Bill Text: TX SB26 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the use by a political subdivision of public funds for lobbying activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-08 - Filed [SB26 Detail]
Download: Texas-2021-SB26-Introduced.html
| By: Hall | S.B. No. 26 | |
|
|
||
|
|
||
| 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 [ |
||
| 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 on the 91st day after the | ||
| last day of the legislative session. | ||
