By: Hughes S.B. No. 906
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 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 to directly or indirectly influence or attempt
to influence the outcome of any legislation pending before the
legislature that may expand access to elective abortions by an
abortion provider or an affiliate of an abortion provider. 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) If a political subdivision engages in an activity
prohibited by Subsection (b), [(b) If any association or
organization supported wholly or partly by payments of tax receipts
from political subdivisions engages in an activity described by
Subsection (a)(4) or (5)], a taxpayer or resident of the [a]
political subdivision that engages in the prohibited activity [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) [described by Subsection (a)(4) or (5)
or any further payments of fees or dues].
(d) A taxpayer or resident who prevails in an action under
Subsection (c) 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
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. An expenditure or
payment of public money by a political subdivision that is made
before September 1, 2019, 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, 2019.