Texas 2015 - 84th Regular

Texas House Bill HB3219 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1067 ATP-D
2	2	By: Shaheen H.B. No. 3219
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use by a school district of public money for
8	8	lobbying activities or lobbyists.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 11, Education Code, is
11	11	amended by adding Section 11.172 to read as follows:
12	12	Sec. 11.172. LOBBYING ACTIVITIES; ASSOCIATIONS. (a) The
13	13	board of trustees of a school district may not spend public money to
14	14	directly or indirectly influence or attempt to influence the
15	15	outcome of any legislation pending before the legislature. This
16	16	subsection does not prevent:
17	17	(1) a member of the board or an employee of the
18	18	district from providing information for a member of the legislature
19	19	or appearing before a legislative committee at the request of the
20	20	committee or the member of the legislature; or
21	21	(2) a member of the board from advocating for or
22	22	against or otherwise influencing or attempting to influence the
23	23	outcome of legislation pending before the legislature while acting
24	24	as a member of the board.
25	25	(b) The board of trustees of a school district may spend, in
26	26	the name of the district, public money for membership fees and dues
27	27	of a nonprofit state association of school districts if:
28	28	(1) a majority of the board votes to approve
29	29	membership in the association;
30	30	(2) the association exists for the betterment of
31	31	school district government and the benefit of all local school
32	32	district officials;
33	33	(3) the association is not affiliated with a labor
34	34	organization;
35	35	(4) neither the association nor an employee of the
36	36	association directly or indirectly influences or attempts to
37	37	influence the outcome of any legislation pending before the
38	38	legislature; and
39	39	(5) neither the association nor an employee of the
40	40	association directly or indirectly contributes any money,
41	41	services, or other valuable thing to a political campaign or
42	42	endorses a candidate or group of candidates for public office.
43	43	(c) Subsection (b)(4) does not prevent a person from
44	44	providing information for a member of the legislature or appearing
45	45	before a legislative committee at the request of the committee or
46	46	the member of the legislature.
47	47	(d) A school district may not employ in any capacity a
48	48	person required to register as a lobbyist under Chapter 305.
49	49	(e) If a school district or member of the board of trustees
50	50	of a school district engages in an activity prohibited by
51	51	Subsection (a) or (d) or if any association supported wholly or
52	52	partly by payments of tax receipts from school districts engages in
53	53	an activity described by Subsection (b)(4) or (5), a taxpayer of the
54	54	school district that violates Subsection (a) or (d) or that pays
55	55	fees or dues to the association is entitled to appropriate
56	56	injunctive relief to prevent any further activity prohibited by
57	57	Subsection (a) or (d) or described by Subsection (b)(4) or (5) or
58	58	any further payments of fees or dues.
59	59	(f) A taxpayer who prevails in an action under Subsection
60	60	(e) is entitled to recover from the school district the taxpayer's
61	61	reasonable attorney's fees and costs incurred in bringing the
62	62	action.
63	63	SECTION 2. Section 11.172, Education Code, as added by this
64	64	Act, applies only to an expenditure or payment of public funds by a
65	65	school district that is made on or after September 1, 2015. An
66	66	expenditure or payment of public funds by a school district that is
67	67	made before September 1, 2015, is governed by the law in effect on
68	68	the date the expenditure or payment is made, and the former law is
69	69	continued in effect for that purpose.
70	70	SECTION 3. This Act takes effect September 1, 2015.