81R8862 ESH-D
By: Corte H.B. No. 2268
A BILL TO BE ENTITLED
AN ACT
relating to the use by a political subdivision of public money for
lobbying activities or payment of fees and dues of a state
association or organization.
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; STATE
ASSOCIATIONS AND ORGANIZATIONS [ASSOCIATION OF COUNTIES]. (a) The
governing body of a political subdivision may not spend public
money to directly or indirectly influence or attempt to influence
the outcome of any legislation pending before the legislature.
This subsection does not prevent 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 committee or the member of the legislature.
(b) The governing body of a political subdivision
[commissioners court] may spend, in the name of the political
subdivision [county], public money [from the county's general fund]
for membership fees and dues of a nonprofit state association or
organization of similarly situated political subdivisions only
[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 nor an
employee of the association or organization directly or indirectly
contributes any money, services, or other valuable thing to a
political campaign or endorses a candidate or group of candidates
for public office.
(c) If a political subdivision engages in an activity
described by Subsection (a) or if [(b) If] any association or
organization supported wholly or partly by payments of tax receipts
from political subdivisions engages in an activity described by
Subsection (b)(4) [(a)(4)] or (5), an action for [a taxpayer of a
political subdivision that pays fees or dues to the association or
organization is entitled to] appropriate injunctive relief to
prevent any further activity described by Subsection (a) or (b)(4)
[(a)(4)] or (5) or any further payments of fees or dues may be
brought by:
(1) a taxpayer of a political subdivision that:
(A) engages in an activity described by
Subsection (a); or
(B) pays fees or dues to an association or
organization that engages in an activity described by Subsection
(b)(4) or (5);
(2) the county or district attorney of a county that
contains any part of a political subdivision that:
(A) engages in an activity described by
Subsection (a); or
(B) pays fees or dues to an association or
organization that engages in an activity described by Subsection
(b)(4) or (5);
(3) the attorney general; or
(4) the public integrity unit of the office of the
district attorney for the 53rd Judicial District.
(d) A taxpayer who prevails in an action under Subsection
(c) is entitled to recover from the political subdivision the
taxpayer's reasonable attorney's fees and costs incurred in
bringing the action.
SECTION 2. Section 556.0056, Government Code, as
redesignated and amended by this Act, applies only to an
expenditure or payment of public funds by a political subdivision
that is made on or after September 1, 2009. An expenditure or
payment of public funds by a political subdivision that is made
before September 1, 2009, is governed by the law in effect on the
date the expenditure or payment is made, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.