Texas 2025 - 89th Regular

Texas Senate Bill SB19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Middleton, et al. S.B. No. 19
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the use by a political subdivision of public funds for
7	9		lobbying and certain other activities.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 556, Government Code, is amended by
10	12		adding Section 556.0056 to read as follows:
11	13		Sec. 556.0056. RESTRICTION ON USE OF PUBLIC FUNDS BY
12	14		POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) A political
13	15		subdivision may not spend public funds:
14	16		(1) to hire or contract with an individual required to
15	17		register as a lobbyist under Chapter 305 for the purpose of lobbying
16	18		a member of the legislature; or
17	19		(2) to pay a nonprofit association or organization
18	20		that:
19	21		(A) primarily represents political subdivisions;
20	22		and
21	23		(B) contracts with an individual required to
22	24		register as a lobbyist under Chapter 305.
23	25		(a-1) Subsection (a) does not apply to an association or
24	26		organization that solely represents elected sheriffs.
25	27		(b) Subsection (a) does not prohibit:
26	28		(1) an officer or employee of a political subdivision
27	29		from providing information for a member of the legislature or
28	30		appearing before a legislative committee;
29	31		(2) an elected officer of a political subdivision from
30	32		advocating for or against or otherwise influencing or attempting to
31	33		influence the outcome of legislation pending before the legislature
32	34		while acting as an officer of the political subdivision;
33	35		(3) an employee of a political subdivision from
34	36		advocating for or against or otherwise influencing or attempting to
35	37		influence the outcome of legislation pending before the legislature
36	38		if those actions would not require a person to register as a
37	39		lobbyist under Chapter 305;
38	40		(4) a political subdivision from reimbursing an
39	41		officer or full-time employee of the political subdivision for
40	42		direct travel expenses incurred by the officer or employee for
41	43		engaging in an activity described by Subdivision (1), (2), or (3);
42	44		or
43	45		(5) a full-time employee of a nonprofit association or
44	46		organization that primarily represents political subdivisions of
45	47		this state from engaging in activities that would require
46	48		registration as a lobbyist under Chapter 305.
47	49		(c) If a political subdivision engages in an activity
48	50		prohibited by Subsection (a), a taxpayer or resident of the
49	51		political subdivision is entitled to appropriate injunctive relief
50	52		to prevent further activity prohibited by that subsection and
51	53		further payment of public funds related to that activity.
52	54		(d) A taxpayer or resident who prevails in an action under
53	55		Subsection (c) is entitled to recover from the political
54	56		subdivision the taxpayer's or resident's reasonable attorney's fees
55	57		and costs incurred in bringing the action.
56	58		SECTION 2. Section 89.002, Local Government Code, is
57	59		amended to read as follows:
58	60		Sec. 89.002. STATE ASSOCIATION OF COUNTIES. (a) Except as
59	61		provided by Section 556.0056, Government Code, the [The]
60	62		commissioners court may spend, in the name of the county, money from
61	63		the county's general fund for membership fees and dues of a
62	64		nonprofit state association of counties if:
63	65		(1) a majority of the court votes to approve
64	66		membership in the association;
65	67		(2) the association exists for the betterment of
66	68		county government and the benefit of all county officials;
67	69		(3) the association is not affiliated with a labor
68	70		organization; and
69	71		(4) [neither the association nor an employee of the
70	72		association directly or indirectly influences or attempts to
71	73		influence the outcome of any legislation pending before the
72	74		legislature, except that this subdivision does not prevent a person
73	75		from providing information for a member of the legislature or
74	76		appearing before a legislative committee at the request of the
75	77		committee or the member of the legislature; and
76	78		[(5)] neither the association nor an employee of the
77	79		association directly or indirectly contributes any money,
78	80		services, or other valuable thing to a political campaign or
79	81		endorses a candidate or group of candidates for public office.
80	82		(b) If any association or organization supported wholly or
81	83		partly by payments of tax receipts from political subdivisions
82	84		engages in an activity described by Subsection (a)(4) [or (5)], a
83	85		taxpayer of a political subdivision that pays fees or dues to the
84	86		association or organization is entitled to appropriate injunctive
85	87		relief to prevent any further activity described by Subsection
86	88		(a)(4) [or (5)] or any further payments of fees or dues.
87	89		SECTION 3. Section 556.0056, Government Code, as added by
88	90		this Act, applies only to an expenditure or payment of public funds
89	91		by a political subdivision that is made on or after the effective
90	92		date of this Act, including an expenditure or payment of public
91	93		funds by a political subdivision that is made under a contract
92	94		entered into before, on, or after the effective date of this Act. A
93	95		contract term providing for an expenditure or payment prohibited by
94	96		Section 556.0056, Government Code, as added by this Act, is void on
95	97		the effective date of this Act.
96	98		SECTION 4. Section 89.002, Local Government Code, as
97	99		amended by this Act, applies only to the spending of money by a
98	100		county from the county's general fund that occurs on or after the
99	101		effective date of this Act. The spending of money by a county from
100	102		the county's general fund that occurs before the effective date of
101	103		this Act is governed by the law as it existed immediately before the
102	104		effective date of this Act, and that law is continued in effect for
103	105		that purpose.
104	106		SECTION 5. This Act takes effect September 1, 2025.