Senate Bill 19, authored by Sen. Mayes Middleton, R-Galveston, would ban the use of taxpayer funds for hiring lobbyists by any political subdivision in the state.
What we know
Middleton said his concerns against taxpayer-funded lobbying included a lack of transparency with taxpayers regarding legislative initiatives.
“This bill does not affect Chambers of Commerce, parent teacher associations, fire associations, police associations [and] law enforcement associations. This bill does not stop individuals from making that choice to join those associations. But in this case, taxpayers do not have a choice to pay for the lobbyists they're likely to disagree with,” Middleton said during a Senate committee hearing on Feb. 27.
The bill has raised a number of concerns from cities and special purpose districts like El Paso County, The Woodlands Township and Karnes City ISD as it moves closer to passage.
“I'm one of very few commissioners who has that experience working at the legislature, and I still depend heavily on our contracted legislative experts and associations like the Texas Conference of Urban Counties to understand the process which is ever changing,” David Stout, El Paso Precinct 2 Commissioner said. “To keep tabs on what is happening here, and to interface with you all to help you understand our needs when I or my colleagues cannot.”
The version of the bill passed by the Senate includes an amendment by Sen. Robert Nichols, R-Jacksonville, which would allow for full time employees of political subdivisions to be paid for the purpose of advocating to the legislature. Middleton opposed the amendment, citing it allowed for a loophole in the bill for political subdivisions to continue hiring lobbyists.
The impact
If approved, the law would not go into effect until Sep. 1, meaning most lobbying contracts for the regular 89th Legislative Session would not be impacted. According to data from the Texas Ethics Commission, there are roughly 1,800 registered lobbyists serving in an average session of the Legislature.
“The [Woodlands] Township continues to monitor and review it closely to understand its potential impact and will determine next steps should it become law,” Todd Stephens, The Woodlands Township Intergovernmental Affairs Director said.
In Austin, where a number of lobbyists are headquartered to provide services, city officials said they are monitoring the bill’s progress and “will comply with whatever is passed.”
In more rural areas, the concern lies with the ability of some counties being able to send representatives to Austin on a regular basis.
“The taxpayer dollars that are going from the county judge and Commissioners Association are to help us navigate through the waters; because I can't be here every day of it, nor can any of the other commissioners or my county judge,” Rick Bailey, Johnson County Precinct 1 Commissioner said on the Feb. 27 hearing on SB 19. “It's imperative that we have a voice here.”
Next steps
SB 19 was received by the House on March 20, and has been assigned to the House Committee on State Affairs for further review and possible modification as of March 25. An identical companion bill was filed by State Rep. Mike Olcott on Feb. 24 and was referred to the House Committee on State Affairs on March 20.
As of press time, the House has not yet discussed the bill in committee.
