89R12997 CJD-F     By: Patterson H.B. No. 4860       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)  Subsection (a) does not prohibit:                (1)  an officer or employee of a political subdivision   from providing information for a member of the legislature or   appearing before a legislative 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;                (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;                (4)  a political subdivision from reimbursing an   officer or full-time employee of the political subdivision 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 political   subdivisions of this state 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.          (c)  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.          (d)  A taxpayer or resident who prevails in an action under   Subsection (c) 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 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 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 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.