Hall Bill Bars Local Governments From Lobbying With Public Money

The text as introduced · 825 words

89R10095 CJD-F

By: Hall
S.B. No. 1695

A BILL TO BE ENTITLED

AN ACT

relating to the use by a political subdivision of money for lobbying

and certain other activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 89.002, Local Government Code, is

transferred to Chapter 556, Government Code, redesignated as

Section 556.0056, Government Code, and amended to read as follows:

Sec. 556.0056 [ 89.002 ]. LOBBYING ACTIVITIES; ASSOCIATIONS

AND ORGANIZATIONS [ STATE ASSOCIATION OF COUNTIES ]. (a) This

section applies to political subdivision, including a regional

mobility authority, toll road authority, and transit authority.

(b) The governing body of a political subdivision may not

spend public money or provide compensation of any kind to directly

or indirectly influence or attempt to influence the outcome of

legislation pending before the legislature. This subsection does

not prevent:

(1) an officer or employee of a political subdivision

from providing information for a member of the legislature or

appearing before a legislative committee at the request of the

member of the legislature or the committee;

(2) an elected officer of a political subdivision 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 political subdivision; or

(3) an employee of a political subdivision 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.

(c) The governing body of a political subdivision

[ commissioners court ] may not spend [ , in the name of the county, ]

money or provide compensation of any kind to an association or

organization [ from the county's general fund ] for membership fees

and dues or for any other purpose unless [ of a nonprofit state

association of counties if ]:

(1) a majority of the governing body [ court ] votes to

approve membership in the association or organization ;

(2) the association or organization exists for the

betterment of local [ county ] government and the benefit of all

local [ county ] officials;

(3) the association or organization is not affiliated

with a labor organization;

(4) neither the association or organization nor an

employee of the association or organization 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 or organization does not

[ nor an employee of the association ] directly or indirectly

contribute [ contributes ] any money, services, or other valuable

thing to a political campaign or endorse [ endorses ] a candidate or

group of candidates for public office.

(d) Subsection (c)(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 member of the

legislature or the committee.

(e) If a political subdivision engages in an activity

prohibited by Subsection (b) or if [ (b) If ] any association or

organization supported wholly or partly by payments of money [ tax

receipts ] from political subdivisions engages in an activity

described by Subsection (c)(4) [ (a)(4) ] or (5), a taxpayer or

resident of the [ a ] political subdivision that engages in the

prohibited activity or that pays fees or dues to the association or

organization is entitled to appropriate injunctive relief to

prevent any further activity prohibited by Subsection (b) or

described by Subsection (c)(4) [ (a)(4) ] or (5) or any further

payments of fees or dues.

(f) A taxpayer or resident who prevails in an action under

Subsection (e) 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 556.0056, Government Code, as

transferred, redesignated, and amended by this Act, applies only to

an expenditure or payment of money or provision of some other

compensation by a political subdivision that is made on or after

September 1, 2025. An expenditure or payment of money or provision

of some other compensation by a political subdivision that is made

before September 1, 2025, is governed by the law in effect on the

date the expenditure, payment, or provision is made, and the former

law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.