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.