| 1 | 1 | | 85R3611 ATP-D |
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| 2 | 2 | | By: Bettencourt S.B. No. 2044 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of tax proceeds for lobbying activities or |
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| 8 | 8 | | lobbyists. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 556, Government Code, is amended by |
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| 11 | 11 | | adding Section 556.0056 to read as follows: |
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| 12 | 12 | | Sec. 556.0056. LOBBYING ACTIVITIES. (a) This section |
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| 13 | 13 | | applies to a governmental entity, including a political |
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| 14 | 14 | | subdivision, wholly or partly funded by tax proceeds. |
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| 15 | 15 | | (b) A governmental entity may not spend tax proceeds to |
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| 16 | 16 | | directly or indirectly influence or attempt to influence the |
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| 17 | 17 | | outcome of any legislation pending before the legislature. This |
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| 18 | 18 | | subsection does not prevent: |
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| 19 | 19 | | (1) an officer or employee of a governmental entity |
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| 20 | 20 | | from providing information for a member of the legislature or |
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| 21 | 21 | | appearing before a legislative committee at the request of the |
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| 22 | 22 | | committee or the member of the legislature, or with regard to the |
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| 23 | 23 | | entity's budgetary needs or the effect of pending legislation on |
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| 24 | 24 | | the entity; or |
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| 25 | 25 | | (2) an elected officer of a governmental entity from |
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| 26 | 26 | | advocating for or against or otherwise influencing or attempting to |
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| 27 | 27 | | influence the outcome of legislation pending before the legislature |
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| 28 | 28 | | while acting as an officer of the governmental entity. |
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| 29 | 29 | | (c) A governmental entity may not employ a person required |
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| 30 | 30 | | to register as a lobbyist under Chapter 305 to engage in activities |
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| 31 | 31 | | on behalf of the governmental entity for which registration is |
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| 32 | 32 | | required under that chapter. |
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| 33 | 33 | | (d) If a governmental entity engages in an activity |
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| 34 | 34 | | prohibited by Subsection (b) or (c), a taxpayer of the entity or the |
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| 35 | 35 | | taxing authority that provides tax proceeds to the entity is |
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| 36 | 36 | | entitled to appropriate injunctive relief to prevent any further |
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| 37 | 37 | | activity prohibited by Subsection (b) or (c). |
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| 38 | 38 | | (e) A taxpayer who prevails in an action under Subsection |
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| 39 | 39 | | (d) is entitled to recover from the governmental entity the |
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| 40 | 40 | | taxpayer's reasonable attorney's fees and costs incurred in |
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| 41 | 41 | | bringing the action. |
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| 42 | 42 | | SECTION 2. Section 556.0056, Government Code, as added by |
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| 43 | 43 | | this Act, applies only to an expenditure or payment of tax proceeds |
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| 44 | 44 | | by a governmental entity that is made on or after September 1, 2017. |
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| 45 | 45 | | An expenditure or payment of tax proceeds by a governmental entity |
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| 46 | 46 | | that is made before September 1, 2017, is governed by the law in |
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| 47 | 47 | | effect on the date the expenditure or payment is made, and the |
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| 48 | 48 | | former law is continued in effect for that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2017. |
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