Bill Text: TX SB1862 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use by a political subdivision of public money for lobbying activities or lobbyists; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-04 - Left pending in committee [SB1862 Detail]
Download: Texas-2015-SB1862-Introduced.html
84R11004 ATP-F | ||
By: Burton | S.B. No. 1862 |
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relating to the use by a political subdivision of public money for | ||
lobbying activities or lobbyists; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 89.002, Local Government Code, is | ||
transferred to Chapter 556, Government Code, redesignated as | ||
Section 556.0056, Government Code, and amended to read as follows: | ||
Sec. 556.0056 [ |
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AND ORGANIZATIONS [ |
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section applies to: | ||
(1) a political subdivision that imposes a tax; or | ||
(2) a regional mobility authority, toll road | ||
authority, or transit authority. | ||
(b) The governing body of a political subdivision may not | ||
spend public money to directly or indirectly influence or attempt | ||
to influence the outcome of any legislation pending before the | ||
legislature. This subsection does not prevent: | ||
(1) an officer or employee of a political subdivision | ||
from providing information for a member of the legislature or | ||
appearing before a legislative committee at the request of the | ||
committee or the member of the legislature; | ||
(2) an elected officer of a political subdivision from | ||
advocating for or against or otherwise influencing or attempting to | ||
influence the outcome of legislation pending before the legislature | ||
while acting as an officer of the political subdivision; or | ||
(3) an employee of a political subdivision from | ||
advocating for or against or otherwise influencing or attempting to | ||
influence the outcome of legislation pending before the legislature | ||
if those actions would not require a person to register as a | ||
lobbyist under Chapter 305. | ||
(c) The governing body of a political subdivision | ||
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subdivision [ |
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for membership fees and dues of a nonprofit state association or | ||
organization of similarly situated political subdivisions only | ||
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(1) a majority of the governing body [ |
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approve membership in the association or organization; | ||
(2) the association or organization exists for the | ||
betterment of local [ |
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local [ |
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(3) the association or organization is not affiliated | ||
with a labor organization; | ||
(4) neither the association or organization nor an | ||
employee of the association or organization directly or indirectly | ||
influences or attempts to influence the outcome of any legislation | ||
pending before the legislature[ |
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(5) [ |
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contribute [ |
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thing to a political campaign or endorse [ |
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group of candidates for public office. | ||
(d) Subsection (c)(4) does not prevent a person from | ||
providing information for a member of the legislature or appearing | ||
before a legislative committee at the request of the committee or | ||
the member of the legislature. | ||
(e) An interested person, including a member of the news | ||
media, or the attorney general on behalf of this state, may bring an | ||
action by mandamus or injunction to stop, prevent, or reverse a | ||
violation or threatened violation of this section by a member or | ||
group of members of the governing body of a political subdivision or | ||
by a lobbyist. The court may assess costs of litigation and | ||
reasonable attorney's fees incurred by a plaintiff who | ||
substantially prevails in an action under this subsection. In | ||
exercising its discretion, the court shall consider whether the | ||
action was brought in good faith and whether the conduct of the | ||
political subdivision had a reasonable basis in law. | ||
(f) A member or group of members of the governing body of a | ||
political subdivision or a lobbyist commits an offense if the | ||
member, group of members, or lobbyist knowingly conspires to | ||
circumvent this section. An offense under this subsection is a | ||
Class B misdemeanor. | ||
(g) It is an affirmative defense to prosecution under | ||
Subsection (f) that the person acted in reasonable reliance on a | ||
court order or a written interpretation of this chapter contained | ||
in an opinion of a court of record, the attorney general, or the | ||
attorney for the political subdivision. | ||
(h) If the state proceeds with an action under this section, | ||
a private person who first brought the action is entitled, except as | ||
provided by this subsection, to receive at least 15 percent but not | ||
more than 25 percent of the proceeds of the action, depending on the | ||
extent to which the person substantially contributed to the | ||
prosecution of the action. If the state does not proceed with an | ||
action under this section, the person bringing the action is | ||
entitled, except as provided by this subsection, to receive at | ||
least 25 percent but not more than 30 percent of the proceeds of the | ||
action. The entitlement of a person under this subsection is not | ||
affected by any subsequent intervention in the action by the state. | ||
If the court finds that the action is based primarily on disclosures | ||
of specific information, other than information provided by the | ||
person bringing the action, relating to allegations or transactions | ||
in a Texas or federal criminal or civil hearing, in a Texas or | ||
federal legislative or administrative report, hearing, audit, or | ||
investigation, or from the news media, the court may award to the | ||
person the amount the court considers appropriate but not more than | ||
10 percent of the proceeds of the action. The court shall consider | ||
the significance of the information and the role of the person | ||
bringing the action in advancing the case to litigation. A payment | ||
to a person under this subsection shall be made from the proceeds of | ||
the action. A person receiving a payment under this subsection is | ||
also entitled to receive from the defendant an amount for | ||
reasonable expenses, reasonable attorney's fees, and costs that the | ||
court finds to have been necessarily incurred. The court's | ||
determination of expenses, fees, and costs to be awarded under this | ||
subsection shall be made only after the defendant has been found | ||
liable in the action or the claim is settled. In this subsection, | ||
"proceeds of the action" includes proceeds of a settlement of the | ||
action. | ||
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SECTION 2. Section 556.0056, Government Code, as | ||
redesignated and amended by this Act, applies only to an | ||
expenditure or payment of public funds by a political subdivision | ||
that is made on or after September 1, 2015. An expenditure or | ||
payment of public funds by a political subdivision that is made | ||
before September 1, 2015, is governed by the law in effect on the | ||
date the expenditure or payment is made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |