TEC Gives Wake Up Call
on Campaign Cash Use
for Spending as Lobbyist
Capitol Inside
May 13, 2022
An anonymous request for a Texas Ethics Commission ruling has raised the specter that some former state lawmakers could be breaking the law unwittingly by spending donations they received as candidates on political contributions or expenditures as registered lobbyists.
The TEC considered a draft opinion on Thursday that spelled out specific restrictions that the Texas Legislature approved in 2019 on the recycling of political war chests into lobby practices. The tentative advisory says a provision that lawmakers added to the Election Code that year "prohibits lobbying for two years by anyone making political contributions or direct campaign expenditures" from campaign committees or specific purpose PACs.
"This moratorium on lobbying runs from the date of the last contribution," the staff proposal says.
The opinion draft from the nameless soure cites two laws that were inserted into the Government Code in the 2019 regular session - both expressly forbidding the use of campaign funds on political contributions or reportable lobby expenditures by people who are registered to lobby with the state.
The new limitations on the channeling of campaign cash into private lobby practices were attached to a separate bill as an amendment in votes that were taken largely off the radar. The TEC opinion - if adopted in its present form - appears to be designed as a wake up call for elected officials and lobbyists who've been caught off guard with the opinion draft.
But the opinion in its initial draft - if left intact - could have a chilling effect on the common practice of legislators making contributions from their own accounts without restrictions on their ability to lobby immediately after they leave office if they choose.
The Austin lobby has been buzzing with unsubstantiated speculation on Republican Dennis Bonnen's activities as the Texas House speaker until the start of the regular session in 2021. Bonnen hasn't registered to lobby despite reported attempts to line up clients at the Capitol as a self-styled strategist.
According to TEC records, Bonnen hasn't made a contribution from his individual political action committee since 2019. But the new laws appear to apply to leadership accounts as well. It could be a moot point for Bonnen if he has no plans to register as a lobbyist in the foreseeable future.
The TEC draft could throw a wrench into visions that some current lawmakers have of careers in the lobby after politics. A legislator would have to refrain from spending contributions on campaigns for others for an entire two-year term if they hope to sign up as official lobbyists without delay after they step down.
|
