89S20212 CJD-F     By: Money H.B. No. 185       A BILL TO BE ENTITLED   AN ACT   relating to the use by a political subdivision of public funds for   lobbying 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 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.          SECTION 2.  Section 81.026, Local Government Code, is   amended to read as follows:          Sec. 81.026.  COMMISSIONERS COURT MEMBERSHIP ON   ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A  county judge or   county commissioner may serve on the governing body of or any   committee serving an association of counties, including a nonprofit   association or organization, except that the county judge or county   commissioner may not spend public funds to serve on the governing   body or committee or to join or otherwise become a member of the   association of counties in violation of Section 556.0056,   Government Code [created or operating pursuant to the provisions of   Section 89.002]. A county judge or county commissioner may serve as   a member of any board of trustees or board of directors or other   governing body of any trust or other entity created pursuant to   interlocal contract for the purpose of forming or administering any   governmental pool, self-insurance pool, insurance pool, or any   other fund or joint endeavor created for the benefit of member   counties and political subdivisions. In addition, a county judge   or county commissioner may serve as a member of the board of   directors of any nonprofit corporation that is created and exists   solely for the purpose of providing administrative or other   services to such trust or other entity. A county judge or county   commissioner, acting as a member of any such board or committee, may   perform any act necessary or appropriate for the rendition of such   service, including the casting of votes and deliberations   concerning and execution of contracts or claims with or against any   county. A county judge or commissioner may participate in   deliberations concerning and cast any vote on any matter before the   commissioners court affecting the execution of any contract with or   the payment of claims, premiums, dues, or contributions to any such   trust, association, nonprofit corporation, or entity or any related   matter.          SECTION 3.  Section 89.002, Local Government Code, is   repealed.          SECTION 4.  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 5.  This Act takes effect on the 91st day after the   last day of the legislative session.