Editorial: Prohibition on tax funds for lobbying purposes can’t stop officials’ efforts

The Texas Senate last month passed a bill that would prevent political subdivisions from using taxpayers’ money to hire lobbyists. Government entities such cities, counties and school boards would be unable to hire professional lobbyists to promote their positions with state legislators and other officials.

Lt. Gov. Dan Patrick listed Senate Bill 19, filed by state Sen. Mayes Middleton, R-Galveston, as one of his priorities. When announcing the measure, Middleton stated the intent was primarily to stop the Texas Association of School Boards from using lobbyists to advocate against school vouchers and other measures.

Before passing it, senators amended the bill to make it less restrictive, although they did not eliminate all possible unintended consequences. The House is expected to pass the bill as well, but it is hoped that representatives will look further into possible unwanted ramifications.

For example, the original bill also prohibited government entities from using tax funds to support any other organization that used lobbyists. This would have meant that cities and counties couldn’t help food banks, for example, if those banks were associated with a group that used lobbyists.

One group would be exempted from the restrictions — sheriff’s departments, which state officials likely trust to support strong border security policies. However, the bill would hinder entities such as our ports, which have elected boards and taxing authority, from lobbying for pro-business measures.

To be sure, political entities will find ways to deal with these restrictions. Ports, for example, could find support among private companies that utilize them and would be free to use lobbyists if needed. Another amendment allows nongovernmental, nonprofit groups to continue hiring lobbyists, and governmental entities to continue supporting them

Government bodies likely will use hired staff members to argue their positions outside the official lobbying structure. One amendment to Middleton’s bill would allow such staff members to exercise such advocacy for their offices and agencies without having to register as lobbyists themselves.

And they must be allowed to do so. While new people want taxpayers’ money to be misused, political subdivisions can’t be excluded from the representative process that defines our system of government, both at the state and federal level.

Certainly, local officials should maintain communication with their own representatives, but they also should have the same freedom to contact other legislators and officials as the general public has. State officials can’t take away that fundamental — and constitutional — right to seek redress of grievances, or present their wishes to their representatives.

Patrick and other state officials have fought for school vouchers and other measures for years, and dealing with opposition surely is annoying. They must remember, however, that in our republican government, power is weighted toward the people rather than the officials. Elected officials should be able to defend their proposals rather than shut down dissent, which our founders saw as a vital part of the legislative process.

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