1 | 1 | | 89R12466 CJD-D |
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2 | 2 | | By: Nichols S.B. No. 1420 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the use by a county, municipality, or school district of |
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10 | 10 | | public money for lobbying activities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 556, Government Code, is amended by |
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13 | 13 | | adding Section 556.0056 to read as follows: |
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14 | 14 | | Sec. 556.0056. RESTRICTIONS ON LOBBYING ACTIVITIES BY |
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15 | 15 | | COUNTIES, MUNICIPALITIES, AND SCHOOL DISTRICTS. (a) The governing |
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16 | 16 | | body of a county, municipality, or school district may not spend |
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17 | 17 | | public money or provide compensation in any manner to directly or |
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18 | 18 | | indirectly influence or attempt to influence the outcome of any |
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19 | 19 | | legislation pending before the legislature. This subsection does |
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20 | 20 | | not prevent: |
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21 | 21 | | (1) an officer or employee of a county, municipality, |
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22 | 22 | | or school district from providing information for a member of the |
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23 | 23 | | legislature or appearing before a legislative committee; |
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24 | 24 | | (2) an elected officer of a county, municipality, or |
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25 | 25 | | school district from advocating for or against or otherwise |
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26 | 26 | | influencing or attempting to influence the outcome of legislation |
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27 | 27 | | pending before the legislature, including testifying before a |
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28 | 28 | | legislative committee; |
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29 | 29 | | (3) an employee of a county, municipality, or school |
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30 | 30 | | district from advocating for or against or otherwise influencing or |
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31 | 31 | | attempting to influence the outcome of legislation pending before |
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32 | 32 | | the legislature if those actions would not require a person to |
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33 | 33 | | register as a lobbyist under Chapter 305; |
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34 | 34 | | (4) a county, municipality, or school district from |
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35 | 35 | | reimbursing an officer or employee of the county, municipality, or |
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36 | 36 | | school district for direct travel expenses incurred by the officer |
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37 | 37 | | or employee for engaging in an activity authorized by Subdivision |
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38 | 38 | | (1), (2), or (3); |
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39 | 39 | | (5) a county, municipality, or school district from |
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40 | 40 | | paying fees or dues or providing compensation in any manner to a |
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41 | 41 | | nonprofit state association or organization that advocates for or |
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42 | 42 | | against or otherwise influences or attempts to influence the |
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43 | 43 | | outcome of legislation pending before the legislature on the |
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44 | 44 | | collective behalf of counties, municipalities, or school districts |
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45 | 45 | | in this state, unless the association or organization pays or |
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46 | 46 | | otherwise compensates an individual required to register as a |
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47 | 47 | | lobbyist under Chapter 305 for a purpose described by this |
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48 | 48 | | subdivision, not including a full-time employee of the association |
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49 | 49 | | or organization; or |
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50 | 50 | | (6) a county, municipality, or school district from |
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51 | 51 | | spending public money or providing compensation to an individual |
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52 | 52 | | required to register as a lobbyist under Chapter 305 for the purpose |
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53 | 53 | | of influencing or attempting to influence the outcome of |
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54 | 54 | | legislation pending before the legislature related to the military, |
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55 | 55 | | military service members, or military veterans. |
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56 | 56 | | (b) A county, municipality, or school district may not |
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57 | 57 | | establish a nonprofit association or organization that advocates |
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58 | 58 | | for or against or otherwise influences or attempts to influence the |
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59 | 59 | | outcome of legislation pending before the legislature on the behalf |
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60 | 60 | | of a county, municipality, or school district if the association or |
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61 | 61 | | organization takes an action described by Subsection (a)(5). |
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62 | 62 | | (c) If a county, municipality, or school district engages in |
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63 | 63 | | an activity prohibited by Subsection (a) or (b), a taxpayer or |
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64 | 64 | | resident of the county, municipality, or school district is |
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65 | 65 | | entitled to appropriate injunctive relief to prevent any further |
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66 | 66 | | activity prohibited by those subsections. |
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67 | 67 | | (d) A taxpayer or resident who prevails in an action under |
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68 | 68 | | Subsection (c) is entitled to recover from the county, |
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69 | 69 | | municipality, or school district the taxpayer's or resident's |
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70 | 70 | | reasonable attorney's fees and costs incurred in bringing the |
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71 | 71 | | action. |
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72 | 72 | | SECTION 2. Section 556.0056, Government Code, as added by |
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73 | 73 | | this Act, applies only to: |
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74 | 74 | | (1) an expenditure or payment of money or provision of |
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75 | 75 | | some other compensation by a county, municipality, or school |
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76 | 76 | | district that is made on or after September 1, 2025; and |
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77 | 77 | | (2) the establishment of a nonprofit association or |
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78 | 78 | | organization that takes an action described by Subsection (a)(5) of |
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79 | 79 | | that section on or after September 1, 2025. |
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80 | 80 | | SECTION 3. This Act takes effect September 1, 2025. |
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