the public entity, or a |
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person receiving services from the entity, is entitled to |
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appropriate injunctive relief to prevent further activity |
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prohibited by that subsection and further payment of public funds |
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related to that activity. |
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(e) A taxpayer, resident, or other person who prevails in an |
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action under Subsection (d) is entitled to recover from the public |
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entity reasonable attorney's fees and costs incurred in bringing |
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the action. |
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(f) A public entity that violates this section may not |
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receive state funds until the second anniversary of the date the |
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violation occurred. |
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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 public entity that is made on or after the effective date of |
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this Act, including an expenditure or payment of public funds by a |
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public entity that is made under a contract entered into before, on, |
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or after the effective date of this Act. A contract term providing |
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for an expenditure or payment prohibited by Section 556.0056, |
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Government Code, as added by this Act, is void on the effective date |
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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 September 1, 2025. |