| 1 | 1 | | 87S20366 JG-F |
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| 2 | 2 | | By: Middleton H.B. No. 77 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use by a political subdivision of public funds for |
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| 8 | 8 | | lobbying activities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 556, Government Code, is amended by |
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| 11 | 11 | | adding Section 556.0056 to read as follows: |
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| 12 | 12 | | Sec. 556.0056. RESTRICTION ON USE OF PUBLIC FUNDS BY |
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| 13 | 13 | | POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) A political |
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| 14 | 14 | | subdivision may not spend public funds: |
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| 15 | 15 | | (1) to hire an individual required to register as a |
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| 16 | 16 | | lobbyist under Chapter 305 for the purpose of lobbying a member of |
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| 17 | 17 | | the legislature; or |
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| 18 | 18 | | (2) to pay a nonprofit state association or |
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| 19 | 19 | | organization that: |
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| 20 | 20 | | (A) primarily represents political subdivisions; |
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| 21 | 21 | | and |
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| 22 | 22 | | (B) hires or contracts with an individual |
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| 23 | 23 | | required to register as a lobbyist under Chapter 305. |
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| 24 | 24 | | (b) If a political subdivision engages in an activity |
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| 25 | 25 | | prohibited by Subsection (a), a taxpayer or resident of the |
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| 26 | 26 | | political subdivision is entitled to appropriate injunctive relief |
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| 27 | 27 | | to prevent further activity prohibited by that subsection and |
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| 28 | 28 | | further payment of public funds related to that activity. |
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| 29 | 29 | | (c) A taxpayer or resident who prevails in an action under |
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| 30 | 30 | | Subsection (b) is entitled to recover from the political |
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| 31 | 31 | | subdivision the taxpayer's or resident's reasonable attorney's fees |
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| 32 | 32 | | and costs incurred in bringing the action. |
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| 33 | 33 | | SECTION 2. Section 81.026, Local Government Code, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON |
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| 36 | 36 | | ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or |
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| 37 | 37 | | county commissioner may serve on the governing body of or any |
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| 38 | 38 | | committee serving an association of counties, including a nonprofit |
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| 39 | 39 | | state association or organization, except that the county judge or |
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| 40 | 40 | | county commissioner may not spend public funds to serve on the |
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| 41 | 41 | | governing body or committee or to join or otherwise become a member |
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| 42 | 42 | | of the association of counties in violation of Section 556.0056, |
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| 43 | 43 | | Government Code [created or operating pursuant to the provisions of |
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| 44 | 44 | | Section 89.002]. A county judge or county commissioner may serve as |
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| 45 | 45 | | a member of any board of trustees or board of directors or other |
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| 46 | 46 | | governing body of any trust or other entity created pursuant to |
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| 47 | 47 | | interlocal contract for the purpose of forming or administering any |
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| 48 | 48 | | governmental pool, self-insurance pool, insurance pool, or any |
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| 49 | 49 | | other fund or joint endeavor created for the benefit of member |
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| 50 | 50 | | counties and political subdivisions. In addition, a county judge |
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| 51 | 51 | | or county commissioner may serve as a member of the board of |
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| 52 | 52 | | directors of any nonprofit corporation that is created and exists |
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| 53 | 53 | | solely for the purpose of providing administrative or other |
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| 54 | 54 | | services to such trust or other entity. A county judge or county |
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| 55 | 55 | | commissioner, acting as a member of any such board or committee, may |
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| 56 | 56 | | perform any act necessary or appropriate for the rendition of such |
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| 57 | 57 | | service, including the casting of votes and deliberations |
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| 58 | 58 | | concerning and execution of contracts or claims with or against any |
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| 59 | 59 | | county. A county judge or commissioner may participate in |
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| 60 | 60 | | deliberations concerning and cast any vote on any matter before the |
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| 61 | 61 | | commissioners court affecting the execution of any contract with or |
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| 62 | 62 | | the payment of claims, premiums, dues, or contributions to any such |
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| 63 | 63 | | trust, association, nonprofit corporation, or entity or any related |
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| 64 | 64 | | matter. |
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| 65 | 65 | | SECTION 3. Section 89.002, Local Government Code, is |
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| 66 | 66 | | repealed. |
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| 67 | 67 | | SECTION 4. Section 556.0056, Government Code, as added by |
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| 68 | 68 | | this Act, applies only to an expenditure or payment of public funds |
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| 69 | 69 | | by a political subdivision that is made on or after the effective |
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| 70 | 70 | | date of this Act, including an expenditure or payment of public |
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| 71 | 71 | | funds by a political subdivision that is made under a contract |
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| 72 | 72 | | entered into before, on, or after the effective date of this Act. A |
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| 73 | 73 | | contract term providing for an expenditure or payment prohibited by |
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| 74 | 74 | | Section 556.0056, Government Code, as added by this Act, is void on |
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| 75 | 75 | | the effective date of this Act. |
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| 76 | 76 | | SECTION 5. This Act takes effect on the 91st day after the |
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| 77 | 77 | | last day of the legislative session. |
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