85R3611 ATP-D
By: Bettencourt S.B. No. 2044
A BILL TO BE ENTITLED
AN ACT
relating to the use of tax proceeds for lobbying activities or
lobbyists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 556, Government Code, is amended by
adding Section 556.0056 to read as follows:
Sec. 556.0056. LOBBYING ACTIVITIES. (a) This section
applies to a governmental entity, including a political
subdivision, wholly or partly funded by tax proceeds.
(b) A governmental entity may not spend tax proceeds 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 governmental entity
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 with regard to the
entity's budgetary needs or the effect of pending legislation on
the entity; or
(2) an elected officer of a governmental entity 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 governmental entity.
(c) A governmental entity may not employ a person required
to register as a lobbyist under Chapter 305 to engage in activities
on behalf of the governmental entity for which registration is
required under that chapter.
(d) If a governmental entity engages in an activity
prohibited by Subsection (b) or (c), a taxpayer of the entity or the
taxing authority that provides tax proceeds to the entity is
entitled to appropriate injunctive relief to prevent any further
activity prohibited by Subsection (b) or (c).
(e) A taxpayer who prevails in an action under Subsection
(d) is entitled to recover from the governmental entity the
taxpayer's reasonable attorney's fees and costs incurred in
bringing the action.
SECTION 2. Section 556.0056, Government Code, as added by
this Act, applies only to an expenditure or payment of tax proceeds
by a governmental entity that is made on or after September 1, 2017.
An expenditure or payment of tax proceeds by a governmental entity
that is made before September 1, 2017, 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, 2017.