Texas 2021 - 87th Regular

Texas Senate Bill SB234 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hall S.B. No. 234
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the use by a political subdivision of public funds for
7	7	lobbying activities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 556, Government Code, is amended by
10	10	adding Section 556.0056 to read as follows:
11	11	Sec. 556.0056. RESTRICTION ON USE OF PUBLIC FUNDS BY
12	12	POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) A political
13	13	subdivision may not spend public funds:
14	14	(1) to hire an individual required to register as a
15	15	lobbyist under Chapter 305 for the purpose of lobbying a member of
16	16	the legislature; or
17	17	(2) to pay a nonprofit state association or
18	18	organization that:
19	19	(A) primarily represents political subdivisions;
20	20	and
21	21	(B) hires or contracts with an individual
22	22	required to register as a lobbyist under Chapter 305.
23	23	(b) If a political subdivision engages in an activity
24	24	prohibited by Subsection (a), a taxpayer or resident of the
25	25	political subdivision that engages in the prohibited activity is
26	26	entitled to appropriate injunctive relief to prevent any further
27	27	activity prohibited by Subsection (a) or any further payments of
28	28	public funds related to the prohibited activity.
29	29	(c) A taxpayer or resident who prevails in an action under
30	30	Subsection (b) is entitled to recover from the political
31	31	subdivision the taxpayer's or resident's reasonable attorney's fees
32	32	and costs incurred in bringing the action.
33	33	SECTION 2. Section 81.026, Local Government Code, is
34	34	amended to read as follows:
35	35	Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON
36	36	ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or county
37	37	commissioner may serve on the governing body of or any committee
38	38	serving an association of counties, including a nonprofit state
39	39	association or organization, except that the county judge or county
40	40	commissioner may not spend public funds to serve on the governing
41	41	body or committee or to otherwise join or become a member of the
42	42	association of counties in violation of Section 556.0056,
43	43	Government Code[created or operating pursuant to the provisions of
44	44	Section 89.002]. A county judge or county commissioner may serve as
45	45	a member of any board of trustees or board of directors or other
46	46	governing body of any trust or other entity created pursuant to
47	47	interlocal contract for the purpose of forming or administering any
48	48	governmental pool, self-insurance pool, insurance pool, or any
49	49	other fund or joint endeavor created for the benefit of member
50	50	counties and political subdivisions. In addition, a county judge or
51	51	county commissioner may serve as a member of the board of directors
52	52	of any nonprofit corporation that is created and exists solely for
53	53	the purpose of providing administrative or other services to such
54	54	trust or other entity. A county judge or county commissioner,
55	55	acting as a member of any such board or committee, may perform any
56	56	act necessary or appropriate for the rendition of such service,
57	57	including the casting of votes and deliberations concerning and
58	58	execution of contracts or claims with or against any county. A
59	59	county judge or commissioner may participate in deliberations
60	60	concerning and cast any vote on any matter before the commissioners
61	61	court affecting the execution of any contract with or the payment of
62	62	claims, premiums, dues, or contributions to any such trust,
63	63	association, nonprofit corporation, or entity or any related
64	64	matter.
65	65	SECTION 3. Section 89.002, Local Government Code, is
66	66	repealed.
67	67	SECTION 4. Section 556.0056, Government Code, as added by
68	68	this Act, applies only to an expenditure or payment of public funds
69	69	by a political subdivision that is made on or after the effective
70	70	date of this Act, including an expenditure or payment of public
71	71	funds by a political subdivision that is made under a contract
72	72	entered into before, on, or after the effective date of this Act. A
73	73	contract term providing for an expenditure or payment prohibited by
74	74	Section 556.0056, Government Code, as added by this Act, is void on
75	75	the effective date of this Act.
76	76	SECTION 5. This Act takes effect September 1, 2021.