Bill Text: TX HB107 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 107 (Prior Session Legislation)

Introduced

Bill Title: Relating to the use by a political subdivision of public funds for lobbying activities.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2021-07-08 - Filed [HB107 Detail]

Download: Texas-2021-HB107-Introduced.html



	By: Middleton	H.B. No. 107



	A BILL TO BE ENTITLED
	AN ACT
	relating to the use by a political subdivision of public funds for
	lobbying 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 that engages in the prohibited activity is
	entitled to appropriate injunctive relief to prevent any further
	activity prohibited by Subsection (a) or any further payments of
	public funds related to the prohibited 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.
	SECTION 2. Section 81.026, Local Government Code, is
	amended to read as follows:
	Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON
	ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or county
	commissioner may serve on the governing body of or any committee
	serving an association of counties, including a nonprofit state
	association or organization, except that the county judge or county
	commissioner may not spend public funds to serve on the governing
	body or committee or to otherwise join or become a member of the
	association of counties in violation of Section 556.0056,
	Government Code[~~created or operating pursuant to the provisions of~~
	~~Section 89.002~~]. A county judge or county commissioner may serve as
	a member of any board of trustees or board of directors or other
	governing body of any trust or other entity created pursuant to
	interlocal contract for the purpose of forming or administering any
	governmental pool, self-insurance pool, insurance pool, or any
	other fund or joint endeavor created for the benefit of member
	counties and political subdivisions. In addition, a county judge
	or county commissioner may serve as a member of the board of
	directors of any nonprofit corporation that is created and exists
	solely for the purpose of providing administrative or other
	services to such trust or other entity. A county judge or county
	commissioner, acting as a member of any such board or committee, may
	perform any act necessary or appropriate for the rendition of such
	service, including the casting of votes and deliberations
	concerning and execution of contracts or claims with or against any
	county. A county judge or commissioner may participate in
	deliberations concerning and cast any vote on any matter before the
	commissioners court affecting the execution of any contract with or
	the payment of claims, premiums, dues, or contributions to any such
	trust, association, nonprofit corporation, or entity or any related
	matter.
	SECTION 3. Section 89.002, Local Government Code, is
	repealed.
	SECTION 4. 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 5. This Act takes effect on the 91st day after the
	last day of the legislative session.