Bill Text: TX HB3219 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use by a school district of public money for lobbying activities or lobbyists.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-09 - Left pending in committee [HB3219 Detail]
Download: Texas-2015-HB3219-Introduced.html
84R1067 ATP-D | ||
By: Shaheen | H.B. No. 3219 |
|
||
|
||
relating to the use by a school district of public money for | ||
lobbying activities or lobbyists. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Section 11.172 to read as follows: | ||
Sec. 11.172. LOBBYING ACTIVITIES; ASSOCIATIONS. (a) The | ||
board of trustees of a school district 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) a member of the board or an employee of the | ||
district 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; or | ||
(2) a member of the board from advocating for or | ||
against or otherwise influencing or attempting to influence the | ||
outcome of legislation pending before the legislature while acting | ||
as a member of the board. | ||
(b) The board of trustees of a school district may spend, in | ||
the name of the district, public money for membership fees and dues | ||
of a nonprofit state association of school districts if: | ||
(1) a majority of the board votes to approve | ||
membership in the association; | ||
(2) the association exists for the betterment of | ||
school district government and the benefit of all local school | ||
district officials; | ||
(3) the association is not affiliated with a labor | ||
organization; | ||
(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; 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. | ||
(c) Subsection (b)(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. | ||
(d) A school district may not employ in any capacity a | ||
person required to register as a lobbyist under Chapter 305. | ||
(e) If a school district or member of the board of trustees | ||
of a school district engages in an activity prohibited by | ||
Subsection (a) or (d) or if any association supported wholly or | ||
partly by payments of tax receipts from school districts engages in | ||
an activity described by Subsection (b)(4) or (5), a taxpayer of the | ||
school district that violates Subsection (a) or (d) or that pays | ||
fees or dues to the association is entitled to appropriate | ||
injunctive relief to prevent any further activity prohibited by | ||
Subsection (a) or (d) or described by Subsection (b)(4) or (5) or | ||
any further payments of fees or dues. | ||
(f) A taxpayer who prevails in an action under Subsection | ||
(e) is entitled to recover from the school district the taxpayer's | ||
reasonable attorney's fees and costs incurred in bringing the | ||
action. | ||
SECTION 2. Section 11.172, Education Code, as added by this | ||
Act, applies only to an expenditure or payment of public funds by a | ||
school district that is made on or after September 1, 2015. An | ||
expenditure or payment of public funds by a school district that is | ||
made before September 1, 2015, is governed by the law in effect on | ||
the date the expenditure or payment is made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |