Bill Text: TX HB3538 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the use by a political subdivision of public funds for lobbying activities.

Spectrum: Partisan Bill (Republican 28-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [HB3538 Detail]

Download: Texas-2023-HB3538-Introduced.html

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88R129 JG-F
By: Troxclair H.B. No. 3538

A BILL TO BE ENTITLED
AN ACT
relating to the use by a political subdivision of public funds for
lobbying activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 556, Government Code, is amended by
adding Section 556.0056 to read as follows:
Sec. 556.0056. RESTRICTION ON USE OF PUBLIC FUNDS BY
POLITICAL SUBDIVISIONS FOR LOBBYING ACTIVITIES. (a) A political
subdivision may not spend public funds:
(1) to hire an individual required to register as a
lobbyist under Chapter 305 for the purpose of lobbying a member of
the legislature; or
(2) to pay a nonprofit state association or
organization that:
(A) primarily represents political subdivisions;
and
(B) hires or contracts with an individual
required to register as a lobbyist under Chapter 305.
(b) If a political subdivision engages in an activity
prohibited by Subsection (a), a taxpayer or resident of the
political subdivision is entitled to appropriate injunctive relief
to prevent further activity prohibited by that subsection and
further payment of public funds related to that activity.
(c) A taxpayer or resident who prevails in an action under
Subsection (b) is entitled to recover from the political
subdivision the taxpayer's or resident's reasonable attorney's fees
and costs incurred in bringing the action.
SECTION 2. Section 81.026, Local Government Code, is
amended to read as follows:
Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON
ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or
county commissioner may serve on the governing body of or any
committee serving an association of counties, including a nonprofit
state association or organization, except that the county judge or
county commissioner may not spend public funds to serve on the
governing body or committee or to join or otherwise become a member
of the association of counties in violation of Section 556.0056,
Government Code [created or operating pursuant to the provisions of
Section 89.002]. A county judge or county commissioner may serve as
a member of any board of trustees or board of directors or other
governing body of any trust or other entity created pursuant to
interlocal contract for the purpose of forming or administering any
governmental pool, self-insurance pool, insurance pool, or any
other fund or joint endeavor created for the benefit of member
counties and political subdivisions. In addition, a county judge
or county commissioner may serve as a member of the board of
directors of any nonprofit corporation that is created and exists
solely for the purpose of providing administrative or other
services to such trust or other entity. A county judge or county
commissioner, acting as a member of any such board or committee, may
perform any act necessary or appropriate for the rendition of such
service, including the casting of votes and deliberations
concerning and execution of contracts or claims with or against any
county. A county judge or commissioner may participate in
deliberations concerning and cast any vote on any matter before the
commissioners court affecting the execution of any contract with or
the payment of claims, premiums, dues, or contributions to any such
trust, association, nonprofit corporation, or entity or any related
matter.
SECTION 3. Section 89.002, Local Government Code, is
repealed.
SECTION 4. Section 556.0056, Government Code, as added by
this Act, applies only to an expenditure or payment of public funds
by a political subdivision that is made on or after the effective
date of this Act, including an expenditure or payment of public
funds by a political subdivision that is made under a contract
entered into before, on, or after the effective date of this Act. A
contract term providing for an expenditure or payment prohibited by
Section 556.0056, Government Code, as added by this Act, is void on
the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2023.