Taking aim at the revolving door

Legislators move on from doing the public’s business, to lobbyists who represent clients with close ties to business interests. The question is whether there’s an unfair advantage that the legislator-lobbyist has.  At least two different versions of ethics bills have been proposed in the 83^rd legislative session to limit the revolving door (the practice of having legislators go into lucrative lobbying practices representing clients they regulated while in office).  Laws requiring “cooling off” periods-requirements that former representatives wait a statutorily set time limit before representing private interests before the legislature—are set up in 34 states, although there is substantial variation across the 50 states.  The current proposals would require representatives wait 2-4 years before becoming lobbyists.

The Texas Ethics Commission requires all lobbyists register with the agency and some disclosure information, but Texas is ranked 38^th out of the 50 states in terms of lobbyist regulation. The 11 former legislators from the 82^nd legislature (10 House members and 1 Senator) include a diverse array of both public and private interests ranging from energy and education to the banking industry. Take for example Rob Eissler (R-Woodlands), former chair of the House Public Education Committee who now represents school districts and Pearson, Inc. or Mike “Tuffy” Hamilton who worked on the Licensing and Administrative Procedures Committee (regulating alcohol permits) who now works for both the Texas Restaurant Association and the Beer Alliance of Texas.

And speaking of ethics, Rep. Giovanni Capriglione (R-Southlake) was blasted by his defeated, primary opponent Vicki Truitt for his proposed legislation which targets legislators and their family members who receive government contracts.  Texas law, like most states prohibits legislators receiving compensation for trying to obtain contracts for a business in which they have a “substantial interest” (more than 50%), but family members including spouses, are not prohibited.  Additionally, there is a loophole (method of circumventing or avoiding the law)—legislators  can still have substantial interests in business contracts if the contract is done via sealed bidding (submitting a secret bid and the lowest bid wins the contract).  Capriglione’s law would have disclosure requirements (provisions mandating public access to financial records). Truitt’s re-election was shot down by Capriglione in part because he criticized her husband’s business contract with the taxpayer-funded Tarrant County Hospital District.  Capriglione has been accused of waging a ‘vendetta’ against Truitt who has since gone on to become a lobbyist for the Texas Hospital Association.

Let the political spinning begin.