Bill Text: TX SB234 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the use by a political subdivision of public funds for lobbying activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-03 - Referred to State Affairs [SB234 Detail]
Download: Texas-2021-SB234-Introduced.html
By: Hall | S.B. No. 234 | |
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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[ |
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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 September 1, 2021. |