Longview Times

Carthage City Attorney R. Collin Underwood said although the city pays dues to the Texas Municipal League, which lobbies the federal and state government, the city does not consider itself involved in lobbying.

“The city of Carthage is a member of TML. Total dues spent annually are $1,654,” Underwood told Longview Times.

“In response to the question about percentage of dues going to lobbying efforts, according to TML, TML member service fees are not used to influence legislation,” he said.

That’s a position the Texas Municipal League has taken in recent months. On Dec. 4, the league issued an advisory to cities on how to respond to a request from state Rep. Mayes Middleton (R-Wallisville) to disclose lobbying expenditures.

Middleton, who was re-elected to a second term in November, has made eliminating taxpayer-funded lobbying his primary focus in the Texas House. He introduced a bill during his first term that failed to pass, but produced a new version Dec. 7, one he says is gaining support from lawmakers.

“Despite the hardships facing hardworking Texans, our tax money is still being diverted into the pockets of Austin lobbyists — away from police, firefighters, roads, and teachers,” Middleton said in a release issued Dec. 7, the day House Bill 749 was filed. “Taxpayers are being forced to pay for lobbyists that advocate against the taxpayer and basic, good governance.”

Underwood said the city is standing by the league's position on the matter.

TML argues that Middleton’s request references Local Government Code Section 140.0045, which requires governmental entities to disclose “expenditures for directly or indirectly influencing or attempting to influence the outcome of legislation or administrative action, as those terms are defined in the state’s lobby law.”

However, it said, state law does not clearly define what “directly or indirectly influence or attempt to influence legislation” means. According to the league, paying a contract lobbyist should be included, but staff travel to Austin and other expenses may not be.

It’s up to each city “to decide in good faith based on the advice of local legal counsel,” it said.

The Texas Municipal League also insists its member service fees are not spent to influence legislation and need not be disclosed under Section 140.0045, although some cities may choose to do so.

The TML recommends if cities included a comparison of expenditures for “directly or indirectly influencing or attempting to influence the outcome of legislation or administrative action” in its budget, that figure should be disclosed to Middleton. However, if no such line item exists in the city budget, it need not provide the data he has requested.

“If there is other information in the city’s budget that indicates any planned expenses for influencing legislation, independent of the Section 140.0045 line item, the city should consider sending that information to Rep. Middleton in the interest of transparency,” the league stated in the advisory. “A city should consult its local legal counsel in making a final decision about how to respond to this request.”

Bill Longley, the TML’s legislative counsel, is available to discuss the matter, cities were told.

Underwood once again referred to the TML when asked if the city had any input on lobbying efforts.

“On the final question about the city having input on lobbying efforts, I will point you to TML’s publication on their legislative policy process which gives you an in-depth answer to that question,” Underwood said.

The league is clear about its role in government.

“The primary function of the Texas Municipal League is lobbying on behalf of its member cities,” it states on its website. “That’s the way it has been since the league’s formation in 1913 because many significant decisions affecting Texas cities are made by the Texas Legislature, not by municipal officials. Now, just as they did over a century ago, newly elected mayors and council members quickly realize the Legislature can address virtually any aspect of city government.

“This fact is vividly demonstrated during each legislative session. For example, during the 2019 session, more than 7,500 bills or significant resolutions were introduced. More than 2,000 of them would have affected Texas cities in some substantial way. In the end over 1,400 bills or resolutions passed and were signed into law [and] over 300 of them impacted cities in some way.”

The TML’s lobbyists, working with city officials, enact legislative goals that are approved by the Texas Municipal League board of directors.

“To develop the program, city officials provide input in primarily two ways, the league said. "First, a member city, TML region, or TML affiliate may submit a resolution for consideration at the business meeting of each year’s annual conference. Each city is asked to provide one delegate to serve as its liaison at the meeting. The delegates will be briefed on the content of the resolutions and given a chance to vote on whether they merit inclusion in the legislative program.”

Local officials play a key role in determining what issues to focus on in Austin.

“Second, member city officials participate in the League’s ‘municipal policy summit’ during the summer of each even-numbered interim year,” according to the TML. “The summit participants are appointed by the TML president based on volunteers and others chosen to balance the demographics of the TML membership at large.”

Carthage, which has a population around 6,800, is the Panola County seat. It is known as the “Gas Capital of the United States,” and the city website said it is the “friendliest place in the world.”