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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 school district 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. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.172 to read as follows: |
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Sec. 11.172. LOBBYING ACTIVITIES; ASSOCIATIONS. (a) The |
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board of trustees of a school district may not spend public money to |
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directly or indirectly influence or attempt to influence the |
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outcome of any legislation pending before the legislature. This |
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subsection does not prevent: |
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(1) a member of the board or an employee of the |
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district from providing information for a member of the legislature |
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or 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) a member of the board from advocating for or |
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against or otherwise influencing or attempting to influence the |
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outcome of legislation pending before the legislature while acting |
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as a member of the board. |
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(b) The board of trustees of a school district may spend, in |
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the name of the district, public money for membership fees and dues |
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of a nonprofit state association of school districts if: |
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(1) a majority of the board votes to approve |
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membership in the association; |
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(2) the association exists for the betterment of |
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school district government and the benefit of all local school |
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district officials; |
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(3) the association is not affiliated with a labor |
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organization; |
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(4) neither the association nor an employee of the |
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association directly or indirectly influences or attempts to |
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influence the outcome of any legislation pending before the |
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legislature; and |
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(5) neither the association nor an employee of the |
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association directly or indirectly contributes any money, |
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services, or other valuable thing to a political campaign or |
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endorses a candidate or group of candidates for public office. |
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(c) Subsection (b)(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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(d) A school district 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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(e) If a school district or member of the board of trustees |
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of a school district engages in an activity prohibited by |
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Subsection (a) or (d) or if any association supported wholly or |
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partly by payments of tax receipts from school districts engages in |
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an activity described by Subsection (b)(4) or (5), a taxpayer of the |
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school district that violates Subsection (a) or (d) or that pays |
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fees or dues to the association is entitled to appropriate |
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injunctive relief to prevent any further activity prohibited by |
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Subsection (a) or (d) or described by Subsection (b)(4) or (5) or |
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any further payments of fees or dues. |
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(f) A taxpayer who prevails in an action under Subsection |
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(e) is entitled to recover from the school district the taxpayer's |
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reasonable attorney's fees and costs incurred in bringing the |
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action. |
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SECTION 2. Section 11.172, Education Code, as added by this |
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Act, applies only to an expenditure or payment of public funds by a |
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school district that is made on or after September 1, 2015. An |
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expenditure or payment of public funds by a school district that is |
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made before September 1, 2015, is governed by the law in effect on |
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the 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. |