HB 81

By: Cain
  H.B. No. 81
  A BILL TO BE ENTITLED
  AN ACT
  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)  Subsection (a) does not prohibit:
               (1)  an officer or employee of a political subdivision
  from providing information for a member of the legislature or
  appearing before a legislative committee;
               (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;
               (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;
               (4)  a political subdivision from reimbursing an
  officer or full-time employee of the political subdivision for
  direct travel expenses incurred by the officer or employee for
  engaging in an activity described by Subdivision (1), (2), or (3);
  or
               (5)  a full-time employee of a nonprofit state
  association or organization that primarily represents political
  subdivisions of this state from:
                     (A)  providing legislative services related to
  bill tracking, bill analysis, and legislative alerts;
                     (B)  communicating directly with a member of the
  legislature to provide information if the communication would not
  require a person to register as a lobbyist under Chapter 305; or
                     (C)  testifying for or against legislation before
  the legislature.
         (c)  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.
         (d)  A taxpayer or resident who prevails in an action under
  Subsection (c) 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 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 [The]
  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)  [neither the association nor an employee of the
  association directly or indirectly influences or attempts to
  influence the outcome of any legislation pending before the
  legislature, except that this subdivision 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; and
                     [(5)]  neither the association nor an employee of
  the 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) [or (5)], a
  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) [or (5)] or any further payments of fees or dues.
         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 on the 91st day after the
  last day of the legislative session.