By: Hall, et al. S.B. No. 29
A BILL TO BE ENTITLED
AN ACT
relating to the use by a political subdivision of money for lobbying
and certain other 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 any political subdivision, including a regional
mobility authority, toll road authority, or transit authority.
(b) The governing body of a political subdivision may not
spend public money or provide compensation in any manner 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
member of the legislature or the committee;
(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 not spend any[, in the name of the
county,] money or provide compensation in any manner to an
association or organization [from the county's general fund] for
membership fees and dues or for any other purpose unless [of a
nonprofit state association of 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 member of the
legislature or the committee.
(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 money [tax
receipts] from political subdivisions engages in an activity
described by Subsection (c)(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 (b) or
described by Subsection (c)(4) [(a)(4)] or (5) or any further
payments of fees or dues.
(f) A taxpayer or resident who prevails in an action under
Subsection (e) 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. Section 556.0056, Government Code, as
transferred, redesignated, and amended by this Act, applies only to
an expenditure or payment of money or provision of some other
compensation by a political subdivision that is made on or after
September 1, 2019. An expenditure or payment of money or provision
of some other compensation by a political subdivision that is made
before September 1, 2019, is governed by the law in effect on the
date the expenditure, payment, or provision is made, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.