By: Bettencourt, et al. S.B. No. 10
(In the Senate - Filed March 10, 2021; March 11, 2021, read
first time and referred to Committee on Local Government;
April 12, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 4; April 12, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 10 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the use by a county or municipality of public money for
lobbying activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 556, Government Code, is amended by
adding Section 556.0056 to read as follows:
Sec. 556.0056. RESTRICTIONS ON LOBBYING ACTIVITIES BY
COUNTIES AND MUNICIPALITIES. (a) The governing body of a county or
municipality 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 county or municipality
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 county or municipality
from advocating for or against or otherwise influencing or
attempting to influence the outcome of legislation pending before
the legislature, including testifying before a legislative
committee, while acting as an officer of the county or
municipality;
(3) an employee of a county or municipality 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;
(4) a county or municipality from reimbursing an
officer or employee of the county or municipality for direct travel
expenses incurred by the officer or employee for engaging in an
activity authorized by Subdivision (1), (2), or (3); or
(5) a county or municipality from paying fees or dues
or providing compensation in any manner to a nonprofit state
association or organization that advocates for or against or
otherwise influences or attempts to influence the outcome of
legislation pending before the legislature on the collective behalf
of counties or municipalities in this state, unless the association
or organization:
(A) pays or otherwise compensates an individual
required to register as a lobbyist under Chapter 305 for a purpose
described by this subdivision, not including a full-time employee
of the association or organization; or
(B) advocates for or against or otherwise
influences or attempts to influence the outcome of legislation
pending before the legislature related to property taxation,
including the implementation, rates, and administration of
property taxes.
(b) A county or municipality may not establish a nonprofit
association or organization that advocates for or against or
otherwise influences or attempts to influence the outcome of
legislation pending before the legislature on the behalf of a
county or municipality if the association or organization takes an
action described by Subsection (a)(5)(A) or (B).
(c) If a county or municipality engages in an activity
prohibited by Subsection (a) or (b), a taxpayer or resident of the
county or municipality is entitled to appropriate injunctive relief
to prevent any further activity prohibited by those subsections.
(d) A taxpayer or resident who prevails in an action under
Subsection (c) is entitled to recover from the county or
municipality, as applicable, 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 added by
this Act, applies only to:
(1) an expenditure or payment of money or provision of
some other compensation by a county or municipality that is made on
or after September 1, 2021; and
(2) the establishment of a nonprofit association or
organization that takes an action described by Subsection (a)(5)(A)
or (B) of that section on or after September 1, 2021.
SECTION 3. This Act takes effect September 1, 2021.
* * * * *