HB571 - Relating to the use by a political subdivision of public funds for lobbying and certain other activities.

  89R1177 CJD-F     By: Cain H.B. No. 571       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)   Except as   otherwise provided by this section, 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)     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.           (c)     A taxpayer or resident who prevails in an action under   Subsection (b) 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.           (d)  This section does not prohibit:                 (1)     a county or municipality from spending public   funds to compensate or contract with an individual required to   register as a lobbyist under Chapter 305 for the purpose of   influencing or attempting to influence the outcome of legislation   related to the military, military service members, or military   veterans; or                 (2)     a full-time employee of a nonprofit state   association or organization that primarily represents political   subdivisions of this state from:                       (A)     providing legislative services, including   services related to bill tracking, bill analysis, and legislative   alerts;                       (B)     communicating directly with a member of the   legislature to provide information; or                       (C)     testifying for or against legislation before   a legislative committee.          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 September 1, 2025.