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The Weaponization of Taxpayer Funded Lobbying

Published in Blog on May 13, 2021 by Terri Swisher

Fellow Texans:

It is the 87th Texas Legislative Session.  As many bills are being argued before our state legislators, one particular Bill, SB10, is especially iconic.  It is iconic because it shines light on the ever-enduring battle between the people and its government: Who Holds the Gavel. 

Some people would argue the government holds the gavel, while others of a more traditional and patriotic fabric would argue—the people hold the gavel.  But since Texas is a Constitutional Republic and was created by the people for the people, and not vice versa, the people have natural and constitutional rights to govern themselves and influence the laws that are created on their behalf; laws that are meant to be created for them, to specifically benefit them.  But somehow, we keep finding this basic tenet flipped upside down.

For instance, as it is, Texas government agencies currently use taxpayers’ dollars, millions even, to hire lobbyists to lobby on their own behalf to Texas Legislatures, to influence the passage of laws, including tax laws, in their favor, at the expense of the people paying those taxes.

Yes, you heard correctly.

Texas government agencies use the taxpayers’ hard-earned money, to pay lobbyists millions of dollars to compel the Texas Legislature to pass laws that give their government agencies even more of Texan taxpayers’ money. Did I mention this is all funded by the taxpayer’s unlimited sweaty dime?

Some would ask themselves, isn’t that a type of ethics violation, or an abuse of power, or just plain anti-Texan? Well, you would think. But many well-known Texas government agencies do it, on the taxpayers’ dime, and no one stops them, because apparently, there is no specific law forbidding that particular shady activity.

However, we do have a law, Section 556.005, that RESTRICTS EMPLOYMENT OF LOBBYISTS by state agencies, forbidding them from using appropriated money to employ, as a FT, PT or contract employee, a person who is required by Chapter 305 to register as a lobbyist.

And we do have a law, Section 556.0055, that RESTRICTS LOBBYING EXPENDITURES by forbidding a political subdivision or private entity that receives state funds from using those funds to pay for their own lobbying expenses or to pay other lobbyists to lobby for them.

We even have a law, Section 556.006, that RESTRICTS LEGISLATIVE LOBBYING by forbidding state agencies from using appropriated money to attempt to influence the passage or defeat of a legislative measure.

(I can only imagine the circumstances that triggered the creation of those laws.)

But fellow Texans, we now find ourselves once again, having to delineate ethics into law so the integrity of our government, our state and our heritage may be maintained. Enter Senate Bill 10.

Senate Bill 10 (87R) is being requested this legislative session as an amendment to Section 1 Chapter 556 of the Government Code (above laws), to be delineated as Section 556.0056. This SB 10 calls for RESTRICTIONS ON LOBBYING ACTIVITIES BY COUNTIES AND MUNICIPALITIES. It states that a governing body of a county or municipality "may not spend public money [tax dollars] or provide compensation in any manner to directly or indirectly influence or attempt to influence the outcome of any legislation pending before the legislature…”.

Some types of activities that could have spurred the creation of SB10 (87R) above include:

81R HB 9. This bill calls for the automatic increase over time for gas tax. It was pushed by Denton County Transportation Authority and their taxpayer funded lobbyist, Scott Rider; Texas Municipal League and their lobbyist, Shannon Igo; and many other city contract lobbyists.

86R HB 3258. This bill calls for increase in sales tax to pay for mass transit, pushed by Texas Municipal League and their taxpayer funded lobbyist, JJ Rocha.

Our private property rights are under siege as well by government agencies using taxpayer funded lobbyists. 81R HB4  calls for eminent domain reform, increasing landowner rights and making it harder for government to take your property. It was attacked by the City of El Paso via their taxpayer funded contract lobbyist, Patricia Shipton.

Even bills calling for greater government transparency are being assaulted by taxpayer funded lobbyists at the behest of some of our own government agencies. 83R HB 960 regarding bond transparency, calling for the total debt of counties to be printed on the ballots, was attacked by Harris County and their taxpayer funded lobbyist, Jason Smith.

Then there is 85R SB 3. A bill that strikes a cord with millions of Texans. It is a school choice bill calling for parental choice in their child’s education, where a portion of state money would follow the child. It was attacked by Texas Rural Association and their taxpayer funded lobbyist, Nicholas Colby; Arlington School Board and their contract lobbyist, David Anderson; and many other lobbyists for school districts.

Without the passage of SB 10, the potential for abuse and overt perversion of our system of government is not only foreseeable, it is at hand. We are staring its palm in our faces. The weaponization of our current taxpayer-funded lobbying system, where it is used as an instrument of oppression, control, and even punishment, is but a whisper away.

To allow Texas agencies to continue to use our (unlimited) hard-earned tax dollars to fund their lavish lobbying firms against us, the people, is antithetical to our Constitution, our Republic, and our Heritage.

We are Texans. We are Texas. We are not a socialist state. And we are not for sale.  Please support SB 10 this 87th Legislative Session, for the People, of Texas.

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