| |
|
|
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. |
|
|
|
|
|
* * * * * |