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A BILL TO BE ENTITLED
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AN ACT
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relating to the use by a political subdivision of public money for |
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lobbying activities or lobbyists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 89.002, Local Government Code, is |
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transferred to Chapter 556, Government Code, redesignated as |
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Section 556.0056, Government Code, and amended to read as follows: |
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Sec. 556.0056 [89.002]. LOBBYING ACTIVITIES; ASSOCIATIONS |
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AND ORGANIZATIONS [STATE ASSOCIATION OF COUNTIES]. (a) This |
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section applies to: |
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(1) a political subdivision that imposes a tax; or |
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(2) a regional mobility authority, toll road |
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authority, or transit authority. |
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(b) The governing body of a political subdivision may not |
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spend public money to directly or indirectly influence or attempt |
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to influence the outcome of any legislation pending before the |
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legislature. This subsection does not prevent: |
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(1) an officer or employee of a political subdivision |
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from providing information for a member of the legislature or |
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appearing before a legislative committee at the request of the |
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committee or the member of the legislature; or |
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(2) an elected officer of a political subdivision from |
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advocating for or against or otherwise influencing or attempting to |
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influence the outcome of legislation pending before the legislature |
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while acting as an officer of the political subdivision. |
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(c) The governing body of a political subdivision |
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[commissioners court] may spend, in the name of the political |
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subdivision [county], public money [from the county's general fund] |
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for membership fees and dues of a nonprofit state association or |
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organization of similarly situated political subdivisions only |
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[counties] if: |
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(1) a majority of the governing body [court] votes to |
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approve membership in the association or organization; |
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(2) the association or organization exists for the |
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betterment of local [county] government and the benefit of all |
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local [county] officials; |
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(3) the association or organization is not affiliated |
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with a labor organization; |
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(4) neither the association or organization nor an |
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employee of the association or organization directly or indirectly |
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influences or attempts to influence the outcome of any legislation |
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pending before the legislature[, except that this subdivision does
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not prevent a person from providing information for a member of the
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legislature or appearing before a legislative committee at the
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request of the committee or the member of the legislature]; and |
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(5) neither the association or organization [nor an
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employee of the association or organization] |
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directly or indirectly |
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contributes any money, services, or other valuable thing to a |
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political campaign or endorses a candidate or group of candidates |
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for public office. |
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(d) Subsection (c)(4) does not prevent a person from |
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providing information for a member of the legislature or appearing |
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before a legislative committee at the request of the committee or |
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the member of the legislature. |
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(e) A political subdivision may not employ in any capacity a |
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person required to register as a lobbyist under Chapter 305. |
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(f) If a political subdivision engages in an activity |
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prohibited by Subsection (b) or (e) or if [(b) If] any association |
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or organization supported wholly or partly by payments of tax |
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receipts from political subdivisions engages in an activity |
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described by Subsection (c)(4) [(a)(4)] or (5), a taxpayer of a |
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political subdivision that pays fees or dues to the association or |
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organization is entitled to appropriate injunctive relief to |
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prevent any further activity prohibited by Subsection (b) or (e) or |
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described by Subsection (c)(4) [(a)(4)] or (5) or any further |
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payments of fees or dues. |
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(g) A taxpayer who prevails in an action under Subsection |
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(f) is entitled to recover from the political subdivision the |
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taxpayer's reasonable attorney's fees and costs incurred in |
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bringing the action. |
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SECTION 2. Section 556.0056, Government Code, as |
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redesignated and amended by this Act, applies only to an |
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expenditure or payment of public funds by a political subdivision |
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that is made on or after September 1, 2015. An expenditure or |
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payment of public funds by a political subdivision that is made |
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before September 1, 2015, is governed by the law in effect on the |
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date the expenditure or payment is made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |