Bill Text: TX SB29 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use by a political subdivision of public money for lobbying and certain other activities.

Spectrum: Partisan Bill (Republican 46-2)

Status: (Engrossed - Dead) 2019-05-20 - Statement(s) of vote recorded in Journal [SB29 Detail]

Download: Texas-2019-SB29-Comm_Sub.html
 
 
  By: Hall  S.B. No. 29
         (In the Senate - Filed March 7, 2019; March 7, 2019, read
  first time and referred to Committee on State Affairs;
  April 3, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 2; April 3, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 29 By:  Hall
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use by a political subdivision of money for lobbying
  and certain other activities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 89.002, Local Government Code, is
  transferred to Chapter 556, Government Code, redesignated as
  Section 556.0056, Government Code, and amended to read as follows:
         Sec. 556.0056 [89.002].  LOBBYING ACTIVITIES; ASSOCIATIONS
  AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES].  (a)  This
  section applies to any political subdivision, including a regional
  mobility authority, toll road authority, or transit authority.
         (b)  The governing body of a political subdivision may not
  spend public money or provide compensation in any manner to
  directly or indirectly influence or attempt to influence the
  outcome of any legislation pending before the legislature.  This
  subsection does not prevent:
               (1)  an officer or employee of a political subdivision
  from providing information for a member of the legislature or
  appearing before a legislative committee at the request of the
  member of the legislature or the committee;
               (2)  an elected officer of a political subdivision from
  advocating for or against or otherwise influencing or attempting to
  influence the outcome of legislation pending before the legislature
  while acting as an officer of the political subdivision; or
               (3)  an employee of a political subdivision from
  advocating for or against or otherwise influencing or attempting to
  influence the outcome of legislation pending before the legislature
  if those actions would not require a person to register as a
  lobbyist under Chapter 305.
         (c)  The governing body of a political subdivision
  [commissioners court] may not spend any[, in the name of the
  county,] money or provide compensation in any manner to an
  association or organization [from the county's general fund] for
  membership fees and dues or for any other purpose unless [of a
  nonprofit state association of counties if]:
               (1)  a majority of the governing body [court] votes to
  approve membership in the association or organization;
               (2)  the association or organization exists for the
  betterment of local [county] government and the benefit of all
  local [county] officials;
               (3)  the association or organization is not affiliated
  with a labor organization;
               (4)  neither the association or organization nor an
  employee of the association or organization 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 or organization does not
  [nor an employee of the association] directly or indirectly
  contribute [contributes] any money, services, or other valuable
  thing to a political campaign or endorse [endorses] a candidate or
  group of candidates for public office.
         (d)  Subsection (c)(4) 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 member of the
  legislature or the committee.
         (e)  If a political subdivision engages in an activity
  prohibited by Subsection (b) or if [(b)  If] any association or
  organization supported wholly or partly by payments of money [tax
  receipts] from political subdivisions engages in an activity
  described by Subsection (c)(4) [(a)(4)] or (5), a taxpayer or
  resident of the [a] political subdivision that engages in the
  prohibited activity or that pays fees or dues to the association or
  organization is entitled to appropriate injunctive relief to
  prevent any further activity prohibited by Subsection (b) or 
  described by Subsection (c)(4) [(a)(4)] or (5) or any further
  payments of fees or dues.
         (f)  A taxpayer or resident who prevails in an action under
  Subsection (e) 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 556.0056, Government Code, as
  transferred, redesignated, and amended by this Act, applies only to
  an expenditure or payment of money or provision of some other
  compensation by a political subdivision that is made on or after
  September 1, 2019.  An expenditure or payment of money or provision
  of some other compensation by a political subdivision that is made
  before September 1, 2019, is governed by the law in effect on the
  date the expenditure, payment, or provision is made, and the former
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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