AUSTIN –
Today, Americans for Prosperity-Texas
Director Peggy Venable issued the following
statement regarding the opinion issued today
from 277th Judicial District Court Judge Ken
Anderson:
“We applaud
the ruling which came out today as a
victory for taxpayers. The ruling
acknowledges that the Texas Association of
Counties has been operating outside the law
and that counties cannot use general revenue
funds to join associations which lobby. We
will continue to fight to protect all tax
dollars from being used to lobby.”
“Though
this action is against one association, we
are aware this practice is widespread. We
will work to see that state law is upheld
and we are also committed to eliminating all
public dollars from lobbying activities.”
“Taxpayers
should not be forced to finance lobbying
activities. Taxpayer-funded groups lobby
for more of our tax dollars and oppose
taxpayer protections. It is a vicious
cycle, and it’s fiscally, morally and
ethically wrong”.
Background:
Several Texas
members of the grassroots organization
Americans for Prosperity filed a lawsuit in
June 2005 against Williamson County for
violating a state law that prohibits using
general revenue funds to join organizations
that lobby the state legislature.
Peggy
Venable, Texas director of Americans for
Prosperity, joined AFP members Janice
Brauner and Judy Morris, in filing the
lawsuit.
The lawsuit
asserts that Williamson County has used
general revenue funds to support county
associations, including the Texas
Association of Counties (TAC). TAC employs
registered lobbyists and participates in
lobbying activities.
Texas
Local Government Code statute 89.002 states
that “The commissioners court may spend, in
the name of the county, money from the
county’s general fund for membership fees
and dues of a nonprofit state association of
the counties
if...neither the association nor an employee
of the association directly or indirectly
influences or attempts to influence the
outcome of any legislation pending before
the legislature...”
In the recent
legislative session, county associations,
funded with public dollars, opposed taxpayer
protections that would have provided greater
public accountability and transparency that
would have helped end “taxation by
valuation” and would have provided “truth in
taxation.” The county associations joined
the cities’ lobby and opposed both appraisal
and revenue caps.
Lobbying
with taxpayer dollars costs Williamson
county residents approximately a half
million dollars in the past 10 years,
Venable said. AFP estimates that millions
of public dollars are spent on lobbying in
each session.
One of our
Founding Fathers found this practice
objectionable. Thomas Jefferson said, “To
compel a man to furnish funds for the
propagation of ideas he disbelieves and
abhors is sinful and tyrannical.”
Attorneys
representing the plaintiffs are David Rogers
and former Supreme Court Justice Steven
Wayne Smith, Texas Legal Foundation.
"The Texas
Legal Foundation is pleased to represent the
plaintiffs in this case because we believe
in the principles of government
accountability, limited government spending,
the rule of law, and representation of the
people through their elected
representatives," Smith said. "We believe
that all these principles are endangered
when taxpayers are illegally taxed in
order to pay lobbyists to persuade the
Legislature to raise taxes."
“We need
more public officials like Cheryl Johnson,
County Tax Assessor and Collector for
Galveston County, who said that the county
associations’ responsibility should be to
educate and assist the counties and not to
lobby,” said Venable.
“This is an
unusual action for AFP and represents the
first lawsuit we have been involved in,”
Venable said. “But we wanted this to be a
wake-up call to elected officials that
taxpayer money should not be used for
lobbying.”
Venable
also cited other taxpayer-funded lobbying
activities, though not in violation of state
law, as inappropriate use of tax dollars.
She cited the City of Austin as having 26
lobbyists listed with the Texas Ethics
Commission; the City of Houston has 23;
Dallas Independent School District has
eight, the Texas Municipal League has 14 and
the Texas Association of Counties has nine
lobbyists. In comparison, the Texas
Association of Business – essentially the
state chamber of commerce – during that same
time span had only five lobbyists.
# # #
Americans for Prosperity (AFP) is a
nationwide organization of citizen leaders
committed to advancing every individual’s
right to economic freedom and opportunity.
AFP believes reducing the size and scope of
government is the best safeguard to ensuring
individual productivity and prosperity for
all Americans. AFP educates and engages
citizens in support of restraining state and
federal government growth, and returning
government to its constitutional limits. For
more information, visit
www.americansforprosperity.org