86R19443 ATP-F
By: Middleton H.B. No. 281
Substitute the following for H.B. No. 281:
By: Harless C.S.H.B. No. 281
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) Except as
provided by Subsection (b), this section applies to the following
political subdivisions:
(1) a political subdivision that imposes a tax; or
(2) a regional mobility authority, toll road
authority, or transit authority.
(b) This section does not apply to a navigation district
created under Section 52, Article III, or Section 59, Article XVI,
Texas Constitution.
(c) 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.
(d) 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.
(e) Subsection (d)(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.
(f) If a political subdivision engages in an activity
prohibited by Subsection (c) 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 (d)(4) [(a)(4)] or (5), a taxpayer or
resident 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 (c) or
described by Subsection (d)(4) [(a)(4)] or (5) or any further
payments of fees or dues.
(g) A taxpayer or resident who prevails in an action under
Subsection (f) is entitled to recover from the political
subdivision the taxpayer's or resident's reasonable attorney's fees
and costs incurred in bringing the action.
SECTION 2. The changes in law made by this Act to Section
556.0056, Government Code, as redesignated and amended by this Act,
apply only to an expenditure or payment of public money by a
political subdivision that is made on or after September 1, 2019,
including an expenditure or payment of public money by a political
subdivision that is made under a contract entered into before, on,
or after the effective date of this Act. A contract term providing
for an expenditure or payment prohibited by Section 556.0056,
Government Code, as redesignated and amended by this Act, is void on
the effective date of this Act for being counter to public policy.
SECTION 3. This Act takes effect September 1, 2019.