Troxclair Bill Bars Cities From Hiring Lobbyists With Public Money

The text as introduced · 997 words

89R620 CJD-F

By: Troxclair
H.B. No. 1189

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.