HB1294 - Relating to the use by a political subdivision of public funds for lobbying and certain other activities.

  89R620 CJD-F     By: Patterson H.B. No. 1294       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)   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.          SECTION 2.  Section 81.026, Local Government Code, is   amended to read as follows:          Sec. 81.026.  COMMISSIONERS COURT MEMBERSHIP ON   ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or county   commissioner may serve on the governing body of or any committee   serving an association of counties created or operating pursuant to   the provisions of Section 89.002 , including a nonprofit state   association or organization, except that the county judge or county   commissioner may not spend public funds to serve on the governing   body or committee or to join or otherwise become a member of the   association of counties in violation of Section 556.0056,   Government Code . A county judge or county commissioner may serve as   a member of any board of trustees or board of directors or other   governing body of any trust or other entity created pursuant to   interlocal contract for the purpose of forming or administering any   governmental pool, self-insurance pool, insurance pool, or any   other fund or joint endeavor created for the benefit of member   counties and political subdivisions. In addition, a county judge   or county commissioner may serve as a member of the board of   directors of any nonprofit corporation that is created and exists   solely for the purpose of providing administrative or other   services to such trust or other entity. A county judge or county   commissioner, acting as a member of any such board or committee, may   perform any act necessary or appropriate for the rendition of such   service, including the casting of votes and deliberations   concerning and execution of contracts or claims with or against any   county. A county judge or commissioner may participate in   deliberations concerning and cast any vote on any matter before the   commissioners court affecting the execution of any contract with or   the payment of claims, premiums, dues, or contributions to any such   trust, association, nonprofit corporation, or entity or any related   matter.          SECTION 3.  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 4.  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 5.  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 6.  This Act takes effect September 1, 2025.