Bill Text: TX SB175 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the use by a political subdivision of public funds for lobbying and certain other activities.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2023-04-13 - Referred to State Affairs [SB175 Detail]
Download: Texas-2023-SB175-Engrossed.html
By: Middleton, et al. | S.B. No. 175 |
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relating to the use by a political subdivision of public funds for | ||
lobbying and certain other 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. | ||
(d) This section does not apply to a municipality or county | ||
using public funds to compensate or contract with an individual | ||
required to register as a lobbyist under Chapter 305 for the purpose | ||
of influencing or attempting to influence the outcome of | ||
legislation related to the military, military service members, or | ||
military veterans. | ||
(e) This section does not prohibit a full-time employee of a | ||
nonprofit state association or organization that primarily | ||
represents political subdivisions of this state from: | ||
(1) providing legislative services, including | ||
services related to bill tracking, bill analysis, and legislative | ||
alerts; | ||
(2) communicating directly with a member of the | ||
legislature to provide information; or | ||
(3) testifying for or against legislation before a | ||
legislative committee. | ||
SECTION 2. Section 89.002, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 89.002. STATE ASSOCIATION OF COUNTIES. (a) Except as | ||
provided by Section 556.0056, Government Code, the [ |
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commissioners court may spend, in the name of the county, money from | ||
the county's general fund for membership fees and dues of a | ||
nonprofit state association of counties if: | ||
(1) a majority of the court votes to approve | ||
membership in the association; | ||
(2) the association exists for the betterment of | ||
county government and the benefit of all county officials; | ||
(3) the association is not affiliated with a labor | ||
organization; and | ||
(4) [ |
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association directly or indirectly contributes any money, | ||
services, or other valuable thing to a political campaign or | ||
endorses a candidate or group of candidates for public office. | ||
(b) If any association or organization supported wholly or | ||
partly by payments of tax receipts from political subdivisions | ||
engages in an activity described by Subsection (a)(4) [ |
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taxpayer of a political subdivision that pays fees or dues to the | ||
association or organization is entitled to appropriate injunctive | ||
relief to prevent any further activity described by Subsection | ||
(a)(4) [ |
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SECTION 3. 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 4. Section 89.002, Local Government Code, as | ||
amended by this Act, applies only to the spending of money by a | ||
county from the county's general fund that occurs on or after the | ||
effective date of this Act. The spending of money by a county from | ||
the county's general fund that occurs before the effective date of | ||
this Act is governed by the law as it existed immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 5. This Act takes effect September 1, 2023. |