Texas 2025 - 89th Regular

Texas House Bill HB571 Compare Versions

Only one version of the bill is available at this time.
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11 89R1177 CJD-F
22 By: Cain H.B. No. 571
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the use by a political subdivision of public funds for
1010 lobbying and certain other activities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 556, Government Code, is amended by
1313 adding Section 556.0056 to read as follows:
1414 Sec. 556.0056. RESTRICTION ON USE OF PUBLIC FUNDS BY
1515 POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) Except as
1616 otherwise provided by this section, a political subdivision may not
1717 spend public funds:
1818 (1) to hire an individual required to register as a
1919 lobbyist under Chapter 305 for the purpose of lobbying a member of
2020 the legislature; or
2121 (2) to pay a nonprofit state association or
2222 organization that:
2323 (A) primarily represents political subdivisions;
2424 and
2525 (B) hires or contracts with an individual
2626 required to register as a lobbyist under Chapter 305.
2727 (b) If a political subdivision engages in an activity
2828 prohibited by Subsection (a), a taxpayer or resident of the
2929 political subdivision is entitled to appropriate injunctive relief
3030 to prevent further activity prohibited by that subsection and
3131 further payment of public funds related to that activity.
3232 (c) A taxpayer or resident who prevails in an action under
3333 Subsection (b) is entitled to recover from the political
3434 subdivision the taxpayer's or resident's reasonable attorney's fees
3535 and costs incurred in bringing the action.
3636 (d) This section does not prohibit:
3737 (1) a county or municipality from spending public
3838 funds to compensate or contract with an individual required to
3939 register as a lobbyist under Chapter 305 for the purpose of
4040 influencing or attempting to influence the outcome of legislation
4141 related to the military, military service members, or military
4242 veterans; or
4343 (2) a full-time employee of a nonprofit state
4444 association or organization that primarily represents political
4545 subdivisions of this state from:
4646 (A) providing legislative services, including
4747 services related to bill tracking, bill analysis, and legislative
4848 alerts;
4949 (B) communicating directly with a member of the
5050 legislature to provide information; or
5151 (C) testifying for or against legislation before
5252 a legislative committee.
5353 SECTION 2. Section 89.002, Local Government Code, is
5454 amended to read as follows:
5555 Sec. 89.002. STATE ASSOCIATION OF COUNTIES. (a) Except as
5656 provided by Section 556.0056, Government Code, the [The]
5757 commissioners court may spend, in the name of the county, money from
5858 the county's general fund for membership fees and dues of a
5959 nonprofit state association of counties if:
6060 (1) a majority of the court votes to approve
6161 membership in the association;
6262 (2) the association exists for the betterment of
6363 county government and the benefit of all county officials;
6464 (3) the association is not affiliated with a labor
6565 organization; and
6666 (4) [neither the association nor an employee of the
6767 association directly or indirectly influences or attempts to
6868 influence the outcome of any legislation pending before the
6969 legislature, except that this subdivision does not prevent a person
7070 from providing information for a member of the legislature or
7171 appearing before a legislative committee at the request of the
7272 committee or the member of the legislature; and
7373 [(5)] neither the association nor an employee of the
7474 association directly or indirectly contributes any money,
7575 services, or other valuable thing to a political campaign or
7676 endorses a candidate or group of candidates for public office.
7777 (b) If any association or organization supported wholly or
7878 partly by payments of tax receipts from political subdivisions
7979 engages in an activity described by Subsection (a)(4) [or (5)], a
8080 taxpayer of a political subdivision that pays fees or dues to the
8181 association or organization is entitled to appropriate injunctive
8282 relief to prevent any further activity described by Subsection
8383 (a)(4) [or (5)] or any further payments of fees or dues.
8484 SECTION 3. Section 556.0056, Government Code, as added by
8585 this Act, applies only to an expenditure or payment of public funds
8686 by a political subdivision that is made on or after the effective
8787 date of this Act, including an expenditure or payment of public
8888 funds by a political subdivision that is made under a contract
8989 entered into before, on, or after the effective date of this Act. A
9090 contract term providing for an expenditure or payment prohibited by
9191 Section 556.0056, Government Code, as added by this Act, is void on
9292 the effective date of this Act.
9393 SECTION 4. Section 89.002, Local Government Code, as
9494 amended by this Act, applies only to the spending of money by a
9595 county from the county's general fund that occurs on or after the
9696 effective date of this Act. The spending of money by a county from
9797 the county's general fund that occurs before the effective date of
9898 this Act is governed by the law as it existed immediately before the
9999 effective date of this Act, and that law is continued in effect for
100100 that purpose.
101101 SECTION 5. This Act takes effect September 1, 2025.