Texas 2025 - 89th Regular

Texas Senate Bill SB1695 Compare Versions

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11 89R10095 CJD-F
22 By: Hall S.B. No. 1695
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the use by a political subdivision of money for lobbying
1010 and certain other activities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 89.002, Local Government Code, is
1313 transferred to Chapter 556, Government Code, redesignated as
1414 Section 556.0056, Government Code, and amended to read as follows:
1515 Sec. 556.0056 [89.002]. LOBBYING ACTIVITIES; ASSOCIATIONS
1616 AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES]. (a) This
1717 section applies to political subdivision, including a regional
1818 mobility authority, toll road authority, and transit authority.
1919 (b) The governing body of a political subdivision may not
2020 spend public money or provide compensation of any kind to directly
2121 or indirectly influence or attempt to influence the outcome of
2222 legislation pending before the legislature. This subsection does
2323 not prevent:
2424 (1) an officer or employee of a political subdivision
2525 from providing information for a member of the legislature or
2626 appearing before a legislative committee at the request of the
2727 member of the legislature or the committee;
2828 (2) an elected officer of a political subdivision from
2929 advocating for or against or otherwise influencing or attempting to
3030 influence the outcome of legislation pending before the legislature
3131 while acting as an officer of the political subdivision; or
3232 (3) an employee of a political subdivision from
3333 advocating for or against or otherwise influencing or attempting to
3434 influence the outcome of legislation pending before the legislature
3535 if those actions would not require a person to register as a
3636 lobbyist under Chapter 305.
3737 (c) The governing body of a political subdivision
3838 [commissioners court] may not spend [, in the name of the county,]
3939 money or provide compensation of any kind to an association or
4040 organization [from the county's general fund] for membership fees
4141 and dues or for any other purpose unless [of a nonprofit state
4242 association of counties if]:
4343 (1) a majority of the governing body [court] votes to
4444 approve membership in the association or organization;
4545 (2) the association or organization exists for the
4646 betterment of local [county] government and the benefit of all
4747 local [county] officials;
4848 (3) the association or organization is not affiliated
4949 with a labor organization;
5050 (4) neither the association or organization nor an
5151 employee of the association or organization directly or indirectly
5252 influences or attempts to influence the outcome of any legislation
5353 pending before the legislature[, except that this subdivision does
5454 not prevent a person from providing information for a member of the
5555 legislature or appearing before a legislative committee at the
5656 request of the committee or the member of the legislature]; and
5757 (5) [neither] the association or organization does not
5858 [nor an employee of the association] directly or indirectly
5959 contribute [contributes] any money, services, or other valuable
6060 thing to a political campaign or endorse [endorses] a candidate or
6161 group of candidates for public office.
6262 (d) Subsection (c)(4) does not prevent a person from
6363 providing information for a member of the legislature or appearing
6464 before a legislative committee at the request of the member of the
6565 legislature or the committee.
6666 (e) If a political subdivision engages in an activity
6767 prohibited by Subsection (b) or if [(b) If] any association or
6868 organization supported wholly or partly by payments of money [tax
6969 receipts] from political subdivisions engages in an activity
7070 described by Subsection (c)(4) [(a)(4)] or (5), a taxpayer or
7171 resident of the [a] political subdivision that engages in the
7272 prohibited activity or that pays fees or dues to the association or
7373 organization is entitled to appropriate injunctive relief to
7474 prevent any further activity prohibited by Subsection (b) or
7575 described by Subsection (c)(4) [(a)(4)] or (5) or any further
7676 payments of fees or dues.
7777 (f) A taxpayer or resident who prevails in an action under
7878 Subsection (e) is entitled to recover from the political
7979 subdivision the taxpayer's or resident's reasonable attorney's fees
8080 and costs incurred in bringing the action.
8181 SECTION 2. Section 556.0056, Government Code, as
8282 transferred, redesignated, and amended by this Act, applies only to
8383 an expenditure or payment of money or provision of some other
8484 compensation by a political subdivision that is made on or after
8585 September 1, 2025. An expenditure or payment of money or provision
8686 of some other compensation by a political subdivision that is made
8787 before September 1, 2025, is governed by the law in effect on the
8888 date the expenditure, payment, or provision is made, and the former
8989 law is continued in effect for that purpose.
9090 SECTION 3. This Act takes effect immediately if it receives
9191 a vote of two-thirds of all the members elected to each house, as
9292 provided by Section 39, Article III, Texas Constitution. If this
9393 Act does not receive the vote necessary for immediate effect, this
9494 Act takes effect September 1, 2025.