84R1067 ATP-D
By: Shaheen H.B. No. 3219
A BILL TO BE ENTITLED
AN ACT
relating to the use by a school district of public money for
lobbying activities or lobbyists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.172 to read as follows:
Sec. 11.172. LOBBYING ACTIVITIES; ASSOCIATIONS. (a) The
board of trustees of a school district 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:
(1) a member of the board or an employee of the
district 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; or
(2) a member of the board from advocating for or
against or otherwise influencing or attempting to influence the
outcome of legislation pending before the legislature while acting
as a member of the board.
(b) The board of trustees of a school district may spend, in
the name of the district, public money for membership fees and dues
of a nonprofit state association of school districts if:
(1) a majority of the board votes to approve
membership in the association;
(2) the association exists for the betterment of
school district government and the benefit of all local school
district officials;
(3) the association is not affiliated with a labor
organization;
(4) neither the association nor an employee of the
association directly or indirectly influences or attempts to
influence the outcome of any legislation pending before the
legislature; and
(5) neither the association nor an employee of the
association 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) Subsection (b)(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 committee or
the member of the legislature.
(d) A school district may not employ in any capacity a
person required to register as a lobbyist under Chapter 305.
(e) If a school district or member of the board of trustees
of a school district engages in an activity prohibited by
Subsection (a) or (d) or if any association supported wholly or
partly by payments of tax receipts from school districts engages in
an activity described by Subsection (b)(4) or (5), a taxpayer of the
school district that violates Subsection (a) or (d) or that pays
fees or dues to the association is entitled to appropriate
injunctive relief to prevent any further activity prohibited by
Subsection (a) or (d) or described by Subsection (b)(4) or (5) or
any further payments of fees or dues.
(f) A taxpayer who prevails in an action under Subsection
(e) is entitled to recover from the school district the taxpayer's
reasonable attorney's fees and costs incurred in bringing the
action.
SECTION 2. Section 11.172, Education Code, as added by this
Act, applies only to an expenditure or payment of public funds by a
school district that is made on or after September 1, 2015. An
expenditure or payment of public funds by a school district that is
made before September 1, 2015, 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, 2015.