August lo,1999
The Honorable Susan D. Reed Opinion No. JC-0089
Criminal District Attorney
Bexar County Justice Center Re: Authority of county to expend public funds
300 Dolorosa, Fifth Floor to retain registered lobbyist (RQ-0024)
San Antonio, Texas 782053030
Dear Ms. Reed:
You ask whether a county may use public funds to pay a registered lobbyist to communicate
with legislators in order to influence legislation. We conclude that section 305.026 of the
Government Code provides statutory authority for the county to do so.
Chapter 305 of the Government Code, entitled Registration of Lobbyists, declares that:
[t]o preserve and maintain the integrity of the legislative and
administrative processes, it is necessary to disclose publicly and
regularly the identity, expenditures, and activities of certain persons
who, by direct communication with government officers, engage in
efforts to persuade members of the legislative or executive branch to
take specific actions.
TEX. GOV’TCODE ANN. 5 305.001 (Vernon 1998). To that end, certain persons engaged, generally
for compensation, in attempting to influence legislation are required to register with the Texas Ethics
Commission, see id. $5 305.002( lo), .003, and to file with the Commission verified reports of their
activities and expenditures in this regard. Id. 5 305.006.
Section 305.026 of the Government Code prohibits anyone other than a registered lobbyist
or a resident of a legislator’s district from communicating for compensation with that legislator in
order to influence legislation on behalf of a political subdivision:
Public funds available to a political subdivision may not be used to
compensate or reimburse the expenses over $50 of any person for the
purpose of communicating directly with a member of the legislative
branch to influence legislation, unless the person being compensated
or reimbursed resides in the district of the member with whom the
person communicates or tiles a written statement with the
The Honorable Susan D. Reed - Page 2 (K-0089)
commission that includes the person’s name, the amount of
compensation or reimbursement, and the name of the affected
political subdivision.
Id. $305.026(a). Section 305.026(b) specifically includes counties within the definition ofpolitical
subdivision. See id. 5 305.026(b)(2).
You ask in effect whether section 305.026 provides specific statutory authority for a
commissioners court to pay a registered lobbyist to lobby the legislature on the county’s behalf. See
Letter from Honorable Susan D. Reed, Bexar County Criminal District Attorney, to Honorable John
Comyn, Texas Attorney General (Feb. 17, 1999). As you note, the Texas Ethics Commission has
taken the view that “[tlhe fact that section 305.026 restricts the use of public funds to pay a lobbyist
unless certain conditions are met implies that it is permissible to use political subdivision funds to
be [sic] a lobbyist when those conditions are met.” See Letter from Sarah Woelk, Director of
Advisory Opinions and Education, Texas Ethics Commission, to Mr. Don Adams, Adams&Adams
(Sept. 30,1998) (letters on file with Opinion Committee). The Commission, however, also opines
that constitutional questions concerning the matter are the province of this office. Zd.
The constitutional question is essentially a question of authority. Unlike a home-rule city,
a county has only the powers conferred by the Texas Constitution or by statute. See TEX.CONST.
art. V, 5 18; Canalesv. Laughlin, 214S.W.2d451,453 (Tex. 1948). Suchpowersmay beconferred
expressly or bynecessaryimplication. SeeAndersonv. Wood, 152 S.W.2d 1084,1085 (Tex. 1941).
The question therefore is whether section 305.026 grants the commissioners court authority to hire
a registered lobbyist.
We conclude that it does by necessary implication, As we have noted, the section
specifically includes counties within the definition of “political subdivision.” Were we to conclude
that because the provision is couched in negative rather than positive ‘terms the section did not
authorize counties to engage lobbyists, that inclusion would be surplusage. Moreover, the legislative
history you cite to us, particularly the argument in the floor report that “[i]t would be unreasonable
to deprive public entities of the same access that private companies have, when they have the public
interest in mind,” certainly suggests that the legislature viewed the section as granting political
subdivisionstheauthoritytohirelobbyists. HOUSECOMM.ONSTATEAFFAIRS,BILLANALYSIS,T~~.
Comm. Substitute S.B. 1,72d Leg., R.S. (1991). Accordingly, we view section 305.026 as granting
counties the authority to hire registered lobbyists.
The Honorable Susan D. Reed - Page 3 (JC-0089)
SUMMARY
Section 305.026 ofthe Government Code authorizes a county
to expend public funds to retain the services of a registered lobbyist.
Attorney General of Texas
ANDY TAYLOR
First Assistant Attorney General
CLARK RENT ERVIN
Deputy Attorney General - General Counsel
ELIZABETH ROBINSON
Chair, Opinion Committee
James E. Tourtelott
Assistant Attorney General - Opinion Committee