By: Middleton	S.B. No. 12

Statutes affected:
Introduced: Local Government Code 89.002 (Local Government Code 89)

	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.
	(d)  This section does not apply to a municipality or county
	using 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.
	(e)  This section does not prohibit a full-time employee of a
	nonprofit state association or organization that primarily
	represents political subdivisions of this state from:
	(1)  providing legislative services, including
	services related to bill tracking, bill analysis, and legislative
	alerts;
	(2)  communicating directly with a member of the
	legislature to provide information; or
	(3)  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