85R1334 ATP-F
By: Burton S.B. No. 241
A BILL TO BE ENTITLED
AN ACT
relating to the use by a political subdivision of public money for
lobbying activities.
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; ASSOCIATIONS
AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES]. (a) This
section applies to:
(1) a political subdivision that imposes a tax; or
(2) a regional mobility authority, toll road
authority, or transit authority.
(b) 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:
(1) 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;
(2) an elected officer of a political subdivision 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 political subdivision; or
(3) an employee of a political subdivision from
advocating for or against or otherwise influencing or attempting to
influence the outcome of legislation pending before the legislature
if those actions would not require a person to register as a
lobbyist under Chapter 305.
(c) 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 does not
[nor an employee of the association] directly or indirectly
contribute [contributes] any money, services, or other valuable
thing to a political campaign or endorse [endorses] a candidate or
group of candidates for public office.
(d) Subsection (c)(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.
(e) If a political subdivision engages in an activity
prohibited by Subsection (b) or if [(b) If] any association or
organization supported wholly or partly by payments of public money
[tax receipts] from political subdivisions engages in an activity
described by Subsection (c)(4) [(a)(4)] or (5), a taxpayer of the
[a] political subdivision that engages in the prohibited activity
or that pays fees or dues to the association or organization is
entitled to appropriate injunctive relief to prevent any further
activity prohibited by Subsection (b) or described by Subsection
(c)(4) [(a)(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 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 money by a political subdivision
that is made on or after September 1, 2017. An expenditure or
payment of public money by a political subdivision 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.