Texas 2019 - 86th Regular

Texas Senate Bill SB29 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R31124 JG-D
2	1		By: Hall, et al. S.B. No. 29
3		-	(Middleton, Phelan, Metcalf, Longoria, Burrows, et al.)
4		-	Substitute the following for S.B. No. 29: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the use by a political subdivision of ~~public~~ money for
10		-	~~lobbying~~ and certain other activities.
	6	+	relating to the use by a political subdivision of money for lobbying
	7	+	and certain other activities.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 89.002, Local Government Code, is
13	10		transferred to Chapter 556, Government Code, redesignated as
14	11		Section 556.0056, Government Code, and amended to read as follows:
15	12		Sec. 556.0056 [89.002]. LOBBYING ACTIVITIES; ASSOCIATIONS
16	13		AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES]. (a) This
17		-	section applies to the following political subdivisions:
18		-	(1) a political subdivision that imposes a tax; and
19		-	(2) a regional mobility authority, toll road
20		-	authority, or transit authority.
	14	+	section applies to any political subdivision, including a regional
	15	+	mobility authority, toll road authority, or transit authority.
21	16		(b) The governing body of a political subdivision may not
22		-	spend public money to directly or indirectly influence or attempt
23		-	to influence the outcome of any legislation pending before the
24		-	legislature related to:
25		-	(1) taxation, including the implementation, rates,
26		-	and administration of taxes;
27		-	(2) bond elections;
28		-	(3) tax-supported debt; and
29		-	(4) ethics and transparency of public servants.
30		-	(c) Subsection (b) does not prevent:
	17	+	spend public money or provide compensation in any manner to
	18	+	directly or indirectly influence or attempt to influence the
	19	+	outcome of any legislation pending before the legislature. This
	20	+	subsection does not prevent:
31	21		(1) an officer or employee of a political subdivision
32	22		from providing information for a member of the legislature or
33	23		appearing before a legislative committee at the request of the
34		-	~~committee or the~~ member of the legislature;
	24	+	member of the legislature or the committee;
35	25		(2) an elected officer of a political subdivision from
36	26		advocating for or against or otherwise influencing or attempting to
37	27		influence the outcome of legislation pending before the legislature
38	28		while acting as an officer of the political subdivision; or
39	29		(3) an employee of a political subdivision from
40	30		advocating for or against or otherwise influencing or attempting to
41	31		influence the outcome of legislation pending before the legislature
42	32		if those actions would not require a person to register as a
43	33		lobbyist under Chapter 305.
44		-	(d) The governing body of a political subdivision
45		-	[commissioners court] may spend, in the name of the ~~political~~
46		-	~~subdivision [~~county], money ~~[from the county's general fund]~~ ~~for~~
47		-	~~membership fees and dues of a nonprofit state~~ association or
48		-	~~organization~~ of ~~similarly situated political subdivisions only~~
49		-	[counties] if:
	34	+	(c) The governing body of a political subdivision
	35	+	[commissioners court] may not spend any[, in the name of the
	36	+	county,] money or provide compensation in any manner to an
	37	+	association or organization [from the county's general fund] for
	38	+	membership fees and dues or for any other purpose unless [of a
	39	+	nonprofit state association of counties if]:
50	40		(1) a majority of the governing body [court] votes to
51	41		approve membership in the association or organization;
52	42		(2) the association or organization exists for the
53	43		betterment of local [county] government and the benefit of all
54	44		local [county] officials;
55	45		(3) the association or organization is not affiliated
56	46		with a labor organization;
57		-	(4) [neither] the association or organization, [nor]
58		-	an employee of the association or organization, or a person acting
59		-	on behalf of the association or organization does not directly or
60		-	indirectly influence [influences] or attempt [attempts] to
61		-	influence the outcome of any legislation pending before the
62		-	legislature related to the matters described by Subsections
63		-	(b)(1)-(4)[, except that this subdivision does not prevent a person
64		-	from providing information for a member of the legislature or
65		-	appearing before a legislative committee at the request of the
66		-	committee or the member of the legislature]; and
	47	+	(4) neither the association or organization nor an
	48	+	employee of the association or organization directly or indirectly
	49	+	influences or attempts to influence the outcome of any legislation
	50	+	pending before the legislature[, except that this subdivision does
	51	+	not prevent a person from providing information for a member of the
	52	+	legislature or appearing before a legislative committee at the
	53	+	request of the committee or the member of the legislature]; and
67	54		(5) [neither] the association or organization does not
68	55		[nor an employee of the association] directly or indirectly
69	56		contribute [contributes] any money, services, or other valuable
70	57		thing to a political campaign or endorse [endorses] a candidate or
71	58		group of candidates for public office.
