Throughout the last several legislative sessions, certain legislators have continued their efforts to obtain legislation to prohibit local officials and their nonprofit associations from communicating with the Texas Legislature, said CJCAT Senior General Counsel Jim Allison.
“Using the term ‘taxpayer-funded lobbying,’ this legislation would bar local officials from expending funds to contact the legislature or support nonprofit associations that communicate on their behalf, like the County Judges and Commissioners Association of Texas,” Allison explained. “This misguided proposal would silence the voice of local officials while increasing the influence of special-interest groups.”
Rural communities and smaller counties across Texas would be disproportionately harmed by a misguided ban on so-called “taxpayer-funded lobbying,” added CJCAT Legislative Chairman Ben Zeller, Victoria County Judge.
“Such a restriction would undermine the basic principles of democracy, transparency, and open government by effectively excluding local communities from the legislative process while elites and deep-pocketed special interests continue spending millions to influence state policy,” Zeller explained. “With complex and often competing issues such as data center development, water resources, infrastructure, and local control now at the forefront, counties must have access to experienced legislative professionals. These experts help local officials analyze proposed legislation, communicate its real-world consequences, and protect the taxpayers and communities we serve.”
Removing that expertise would not reduce the influence of lobbyists, Zeller underscored.
“Rather, removing that expertise would silence local governments while leaving well-funded private interests free to dominate the conversation even more than they already do,” Zeller stated. “In matters involving data centers and other large-scale developments, denying counties access to qualified professionals could expose local taxpayers to serious legal, financial, environmental, and operational risks.”
County Impact Statement
By Hemphill County Judge Lisa Johnson
Hemphill County is located in the northeast corner of the Texas Panhandle approximately 485 miles from Austin with a population of 3,384. In a county our size, local officials wear many hats. As County Judge, I preside over criminal misdemeanor court, probate cases, guardianships, and juvenile matters. I also serve as the Chief Budget Officer, Emergency Management Director, and the Presiding Officer of Commissioners Court. In addition, I oversee maintenance of property, manage construction projects, and supervise employees.
These responsibilities leave very little free time in my schedule. While I am able to monitor legislation periodically, I am not able to devote the extensive time required – days or even months – to review proposed legislation in depth, analyze its potential impact on our county, or estimate implementation costs. Our association lobbyists and legislative committees perform this critical work, educate us on legislation that may benefit or harm our communities, and provide legislators with essential information about the real-world impacts and costs of their proposed legislation.
Local government officials often have ideas for legislation that would benefit our counties and citizens but lack the expertise to draft such legislation and navigate it through the process of becoming law. This is where the support of our associations and their professional staff is indispensable. At a local level, we do not have the resources to employ staff for this purpose. It is only through a collective effort, working through our associations, that we are able to get this done.
Traveling to Austin to speak to my representative or senator during a legislative session would cost approximately $1,200 to $1,500 for a single trip. It would take two days of travel and one day at the Capitol. This is not an expense I could personally afford, and it’s not practical to be away for three days during session, which coincides with the beginning of our budget process. We work on the county budget from April through September.
Counties strive to keep costs low. The amount we contribute toward employing a lobbyist through our associations is far more cost-effective than sending individuals to Austin and hiring staff to monitor and analyze thousands of bills whenever the legislature is in session. Approximately 8,000 bills are filed each session; only by dividing this workload among our various associations do we have the expertise and manpower necessary to determine how proposed legislation will affect each county office and our communities. Without these resources, county governments, and more importantly our citizens, would effectively be silenced in the legislative process, leaving counties at a significant disadvantage compared with private interests that have the means to maintain a full-time presence at the Capitol.
Local elected officials serve as a strong voice for the people in our counties, people who don’t have the time or the capacity to engage directly with their legislators or to review thousands of bills. It is essential that we continue to be their voice in Austin. We can only do this effectively through the continued support, expertise, and advocacy provided by our associations and their dedicated staff.
Members of Commissioners Courts worked with the CJCAT to develop the following resolution:
Opposition to Efforts to Prohibit County Legislative Communications
WHEREAS, certain legislative proposals would prohibit the use of county funds to retain experts, consultants, and lobbyists to influence legislation, pay dues to associations that influence legislation, and to reimburse county officials for influencing legislation; and
WHEREAS, any bills that would prohibit the use of county funds would effectively silence the voice of local officials and prevent effective communication and representation of their citizens and taxpayers; and
WHEREAS, county officials require the ability to collectively develop and express their positions and information through associations; and
WHEREAS, the inability to retain experienced representation before the federal and state legislative bodies and agencies would place our communities at a distinct disadvantage in efforts to obtain and retain federal and state projects and military bases; and
WHEREAS, smaller counties especially need to be able to combine their resources to efficiently and effectively present their unique issues to state and federal government; and
WHEREAS, requiring elected officials to personally expend personal resources to present the views of their citizens would impose an extreme hardship upon these public servants; and
WHEREAS, such prohibition would stifle the basic tenets of democracy and open government;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby express its opposition to any legislation that attempts to silence the combined voices of the county officials of this state.
Talking Points
Opposition to Efforts to Prohibit County Legislative Communications
- County officials are tasked with a multitude of state-mandated responsibilities. Commissioners Courts also develop, implement, and maintain discretionary, quality-of-life services.
- Approximately 8,000 bills are filed each time the Texas Legislature is in session. Extensive time is required to review proposed legislation in depth, analyze its potential impact on counties, and estimate implementation costs.
- Association lobbyists and legislative committees perform critical work, educating county officials on legislation that may benefit or harm communities, and providing legislators with essential information about the real-world impacts and costs of their proposed legislation.
- Associations such as the County Judges and Commissioners Association of Texas that are home based in Austin can be hands-on when the legislature is in session, where most county officials live hundreds of miles from Austin.
- The majority of counties do not have the resources to employ staff dedicated solely to the legislature.
- Only by dividing the legislative workload among various associations do county officials have the expertise and manpower necessary to determine how proposed legislation will affect each county office and the taxpayers.
- Without these resources, county governments and the taxpayers would effectively be silenced in the legislative process, leaving counties at a significant disadvantage compared with private interests that have the means to maintain a full-time presence at the Capitol.
- Throughout the last several legislative sessions, certain legislators have made efforts to obtain legislation to prohibit local officials and their nonprofit associations from communicating with the Texas Legislature. Rural communities and smaller counties across Texas would be disproportionately harmed by such a prohibition.