1 | 1 | | 89R10095 CJD-F |
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2 | 2 | | By: Hall S.B. No. 1695 |
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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 political subdivision of money for lobbying |
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10 | 10 | | and certain other 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. Section 89.002, Local Government Code, is |
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13 | 13 | | transferred to Chapter 556, Government Code, redesignated as |
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14 | 14 | | Section 556.0056, Government Code, and amended to read as follows: |
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15 | 15 | | Sec. 556.0056 [89.002]. LOBBYING ACTIVITIES; ASSOCIATIONS |
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16 | 16 | | AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES]. (a) This |
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17 | 17 | | section applies to political subdivision, including a regional |
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18 | 18 | | mobility authority, toll road authority, and transit authority. |
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19 | 19 | | (b) The governing body of a political subdivision may not |
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20 | 20 | | spend public money or provide compensation of any kind to directly |
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21 | 21 | | or indirectly influence or attempt to influence the outcome of |
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22 | 22 | | legislation pending before the legislature. This subsection does |
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23 | 23 | | not prevent: |
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24 | 24 | | (1) an officer or employee of a political subdivision |
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25 | 25 | | from providing information for a member of the legislature or |
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26 | 26 | | appearing before a legislative committee at the request of the |
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27 | 27 | | member of the legislature or the committee; |
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28 | 28 | | (2) an elected officer of a political subdivision from |
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29 | 29 | | advocating for or against or otherwise influencing or attempting to |
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30 | 30 | | influence the outcome of legislation pending before the legislature |
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31 | 31 | | while acting as an officer of the political subdivision; or |
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32 | 32 | | (3) an employee of a political subdivision from |
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33 | 33 | | advocating for or against or otherwise influencing or attempting to |
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34 | 34 | | influence the outcome of legislation pending before the legislature |
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35 | 35 | | if those actions would not require a person to register as a |
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36 | 36 | | lobbyist under Chapter 305. |
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37 | 37 | | (c) The governing body of a political subdivision |
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38 | 38 | | [commissioners court] may not spend [, in the name of the county,] |
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39 | 39 | | money or provide compensation of any kind to an association or |
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40 | 40 | | organization [from the county's general fund] for membership fees |
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41 | 41 | | and dues or for any other purpose unless [of a nonprofit state |
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42 | 42 | | association of counties if]: |
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43 | 43 | | (1) a majority of the governing body [court] votes to |
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44 | 44 | | approve membership in the association or organization; |
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45 | 45 | | (2) the association or organization exists for the |
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46 | 46 | | betterment of local [county] government and the benefit of all |
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47 | 47 | | local [county] officials; |
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48 | 48 | | (3) the association or organization is not affiliated |
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49 | 49 | | with a labor organization; |
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50 | 50 | | (4) neither the association or organization nor an |
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51 | 51 | | employee of the association or organization directly or indirectly |
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52 | 52 | | influences or attempts to influence the outcome of any legislation |
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53 | 53 | | pending before the legislature[, except that this subdivision does |
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54 | 54 | | not prevent a person from providing information for a member of the |
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55 | 55 | | legislature or appearing before a legislative committee at the |
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56 | 56 | | request of the committee or the member of the legislature]; and |
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57 | 57 | | (5) [neither] the association or organization does not |
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58 | 58 | | [nor an employee of the association] directly or indirectly |
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59 | 59 | | contribute [contributes] any money, services, or other valuable |
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60 | 60 | | thing to a political campaign or endorse [endorses] a candidate or |
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61 | 61 | | group of candidates for public office. |
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62 | 62 | | (d) Subsection (c)(4) does not prevent a person from |
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63 | 63 | | providing information for a member of the legislature or appearing |
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64 | 64 | | before a legislative committee at the request of the member of the |
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65 | 65 | | legislature or the committee. |
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66 | 66 | | (e) If a political subdivision engages in an activity |
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67 | 67 | | prohibited by Subsection (b) or if [(b) If] any association or |
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68 | 68 | | organization supported wholly or partly by payments of money [tax |
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69 | 69 | | receipts] from political subdivisions engages in an activity |
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70 | 70 | | described by Subsection (c)(4) [(a)(4)] or (5), a taxpayer or |
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71 | 71 | | resident of the [a] political subdivision that engages in the |
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72 | 72 | | prohibited activity or that pays fees or dues to the association or |
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73 | 73 | | organization is entitled to appropriate injunctive relief to |
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74 | 74 | | prevent any further activity prohibited by Subsection (b) or |
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75 | 75 | | described by Subsection (c)(4) [(a)(4)] or (5) or any further |
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76 | 76 | | payments of fees or dues. |
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77 | 77 | | (f) A taxpayer or resident who prevails in an action under |
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78 | 78 | | Subsection (e) is entitled to recover from the political |
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79 | 79 | | subdivision the taxpayer's or resident's reasonable attorney's fees |
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80 | 80 | | and costs incurred in bringing the action. |
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81 | 81 | | SECTION 2. Section 556.0056, Government Code, as |
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82 | 82 | | transferred, redesignated, and amended by this Act, applies only to |
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83 | 83 | | an expenditure or payment of money or provision of some other |
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84 | 84 | | compensation by a political subdivision that is made on or after |
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85 | 85 | | September 1, 2025. An expenditure or payment of money or provision |
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86 | 86 | | of some other compensation by a political subdivision that is made |
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87 | 87 | | before September 1, 2025, is governed by the law in effect on the |
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88 | 88 | | date the expenditure, payment, or provision is made, and the former |
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89 | 89 | | law is continued in effect for that purpose. |
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90 | 90 | | SECTION 3. This Act takes effect immediately if it receives |
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91 | 91 | | a vote of two-thirds of all the members elected to each house, as |
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92 | 92 | | provided by Section 39, Article III, Texas Constitution. If this |
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93 | 93 | | Act does not receive the vote necessary for immediate effect, this |
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94 | 94 | | Act takes effect September 1, 2025. |
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