Republicans in the state legislature will try once more to prevent local governments from using public funding for lobbying. The Senate is almost certain to approve a ban, but the House may not be so sure.
Mayes Middleton, a Republican senator from Galveston, has made repeated attempts to prevent municipal governments from employing lobbyists with public funds. His most recent version, Senate Bill 239, was filed. Similar or identical measures have been introduced by five Republican members of the House.
“Over $70 million a year is spent on this right now, and it’s always the first bill I file every single session because of that,” said Middleton. “It s an unethical practice, and It s a waste of your local property tax dollars.”
According to Middleton, local governments far too frequently use tax dollars to advocate against the preferences and interests of their constituents.
“Taxpayer-funded lobbyists, they lobby against property tax relief and reform,” he stated. “They advocate against the integrity of elections. They have opposed border security through lobbying. They also pushed to allow boys to use the showers, locker rooms, and facilities reserved for female.
In fact, to protect their cash sources, counties and cities have often pressured lawmakers against property tax cuts, according to political scientist Mark Jones of Rice University’s Baker Institute. However, he also pointed out that lobbyists frequently advocate for topics that are widely supported by Texans.
“We found that an overwhelming majority of Texans favor increasing teacher pay, and that’s one thing that the school districts are lobbying for,” Jones stated.
In fact, Texans are deeply divided along partisan lines on the majority of the subjects Middleton listed, with the exception of property tax reform: election law, immigration and border security, and LGBTQ rights. Democratic leaders who represent the state’s largest cities and counties often disagree with Republican state officials on these topics as well.
Republican state leaders have passed a number of legislation limiting the authority of local governments throughout the past few legislative sessions. The most prominent is House Bill 2127, commonly referred to as the “Death Star” law, which permits private organizations to bring legal action against Texas counties and towns for municipal ordinances in any of eight major areas without first receiving state Legislature permission.
Middleton said there was no resemblance when asked if he would be in favor of a similar prohibition on corporate lobbying to shield consumers and shareholders from having their money used for lobbying against their will.
“Here’s the problem with taxpayer-funded lobbying,” Middleton stated. “Do you dislike Bud Light’s actions? Avoid purchasing Bud Light. To avoid paying Target’s lobbyists, avoid shopping there if you disagree with what the company is doing. However, what happens if you stop paying your property taxes because you disagree with the issues your local government is advocating for? They foreclose on your house or place of business.
Middleton accurately pointed out that a resounding majority of respondents (69%) favored a ban on the use of public monies for lobbying local governments in 2021, the last time the University of Houston’s Hobby School of Public Affairs conducted a survey on the subject. However, the study’s co-author, Mark Jones, said that it only included Texans with a viewpoint on the matter. Five percent of Texans surveyed were undecided.
Middleton expressed optimism about SB 239’s prospects in the upcoming session. In 2019, 2021, and 2023, he pointed out, the Senate established a prohibition on lobbying. The measure then failed in the House each time.
“Now there are many new state representatives that support the ban on taxpayer-funded lobbying,” stated Middleton. “The chances are better than ever, and I m confident that we ll be able to get this done next session.”
According to Jones, SB 239 should easily pass the Senate. However, he stated that the next speaker of the Texas House will have a significant impact on what transpires.Both state representatives Dustin Burrows (R-Lubbock) and David Cook (R-Mansfield) assert that they have the necessary number of votes. Burrows is supported by a combination of moderate Republicans and Democrats, including outgoing Speaker Dade Phelan, while Cook has the support of the majority of the House Republican Caucus. At the beginning of the regular session in January, members of the House will make their decision.
“If Dustin Burrows is elected speaker, with the support of the Austin lobby(ists) and Democrats, along with a small group of Republicans, then a ban on taxpayer-funded lobbying is probably dead on arrival,” Jones stated. “If you have a speaker who depends heavily on Republican conservative votes to retain remain in power, it’s likely to pass.”
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