As the 87th Texas legislative session resumes after a two week adjournment, efforts to ban taxpayer-funded (TPF) lobbying are back in the spotlight. Considered priority legislation by the Republican Party of Texas, bills were once again filed by State. Rep. Mayes Middleton (R—Wallisville) in the House, and State Sen. Bob Hall (R—Edgewood) in the Senate.
During the 2019 legislative session the TPF lobbying bill passed the Senate, but failed in the House. Much like in 2019, Senate Bill (SB) 234 is presumed to have an easy path ahead of it this session, while House Bill (HB) 749 faces a difficult road.
The fate of this legislation will impact the ability of taxpayer-funded entities to hire lobbyists to represent their interests in Austin. Organizations that receive all or almost all of their funding from taxing authorities — think school districts, city councils, and those who contract exclusively or almost exclusively with the government — are considered to be taxpayer-funded. As expected, there are strong opinions on both sides of the issue again this session.
The first hurdle for the closely-watched HB 749 is to make it out of committee.
Is the House Floor Already Out of Reach?
Every House bill is assigned to a committee, where it is ostensibly debated and voted on. If HB 749 successfully passes through its committee, it can be presented for a vote in the House. If the committee chooses to take no action, however, the bill is not sent on to Calendars and it never makes it back to the House floor. (More on how bills become Texas laws here.) This gives committees significant power to let some legislation die quietly, allowing lawmakers to avoid going on record with a vote on controversial issues. The committee chairs are particularly powerful, determining when the committee meets and if a bill is presented for discussion.
When Republican State Rep. Dade Phelan (R—Beaumont) was elected as Speaker of the House in January, many supporters of HB 749 appeared initially optimistic. Dade Phelan was a sponsor of the TPF lobbying ban legislation last session, voting for the legislation and voting against the amendment that would have exempted a majority of the counties in Texas from the regulations in the bill. But with Phelan’s recent appointments to the State Affairs committee — where the bill will almost certainly be assigned — it appears unlikely that HB 749 will even make it to the House floor. Only six of the 13 committee members voted in favor of the ban on taxpayer-funded lobbying in 2019.
Meet the Committee on State Affairs
Here’s a brief introduction to the House Committee on State Affairs members, and their history with TPF lobbying legislation:
Rep. Chris Paddie (R—Marshall)
As the Chair of the State Affairs Committee, Paddie holds great power over the schedule, determining which bills get a hearing in the committee. Paddie represents HD 9 and was first elected in 2012. He voted against the TPF lobbying ban in 2019. He also voted for an amendment that would have exempted a majority of Texas counties from the regulations in the bill.
Rep. Ana Hernandez (D—Houston)
Hernandez was appointed as the Vice Chair of the State Affairs Committee by Phelan. She represents HD 143 in Houston and was first elected in a special election in 2005. Hernandez voted against the TPF lobbying legislation in 2019. She also voted for the amendment that would have exempted a majority of the counties in Texas from the regulations in the bill. Hernandez is also assigned to Licensing and Administrative Procedures as well as the Committee on Calendars, which schedules legislation for votes on the House Floor.
Rep. Joe Deshotel (D—Beaumont)
Deshotel represents HD 22 in southeast Texas and was first elected in 1998. Deshotel voted against the legislation in 2019. He also voted for the amendment that would have exempted a majority of the counties in Texas from the regulations in the TPF lobbying bill. Deshotel is also the Chair of the Committee on Land and Resource Management.
Rep. Sam Harless (R—Spring)
Harless represents HD 126 in Houston and was first elected in 2018. Harless voted for the proposed ban on TPF lobbying in 2019. He is also on the Committee on Homeland Security and Public Safety.
Rep. Donna Howard (D—Austin)
Howard represents HD 48 in Austin and was first elected in 2006. Howard voted against the TPF lobbying legislation in 2019. She also voted for the amendment that would have exempted a majority of the counties in Texas from the regulations in the bill. She is also on the House Committee on Appropriations.
Rep. Todd Hunter (R—Corpus Christi)
Hunter represents HD 32 on the Texas coast and was first elected in 1988. Hunter voted against the legislation in 2019. He is also the Chair of the powerful Committee on Redistricting, and was assigned to International Relations and Economic Development.
Rep. Phil King (R—Weatherford)
King represents HD 61, west of Fort Worth and was first elected in 1998. King was a co-sponsor of the TPF lobbying legislation and ultimately voted for it in 2019, but he also voted for the amendment that would have exempted a majority of the counties in Texas from the regulations in the bill. He is also a member of the House Committee on Higher Education.
Rep. Eddie Lucio III (D—Brownsville)
Lucio represents HD 38 on Texas’ southern border and was first elected in 2006. Lucio voted against the legislation in 2019. He is also a member of the House Committee on Natural Resources.
Rep. Will Metcalf (R—Montgomery)
Metcalf represents HD 16, north of Houston and was first elected in 2014. Metcalf was a sponsor of the TPF lobbying legislation and voted for it in 2019. He also signed Texas Public Policy Foundation’s “Pledge to End Tax-Dollars Funding Lobbyists” as a candidate in the 2020 election. He is the Chair of the Committee on House Administration and a member of International Relations and Economic Development.
Rep. Richard Peña Raymond (D—Laredo)
Raymond represents HD 42 on the Texas border and was first elected in 1992. Raymond was a co-sponsor of the TPF lobbying legislation and ultimately voted for it in 2019, but he also voted for the amendment that would have exempted a majority of the counties in Texas from the regulations in the bill. He is also the Chair of the Committee on Defense and Veterans’ Affairs.
Rep. Matt Shaheen (R—Plano)
Shaheen represents HD 66 north of Dallas and was first elected in 2014. Shaheen was a co-sponsor of the legislation and voted for it in 2019. He also signed Texas Public Policy Foundation’s “Pledge to End Tax-Dollars Funding Lobbyists” as a candidate in the 2020 election. He is also a member of the Committee on Human Services.
Rep. Shelby Slawson (R—Stephenville)
Slawson represents HD 59 southwest of Fort Worth and was first elected in 2020. As a freshman this session, Slawson does not have a vote on record; however, she did sign Texas Public Policy Foundation’s “Pledge to End Tax-Dollars Funding Lobbyists” as a candidate in the 2020 election. She is also a member of the Committees on Pensions, Investments, and Financial Services and on Calendars.
Rep. John T. Smithee (R—Amarillo)
Smithee represents HD 86 in the Texas Panhandle and was first elected in 1985. Smithee voted against the legislation in 2019. He also voted for the amendment that would have exempted a majority of the counties in Texas from the regulations in the bill. He is also a member of the Committee on Transportation.
What’s Next for the TPF Lobbying Bill?
With the Texas House back in session, bills will begin to be referred to committees. If past voting record is any indication, it’s likely that HB 749 will end up buried in the State Affairs Committee. If it does pass, there’s still a long road ahead. The bill would move on to the Calendars committee, the gatekeeper that determines if and when bills are presented on the House floor. It’s worth noting that House Rep. Hernandez, the State Affairs Vice Chair who has previously voted against the ban, is also a member of the Committee on Calendars.
Whatever happens next, Transparency USA will keep you informed about the money in Texas lobbying. For a more detailed explanation of how we classify lobbying, as well as the arguments for and against the practice of taxpayer-funded lobbying, start here.
Want more? You can search any lobbying client on record with the Texas Ethics Commission, including their classification as taxpayer-funded or private entities.