Saturday, December 14, 2024

Commissioners court takes stand on taxpayer-funded lobbying

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In a 3:2 vote Oct. 22, the Hood County Commissioners Court passed a resolution urging the Texas Legislature to ban all forms of taxpayer-funded lobbying.

Taxpayer-funded lobbying is defined as the practice of using funds that come directly or indirectly from taxpayers for political lobbying purposes.

Precinct 4 Commissioner Dave Eagle — who placed the item on the budget — noted that as of Nov. 11, proposed legislation can be submitted for the upcoming 89th Legislature, which is set to begin in January 2025.

Eagle emphasized that during the Republican Party of Texas State Convention last May, a key legislative priority was established — to ban all forms of taxpayer-funded lobbying. He stated that this includes prohibiting the use of tax dollars for hiring lobbyists or funding lobbying associations.

During the 88th Legislative Session, Senate Bill 175 was filed by Sens. Mayes Middleton, Paul Bettencourt and Bob Hall, which aims to speak directly to restricting political subdivisions from spending public funds to engage in various lobbying activities. The bill successfully passed in the Texas Senate by a vote of 19 to 12, according to the court’s resolution.

Eagle explained that although SB 175 passed in the last session, it ultimately did not advance in the House, due to a “political difference between the Senate, House and the Texas Legislature.”

“Senate Bill 175 passed last session, passed by a majority, but it went and died a natural death in the House," he said. “This resolution is going to come back. This legislation is going to be revisited and I’m in support thereof, because I agree with the concept. I put this on the agenda for a vote of the commissioners court."

The resolution states that taxpayer-funded lobbying in Texas has grown out of control and that millions of dollars of taxpayer money are being spent in Austin to sometimes advocate against the best interest of the taxpayers.

The resolution also acknowledges that local government organizations, like the Texas Association of Counties, offer valuable services, such as health and legal support, to local governments. However, it raises concerns that these organizations have expanded their role to include significant lobbying efforts — often funded by taxpayer dollars and membership dues. As this lobbying can conflict with the interests of individual counties and the legislative priorities set by the Hood County Commissioners Court, the resolution calls for legislative action to restrict these lobbying activities.

During the public comment portion of the meeting, resident Harold Granek expressed concern that the proposed legislation might hinder beneficial initiatives for the community.

Granek said he believes that while taxpayer-funded lobbying should be scrutinized, the influence of wealthy individuals in lobbying can overshadow public interests, particularly in politics. He cited an example involving SpaceX, where lobbying led to public beaches being closed, because the “person who heads Space X has managed to use lobbying to get his advantage.”

“I think this just needs to be looked at much more carefully,” Granek added.

Hood County Judge Ron Massingill also emphasized the critical role of the Texas Association of Counties and its legal advisor, Jim Allison, in providing valuable support to Hood County. He also noted that all members of the commissioners court have relied on TAC for guidance on various issues, advocating that TAC is an invaluable service to Hood County.

“Using the term ‘taxpayer-funding lobbying,’ this sounds good, but it would bar local officials from expending funds to contact the legislator or support nonprofit associations that communicate on their behalf, like the county judges and Commissioners Association of Texas,” Massingill said. “This misguided proposal would silence the voice of local officials while increasing the influence of special interest groups. That's what the real problem is up here.

“If this could say, ‘except for Texas Association of Counties,’ I'd probably be all over this, because that is one thing that this county needs, and all rural counties really need is to keep the Texas Association of Counties and Jim Allison (because they’re) fighting on behalf of what is in the best interest of all counties."

Precinct 1 Commissioner Kevin Andrews acknowledged the valuable services provided by TAC, such as research and advice. However, he emphasized that these benefits do not justify activities like lobbying.

“Some of the stances that TAC takes, I very much think are against the taxpayers individually, and the taxpayers have a voice,” Andrews said. “People have a voice ... What we have with taxpayer-funded lobbying is a dominance by the cities, Houston, Austin and San Antonio, and those groups that are spending huge money lobbying the legislators to get specific things passed that harm the counties. This is the kind of thing that I'm opposed to, and I'm absolutely in favor of this resolution.”

Precinct 2 Commissioner Nannette Samuelson explained that she previously spoke in favor of banning taxpayer-funded lobbying, as she came up to the podium at a prior commissioners court and opposed a resolution from her predecessor.

“I am also in favor of banning taxpayer-funded lobbying for the same reasons that Commissioner Andrews has mentioned,” Samuelson said. “Since being in this chair, I have seen communication from lobbyists that we are supporting with your tax dollars, supporting people in positions that are pro-taxation, pro-big government, and anti-free market and anti-citizen, and I get those emails and I'm like, ‘We're paying for this,’ and I am not in favor of this position or this person, and yet we are sending your tax money to support that organization.”

Samuelson stated that she has used TAC frequently as a resource to interpret the law or to give advice, but she said she advocates for letting her constituents have a voice.

"I'm supporting you,” she said. “You asked me to get in touch with the legislature, which I'm doing, as you know, on our situation out in Mitchell Bend. I'm talking to not just (Rep.) Shelby Slawson and Sen. Brian Birdwell, but other legislators as well, and so I have that voice. I don't pay a lobbying firm that doesn't agree with the way that the citizens that I represent voted me here to do."

Eagle also added that the resolution acknowledges TAC as a valuable resource. He stated that recently, he attended a TAC legislative session and discussed the issue with Jim Allison, highlighting that while he respects Allison's expertise, they disagree on this particular matter.

"Jim Allison is a great attorney, and he's got some great ideas, and he's very, very helpful in many areas, but on this particular point, we just disagree — and that's okay. This is the Republican platform. This is the Republican legislative priority. This was voted on by the Republicans that bothered to go down to the convention and take part in this process. This was a legislative priority, one of eight.”

Eagle then made the motion to approve the resolution, which is in support for legislation that would ban all forms of taxpayer-funded lobbying. Following a second from Andrews, the motion passed 3:2, with Massingill and Precinct 3 Commissioner Jack Wilson voting in opposition.

Copies of the resolution will be transmitted to Sens. Middleton, Bettencourt and Hall, as well as to Reps. Slawson and Ellen Troxclair as well as the Texas Legislature to ensure the practice of taxpayer-funded lobbying be discontinued at the highest levels.