Lobbyists Honor System

A Dallas News story from February 2015 discussed the rules and loopholes between legislators and lobbyists.  Staff Writer James Drew indicated, “Texas’ lobby law has significant loopholes and weaknesses that make it difficult for the public to track the powerful alliance between lobbyists and lawmakers.”   

Lobbyists are defined as those who are paid to influence state legislation.  They are able to provide the legislators with meals, travel, transportation, gifts and entertainment, such as sports events and concerts.  Because of scandals, lobbyists are required to limit how much they spend on gifts and entertainment, but there is no limit to the amount they can spend of food, drinks, transportation and lodging.  The only limitation they are instructed to follow is to provide a detailed report of expenditures over $90.  This reporting is to illustrate which legislators are “in the pocket” of which lobbyists.   The purpose was to provide some transparency to the constituents that elect those legislators.

However, lobbyists have found a way to circumvent this limitation.  Several lobbyists would get together for an expensive dinner with a legislator and will split the bill, which then takes their contribution below the reporting requirement.   This is only for those who even divulge that they paid for the dinner.  It is an honor system with no true monitoring.  It would be easy for a lobbyist to pay for the entire dinner outright and just not report anything.  Who would tell?

Being labeled as a consultant is another way that “lobbyists” can work outside of the rules.  These consultants can be active in campaigns and lobby at the same time.  Again, there is no real monitoring of these participants.  Some states are already examining whether political consultants doubling as lobbyists represents a conflict of interest. 

These are just two examples of how lobbyists in Texas circumvent a complex system of rules governing their behavior.  There is no real motivation from legislators or lobbyists to change the rules.  Even if one lobbyist wanted to operate in a completely ethical and transparent manner, his opposition may not be so forthcoming.  He would run the risk of losing his influence over the issues he is working to pass (or not pass).    So why take the chance if that is the way the game is played by everyone?

Other states have developed disclosure rules and penalties for lobbyists that violate those laws.  Clearly, it can be done.  But since the players are the ones that create the rules, it would require a great deal of public pressure to actually promote change.   There probably wouldn't be many lobbyists pushing for that bill to pass.

Certainly, these legislators and lobbyists have a symbiotic relationship that benefits both parties.  However, when legislation becomes more about a good steak dinner instead of what is truly right for Texas, there is a problem.  Even if you consider a good steak dinner as the cost of doing business, it should be clear to the constituents why the legislator may have voted a certain way.  Clear and proper disclosure is the key.  Sometimes the fear of getting caught is all that keeps people in line.