89R620 CJD-F
By: Leo Wilson H.B. No. 309
A BILL TO BE ENTITLED
AN ACT
relating to the use by a political subdivision of public funds for
lobbying and certain other 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. RESTRICTION ON USE OF PUBLIC FUNDS BY
POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) A political
subdivision may not spend public funds:
(1) to hire an individual required to register as a
lobbyist under Chapter 305 for the purpose of lobbying a member of
the legislature; or
(2) to pay a nonprofit state association or
organization that:
(A) primarily represents political subdivisions;
and
(B) hires or contracts with an individual
required to register as a lobbyist under Chapter 305.
(b) If a political subdivision engages in an activity
prohibited by Subsection (a), a taxpayer or resident of the
political subdivision is entitled to appropriate injunctive relief
to prevent further activity prohibited by that subsection and
further payment of public funds related to that activity.
(c) A taxpayer or resident who prevails in an action under
Subsection (b) 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 81.026, Local Government Code, is
amended to read as follows:
Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON
ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or county
commissioner may serve on the governing body of or any committee
serving an association of counties created or operating pursuant to
the provisions of Section 89.002, including a nonprofit state
association or organization, except that the county judge or county
commissioner may not spend public funds to serve on the governing
body or committee or to join or otherwise become a member of the
association of counties in violation of Section 556.0056,
Government Code. A county judge or county commissioner may serve as
a member of any board of trustees or board of directors or other
governing body of any trust or other entity created pursuant to
interlocal contract for the purpose of forming or administering any
governmental pool, self-insurance pool, insurance pool, or any
other fund or joint endeavor created for the benefit of member
counties and political subdivisions. In addition, a county judge
or county commissioner may serve as a member of the board of
directors of any nonprofit corporation that is created and exists
solely for the purpose of providing administrative or other
services to such trust or other entity. A county judge or county
commissioner, acting as a member of any such board or committee, may
perform any act necessary or appropriate for the rendition of such
service, including the casting of votes and deliberations
concerning and execution of contracts or claims with or against any
county. A county judge or commissioner may participate in
deliberations concerning and cast any vote on any matter before the
commissioners court affecting the execution of any contract with or
the payment of claims, premiums, dues, or contributions to any such
trust, association, nonprofit corporation, or entity or any related
matter.
SECTION 3. Section 89.002, Local Government Code, is
amended to read as follows:
Sec. 89.002. STATE ASSOCIATION OF COUNTIES. (a) Except as
provided by Section 556.0056, Government Code, the [The]
commissioners court may spend, in the name of the county, money from
the county's general fund for membership fees and dues of a
nonprofit state association of counties if:
(1) a majority of the court votes to approve
membership in the association;
(2) the association exists for the betterment of
county government and the benefit of all county officials;
(3) the association is not affiliated with a labor
organization; and
(4) [neither the association nor an employee of the
association directly or indirectly influences or attempts to
influence the outcome of any legislation pending before the
legislature, except that this subdivision does not prevent a person
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; and
[(5)] neither the association nor an employee of the
association directly or indirectly contributes any money,
services, or other valuable thing to a political campaign or
endorses a candidate or group of candidates for public office.
(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 of a political subdivision that pays fees or dues to the
association or organization is entitled to appropriate injunctive
relief to prevent any further activity described by Subsection
(a)(4) [or (5)] or any further payments of fees or dues.
SECTION 4. Section 556.0056, Government Code, as added by
this Act, applies only to an expenditure or payment of public funds
by a political subdivision that is made on or after the effective
date of this Act, including an expenditure or payment of public
funds by a political subdivision that is made under a contract
entered into before, on, or after the effective date of this Act. A
contract term providing for an expenditure or payment prohibited by
Section 556.0056, Government Code, as added by this Act, is void on
the effective date of this Act.
SECTION 5. Section 89.002, Local Government Code, as
amended by this Act, applies only to the spending of money by a
county from the county's general fund that occurs on or after the
effective date of this Act. The spending of money by a county from
the county's general fund that occurs before the effective date of
this Act is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2025.