Schatzline Bill Bars Taxpayer-Funded Lobbying By Cities And Counties

The text as introduced · 1,024 words

89R13955 CJD-D

By: Schatzline
H.B. No. 3615

A BILL TO BE ENTITLED

AN ACT

relating to the use by certain public entities 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

CERTAIN PUBLIC ENTITIES FOR LOBBYING ACTIVITIES. (a) This section

applies only to the following public entities:

(1) a political subdivision that imposes a tax;

(2) a political subdivision or special district that

is authorized to issue bonds, including revenue bonds;

(3) a regional mobility authority;

(4) a transit authority;

(5) a regional tollway authority;

(6) a special purpose district, including a municipal

utility district and a municipal management district;

(7) a public institution of higher education;

(8) a community college district;

(9) a publicly owned utility; and

(10) a river authority or water supply corporation.

(b) A public entity may not spend public funds:

(1) to hire or contract with 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 public entities; and

(B) hires or contracts with an individual

required to register as a lobbyist under Chapter 305.

(c) Subsection (b) does not prohibit:

(1) an officer or employee of a public entity from

providing information for a member of the legislature or appearing

before a legislative committee;

(2) an elected officer of a public entity 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 public entity;

(3) an employee of a public entity 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;

(4) a public entity from reimbursing an officer or

full-time employee of the public entity for direct travel expenses

incurred by the officer or employee for engaging in an activity

described by Subdivision (1), (2), or (3); or

(5) a full-time employee of a nonprofit state

association or organization that primarily represents public

entities from:

(A) providing legislative services related to

bill tracking, bill analysis, and legislative alerts;

(B) communicating directly with a member of the

legislature to provide information if the communication would not

require a person to register as a lobbyist under Chapter 305; or

(C) testifying for or against legislation before

the legislature.

(d) If a public entity engages in an activity prohibited by

Subsection (b), a taxpayer or resident of the public entity, or a

person receiving services from the entity, is entitled to

appropriate injunctive relief to prevent further activity

prohibited by that subsection and further payment of public funds

related to that activity.

(e) A taxpayer, resident, or other person who prevails in an

action under Subsection (d) is entitled to recover from the public

entity reasonable attorney's fees and costs incurred in bringing

the action.

(f) A public entity that violates this section may not

receive state funds until the second anniversary of the date the

violation occurred.

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 public entity that is made on or after the effective date of

this Act, including an expenditure or payment of public funds by a

public entity 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.