February 21. 1974
The Honorable Price Daniel, Jr. Opinion No. H- 236
Speaker of the House of Representatives
State Capitol Building Re: Information to be
Austin, Texas 78711 included in activities
report filed under
The Honorable Mark W. White, Jr. Article 6252-9c,
Secretary of State V. T. C. S.
Office of the Secretary of State
Austin, Texas 78711
Dear Speaker Daniel and Secretary White:
House Bill 2 of the 63rd Legislature (Acts 1973, ch. 422, p. 1096;
Article 6252-9~. V. T. C. S.) is an act “To preserve and maintain the
integrity of the legislative process ” by requiring that “the identity, ex-
penditures, and activities of certain persons who, by direct communication
to such officers, engage in efforts to persuade members of the legislative
branch or executive branch to take specific actions be publicly and regu-
larly disclosed. ” Article 6252-9~. V. T. C. S. , Sec. 1. (emphasis added)
Section S(a) of the Act commands that those required by Sec. 3 to
register file a registration form. Sec. 5(b)(3) requires that the statement
include:
“the full name and address of each person who
made a contribution or paid a membership fee in excess
of $500 during the preceding 12-month period to the
registrant or to the person by whom the registrant is
reimbursed, retained, or employed regardless of
whether it was paid solely to influence legislation. ”
Section 5(b)(5) further requires:
p. 1097
. .
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The Honorable Price Daniel
The Honorable Mark W. White, page 2 (H-236)
“a specific description of the matters on which
the registrant expects to communicate directly with
a member of the legislative or executive branch to
influence legislation, including, if known, the bill
numbers and whether the registrant supports cr opposes
each bill listed. ”
The Secretary of State has asked:
“Would the filing of ,a complete list of names
and addresses of all persons who made a contribution
or paid a membership fee during the preceding 12-
month period to the registrant or to the person by
whom the registrant is reimbursed, retained, or
employed regardless of whether it was paid solely to
influence legislation, without specifying which person
paid in excess of $500.00 during the preceding 12-
month period, constitute compliance with Sec. 5(b)(3),
Article 6252-9c, V. A. C. S. ? ”
The Speaker’s question is:
“Is it sufficient, under Section 5(b)(5), for a
registrant to state that he or she expects to communi-
cate directly with a delegate on matters concerning the
Texas Constitution, or, is the registrant required to
state the specific Article and Section numbers of the
present Constitution or the Constitutional Revision
Commission’s recommended document and a descrip-
tion of any new subject matter concerning the Texas
Constitution, about which the registrant expects to
directly communicate with a delegate? ”
The requirement of S 5(b) (3) that the statement list the full name and
address of each person who has made a contribution in excess of $500 was
intended to compel identification of those persons making a contribution or
ps 1098
The Honorable Price Daniel
The Honorable Mark W. White, page 3 (H-236)
paying a membership fee in excess of that amount. We have been pointed
to no fact or circumstance which argues against according this language
what appears to us to have been its plain purpose and thrust. In Attorney
General Opinion H-18 (1973) we noted the “correlation between the value
of interests to be protected and the amounts of money ordinarily spent in
attempting to protect them. ”
Chief Justice Warren. in discussing the purposes of the Federal
Regulation of Lobbying Act (2 U. S. C. $ s 261-270) has said:
“Present-day legislative complexities are such
that individual members of Congress cannot be expected
to explore the myriad pressures to which they are regu-
larly subjected. Yet full realization of the American
ideal of government by elected representatives depends
to no small extent on their ability to properly evaluate
such pressures. Otherwise the voice of the people may
all too easily be drowned out by the voice of special
interest groups seeking favored treatment while mas-
querading as proponents of the public weal. This is the
evil which the Lobbying Act was designed to help prevent.
“Toward that end, Congress has not sought to
prohibit these pressures. It has merely provided for
a modicum of information from those who for hire
attempt to influence legislation or who collect or spend
funds for that purpose. It wants only to know who is
being hired, who is putting up the money, and how much
” (emphasis added) United States v. Harriss,
34-7 ;: S. 612, 625 (1954).
In our opinion, the filing of a complete list of all those who contributed
to the registrant without specifically identifying those who had paid in excess
of $500 would not serve the purpose of the Act which was to let the Legislature
and the people know the “how much” of which Chief Justice Warren spoke. We
therefore answer the question of the Secretary of State that such a filing would
not comply with f 5(b) (3) of Article 6252-9~. V. T. C. S.
p. 1099
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The Honorable Price Daniel
The Honorable Mark W. White, page 4 (H-236)
Even though 5 5(b)(5) speaks in terms of communicating with a member
of the “legislative branch” to influence “legislation, ” and the members of
the Constitutional Convention sit as “delegates” and not strictly speaking as
legislators, nevertheless it is our opinion that they are legislators, in the
broadest, uncapitalized sense of that word since the product of their labors,
by definition, is “legislation. ” Section 2(2) defines “legislation” to include
“any matter pending in or which may be the subject of action by a constitu-
tional convention. ”
Rule XIV of the Rules of Procedures of the Constitutional Convention
(Journal, January 8, 1974, p. 22) provides that suggested provisions be
filed with the Secretary of the Convention and that each be numbered in
consecutive order. 5 5.
We believe, therefore, that the legislative intent in the adoption of
S5(b)(5).was that, where the legislative body is the Constitutional Convention,
the registrant should include in his statement “a specific.description of the
matters on which the registrant expects to communicate directly with a
member of the [Convention] to influence legislation, including, if known
. . . . ” the proposal numbers and whether he supports or opposes each
proposal listed.
We therefore answer the Speaker’s question that it is not sufficient
under 5 5(b)(5) of Article 6252-9c, V. T. C. S., for a registrant to state only
that he or she expects to communicate directly with a delegate on matters
concerning the Constitution. To the contrary, the registration statement
must describe the matters or proposals in which he or she is interested and
whether for or against them.
SUMMARY
Article 6252-9c, V. T. C.S., is designed to give
those subject to the possible influence resulting from
communication sufficient information to enable them to
be fully aware of pressures being brought. The regis-
trant, under 5 5(b) of the Act must,identify those con-
p. 1100
I.. .
L
‘.
?
The Honorable Price Daniel
The Honorable Mark W. White, page 5 (H-236)
tributing $500 or more and must identify those
proposals in which he is interested, stating whether
he favors or opposes them.
Very truly yours,
JOHN L. HILL
Attorney General of Texas
AP&IOVED:
Ji$Js*t
DAVID M. KENDALL, Chairman
Opinion Committee
I
p. 1101