	59	+	(d) Subsection (c)(4) does not prevent a person from
	60	+	providing information for a member of the legislature or appearing
	61	+	before a legislative committee at the request of the member of the
	62	+	legislature or the committee.
72	63		(e) If a political subdivision engages in an activity
73	64		prohibited by Subsection (b) or if [(b) If] any association or
74		-	organization supported wholly or partly by payments of ~~public money~~
75		-	~~[tax~~ receipts] from political subdivisions engages in an activity
76		-	described by Subsection (d)(4) [(a)(4)] or (5), a taxpayer or
	65	+	organization supported wholly or partly by payments of money [tax
	66	+	receipts] from political subdivisions engages in an activity
	67	+	described by Subsection (c)(4) [(a)(4)] or (5), a taxpayer or
77	68		resident of the [a] political subdivision that engages in the
78	69		prohibited activity or that pays fees or dues to the association or
79	70		organization is entitled to appropriate injunctive relief to
80	71		prevent any further activity prohibited by Subsection (b) or
81		-	described by Subsection (d)(4) [(a)(4)] or (5) or any further
	72	+	described by Subsection (c)(4) [(a)(4)] or (5) or any further
82	73		payments of fees or dues.
83	74		(f) A taxpayer or resident who prevails in an action under
84	75		Subsection (e) is entitled to recover from the political
85	76		subdivision the taxpayer's or resident's reasonable attorney's fees
86	77		and costs incurred in bringing the action.
87		-	SECTION 2. Chapter 140, Local Government Code, is amended
88		-	by adding Section 140.012 to read as follows:
89		-	Sec. 140.012. DISCLOSURE IN FINANCIAL REPORT OF AMOUNTS
90		-	SPENT ON LOBBYING ACTIVITIES. (a) This section applies only to:
91		-	(1) a political subdivision that imposes a tax; or
92		-	(2) a regional mobility authority, toll road
93		-	authority, or transit authority.
94		-	(b) A political subdivision or authority that uses any
95		-	public money to influence or attempt to influence the outcome of any
96		-	legislation pending before the legislature must disclose on any
97		-	comprehensive annual financial report required to be prepared by
98		-	the political subdivision or authority the total amount spent
99		-	during the fiscal year to compensate persons required to register
100		-	as a lobbyist under Chapter 305, Government Code, to influence the
101		-	outcome of legislation.
102		-	(c) Subsection (b) does not require a political subdivision
103		-	or authority to prepare a separate comprehensive annual financial
104		-	report for the disclosures under that subsection.
105		-	SECTION 3. (a) Section 556.0056, Government Code, as
	78	+	SECTION 2. Section 556.0056, Government Code, as
106	79		transferred, redesignated, and amended by this Act, applies only to
107		-	an expenditure or payment of public money by a political
108		-	subdivision that is made on or after September 1, 2019, including an
109		-	expenditure or payment of public money by a political subdivision
110		-	that is made under a contract entered into before, on, or after the
111		-	effective date of this Act. A contract term providing for an
112		-	expenditure or payment prohibited by Section 556.0056, Government
113		-	Code, as transferred, redesignated, and amended by this Act, is
114		-	void on the effective date of this Act for being counter to public
115		-	policy.
116		-	(b) Section 140.012, Local Government Code, as added by this
117		-	Act, applies only to a fiscal year of an entity required to file a
118		-	report that begins on or after the effective date of this Act.
119		-	SECTION 4. This Act takes effect September 1, 2019.
	80	+	an expenditure or payment of money or provision of some other
	81	+	compensation by a political subdivision that is made on or after
	82	+	September 1, 2019. An expenditure or payment of money or provision
	83	+	of some other compensation by a political subdivision that is made
	84	+	before September 1, 2019, is governed by the law in effect on the
	85	+	date the expenditure, payment, or provision is made, and the former
	86	+	law is continued in effect for that purpose.
	87	+	SECTION 3. This Act takes effect September 1, 2019.