Bill Text: TX HB281 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the use by a political subdivision of public money for lobbying activities.
Spectrum: Partisan Bill (Republican 40-2)
Status: (Introduced - Dead) 2019-04-11 - Considered in Calendars [HB281 Detail]
Download: Texas-2019-HB281-Comm_Sub.html
86R19443 ATP-F | |||
By: Middleton | H.B. No. 281 | ||
Substitute the following for H.B. No. 281: | |||
By: Harless | C.S.H.B. No. 281 |
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relating to the use by a political subdivision of public money for | ||
lobbying activities. | ||
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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provided by Subsection (b), this section applies to the following | ||
political subdivisions: | ||
(1) a political subdivision that imposes a tax; or | ||
(2) a regional mobility authority, toll road | ||
authority, or transit authority. | ||
(b) This section does not apply to a navigation district | ||
created under Section 52, Article III, or Section 59, Article XVI, | ||
Texas Constitution. | ||
(c) 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. | ||
(d) 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. | ||
(e) Subsection (d)(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. | ||
(f) If a political subdivision engages in an activity | ||
prohibited by Subsection (c) or if [ |
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organization supported wholly or partly by payments of public money | ||
[ |
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described by Subsection (d)(4) [ |
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resident of the [ |
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prohibited activity or that pays fees or dues to the association or | ||
organization is entitled to appropriate injunctive relief to | ||
prevent any further activity prohibited by Subsection (c) or | ||
described by Subsection (d)(4) [ |
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payments of fees or dues. | ||
(g) A taxpayer or resident who prevails in an action under | ||
Subsection (f) 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. The changes in law made by this Act to Section | ||
556.0056, Government Code, as redesignated and amended by this Act, | ||
apply only to an expenditure or payment of public money by a | ||
political subdivision that is made on or after September 1, 2019, | ||
including an expenditure or payment of public money 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 redesignated and amended by this Act, is void on | ||
the effective date of this Act for being counter to public policy. | ||
SECTION 3. This Act takes effect September 1, 2019. |