Austin News

In September 2019, a new law took effect mandating that local governments and other public entities like school districts, post lobbying information publicly on their website for the public consumption – an effort at full disclosure, but it appears that the new law is being ignored.

The mandate, an effort to promote transparency, isn't being opposed for its intent, but rather the challenge of understanding the language in the legislation.

That issue was addressed by State Rep. Mayes Middleton (R-Wallisville), who fired off a letter to local government and school officials in an attempt to address concerns regarding Senate Bill 65.

He wanted to make sure and reinforce the bill's basic requirement of posting lobbying information. He also requested the lobbying information from nearly 3,000 entities and heard back from just about half of them.

Middleton said he sent the letters to make sure governments are complying with the new law and that he got about a 50 percent response to his 3,000 letters. He said some cities even claimed that they didn't utilize lobbyists despite evidence.

Texas Municipal League instructing members to treat Middleton’s letter as an open records request in a show of resistance.

But many cities have cited confusion over SB 65, and say that is what is slowing down being in compliance with the law. 

Middleton, while noting that the language is somewhat muddled, said that the legislation should include more than just lobbying efforts by a state agency. 

“The wording is something that will be cleaned up next session,” Middleton said, according to The Texas Monitor.

The 86th Texas Legislature passed SB 65, which amends state agency procurement laws to require any political subdivision, including a school district, that has ever contracted with a state agency for “consulting services” to disclose and itemize details of the political subdivision’s lobbying activities.

According to the Texas Association of School Boards, "a consulting service contract is defined as 'the service of studying or advising a state agency under a contract.' We believe a school district is not likely to have a consulting services contract which includes a state agency as a party, but you should review your records to make sure."

Middleton said the required disclosures from SB 65 include contract details such as the execution date, effective date, and length of the contract; and costs, as well as, a complete list of all legislation advocated on, for, or against by all parties or subcontractors the firm hired for lobbying services—including the positions taken on each piece of legislation.