86R31124 JG-D
By: Hall, et al. S.B. No. 29
(Middleton, Phelan, Metcalf, Longoria, Burrows, et al.)
Substitute the following for S.B. No. 29: No.
A BILL TO BE ENTITLED
AN ACT
relating to the use by a political subdivision of public 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 the following political subdivisions:
(1) a political subdivision that imposes a tax; and
(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 related to:
(1) taxation, including the implementation, rates,
and administration of taxes;
(2) bond elections;
(3) tax-supported debt; and
(4) ethics and transparency of public servants.
(c) Subsection (b) 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], 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, or a person acting
on behalf of the association or organization does not directly or
indirectly influence [influences] or attempt [attempts] to
influence the outcome of any legislation pending before the
legislature related to the matters described by Subsections
(b)(1)-(4)[, 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) 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 (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 (b) or
described by Subsection (d)(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. Chapter 140, Local Government Code, is amended
by adding Section 140.012 to read as follows:
Sec. 140.012. DISCLOSURE IN FINANCIAL REPORT OF AMOUNTS
SPENT ON LOBBYING ACTIVITIES. (a) This section applies only to:
(1) a political subdivision that imposes a tax; or
(2) a regional mobility authority, toll road
authority, or transit authority.
(b) A political subdivision or authority that uses any
public money to influence or attempt to influence the outcome of any
legislation pending before the legislature must disclose on any
comprehensive annual financial report required to be prepared by
the political subdivision or authority the total amount spent
during the fiscal year to compensate persons required to register
as a lobbyist under Chapter 305, Government Code, to influence the
outcome of legislation.
(c) Subsection (b) does not require a political subdivision
or authority to prepare a separate comprehensive annual financial
report for the disclosures under that subsection.
SECTION 3. (a) Section 556.0056, Government Code, as
transferred, 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, 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 transferred, redesignated, and amended by this Act, is
void on the effective date of this Act for being counter to public
policy.
(b) Section 140.012, Local Government Code, as added by this
Act, applies only to a fiscal year of an entity required to file a
report that begins on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.