Texas Senate Weakens Taxpayer-Funded Lobbying Ban Proposal

Estimated Time to Read: 4 minutes

In what was initially positioned as a strong measure against taxpayer-funded lobbying, the Texas Senate took up Senate Bill 19 late Wednesday night. The bill, filed by State Sen. Mayes Middleton (R-Galveston), and a legislative priority of Lt. Gov. Dan Patrick (R), originally sought to prevent political subdivisions from using public funds to hire registered lobbyists or contribute to organizations that engage in lobbying activities. However, during deliberations, the Senate adopted an amendment that significantly weakened the bill’s impact, allowing nonprofit associations representing political subdivisions to continue hiring registered lobbyists.

The Original Intent of SB 19

Middleton has long been a vocal critic of taxpayer-funded lobbying, particularly targeting organizations like the Texas Association of School Boards (TASB). In an initial press release announcing the bill, he argued that local governments frequently use public funds to lobby against taxpayer interests—especially in areas such as property tax relief, school choice, and border security. The bill, as introduced, explicitly sought to cut off funding for organizations that employ registered lobbyists.

The initial version of SB 19 prohibited political subdivisions from using public funds to:

• Hire or contract with registered lobbyists.
• Pay membership dues to nonprofit organizations that hire lobbyists.
• Fund advocacy efforts aimed at influencing legislation.

The Key Amendment That Watered Down the Bill

During the Senate debate, an amendment was introduced by State Sen. Robert Nichols (R-Jacksonville) and adopted that changed the bill’s language in critical ways:

1. It removed the prohibition on nonprofits hiring lobbyists. The amended bill no longer prevents political subdivisions from paying dues to nonprofit associations that engage in lobbying. This directly benefits groups like TASB, which had been explicitly named by Middleton as a target of the bill.
2. It softened restrictions on lobbying activities. The new language still prevents direct hiring of lobbyists by local governments but does not prohibit nonprofit groups from using public funds to contract lobbyists on their behalf.
3. It allows certain organizations to lobby. The revised bill contains carve-outs allowing full-time employees of nonprofit associations to engage in legislative advocacy activities without needing to register as lobbyists.

The amendment was adopted by a vote of 15-13, with the following State Senators voting in favor:

Implications of the Amendment

The amendment’s adoption represents a victory for organizations that rely on taxpayer funding to support their lobbying efforts. Groups like TASB and other municipal associations have long argued that their lobbying activities provide a necessary voice for local governments in the legislative process.

Opponents, however, see this as a betrayal of the bill’s purpose, arguing that it allows taxpayer-funded lobbying to continue under a different guise. For fiscal conservatives and taxpayer advocacy groups, the watering down of SB 19 is a major disappointment. The bill was viewed as an opportunity to end the practice of taxpayer dollars being used to lobby against taxpayer interests—a practice that remains largely intact due to the amendment. The fact that the Senate accepted an amendment preserving nonprofit lobbying demonstrates the political power of these organizations.

Middleton’s Response and the Road Ahead

During deliberation on Nichols’ amendment, Middleton expressed frustration, stating:

Shortly after the amendment was adopted, the Senate passed the overall bill, as amended, by a vote of 20-11, with all Republicans voting in favor.

Will the Texas House Restore the Bill?

SB 19 now moves to the Texas House of Representatives, where its prospects remain uncertain. However, there is cause for optimism among fiscal conservatives. As Texas Policy Research recently highlighted, momentum is growing among lawmakers and grassroots activists to push for a true ban on taxpayer-funded lobbying.

House members who have previously supported similar measures may seize this opportunity to strengthen the bill and close the loopholes introduced in the Senate. With continued public pressure and heightened scrutiny, the issue of taxpayer-funded lobbying is unlikely to fade. The coming weeks will determine whether the Texas House will take a more aggressive stance on this long-standing policy concern.

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