- Texas law generally bans state agencies from hiring lobbyists but makes an exception for “an institution of higher education”
- The Texas State University System, Texas Tech University System, University of Houston System, and the University of Texas at Arlington have lobbyists registered on their behalf
- Senate Bill 19, which would ban most forms of “taxpayer-funded lobbying,” does not apply to state universities
While the practice of governmental entities hiring lobbyists, referred to by many as “taxpayer-funded lobbying,” has been a topic of debate at the Texas Capitol for quite some time, that debate has largely focused on local governments such as cities, counties, and school districts.
Although much of the attention of that debate has centered around local governments, several Texas public universities have also hired lobbyists to advocate for their interests.
While Section 556.005 of the Texas Government Code generally prohibits state agencies from hiring lobbyists, that statute provides a narrow exception that allows for “an institution of higher education” to hire a lobbyist with “money under its control” as long as the money does not come from a state appropriation.
According to lobbyist registration records on file with the Texas Ethics Commission, the Texas State University System, the Texas Tech University System, the University of Houston, and the University of Texas at Arlington have all hired lobbyists to lobby state officials.
The Texas Tech University System has retained the Hance Scarborough law firm to assist with the University’s state government relations efforts. Former Texas Tech University System Chancellor Kent Hance is among the six Hance Scarborough employees registered to lobby for the Texas Tech University System.
In the most recent engagement letter between Hance Scarborough and the Texas Tech University System, the firm states, “This session, amongst all of the other impactful issues for Texas Tech that will be considered by the Texas Legislature, will be laser focused on addressing the continued inequity of state funding for Texas Tech.”
The current agreement between the Texas Tech University System and Hance Scarborough calls for the firm to be paid $20,000 per month from January 2025 through June 2025 and $15,000 per month from July 2025 through December 2026.
The University of Houston System currently contracts with the Troutman Pepper Locke law firm, formerly known as Locke Lord, for lobbying services. Under the terms of the contract, which began on September 1, 2022, and runs through August 31, 2025, the firm is paid $13,000 per month.
This contract was awarded in response to a Request for Proposal issued by the University of Houston for the “Advancing State Initiatives.” The Request focused on hiring a firm that could help obtain additional state funding for the University.
“The successful firm will possess proven effectiveness in this regard and will further demonstrate particular expertise representing governmental entities in the areas of, but not limited to, legislative and committee staff members; State agencies, including, but not limited to the Texas Higher Education Coordinating Board, Texas General Land Office, Texas Commission on Environmental Quality, and other agencies as needed. Specifically, the firm should assist the System, and especially its four component institutions, with efforts to secure state funding through the state appropriations process and through direct grants administered by various state agencies. The firm should present a clear strategy for helping the four institutions with understanding and increasing state funding opportunities,” read the Request for Proposal.
Four lobbyists associated with Troutman Locke Lord list the University of Houston as a client on lobbyist disclosure filings.
Three lobbyists with the lobbying firm Blackridge list the Texas State University System as a client on their lobbyist disclosure filings. The Texas State University System declined to provide The Texas Voice with contracts and invoices requested under the Texas Public Information Act. Instead, it sought an opinion from the Texas Attorney General’s Office on the basis that the contracts and invoices might include “confidential proprietary information” belonging to Blackridge.
Senate Bill 19, which would restrict taxpayer-funded lobbying by a “political subdivision,” passed the Texas Senate earlier this week. While this bill would apply to lobbying by cities, counties, school districts, and other local governments, it would not apply to public universities.
“Nearly $100 million per year is spent on taxpayer-funded lobbying. We don’t need an Austin lobbyist middleman between state and local elected officials. We are elected to represent our constituents directly,” said State Senator Mayes Middleton, the author of Senate Bill 19.
