6.7: Critical Thinking Questions

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Question 1

Given the fact that literally millions of dollars are annually spent by registered lobbyists and special interest groups and, similarly, that the number of registered lobbyists in the state continues to increase, consider whether the expenditure limits be increased, decreased or remain the same and explain how you have come to that conclusion.

Feedback:

It is widely believed that money that lobbyists once spent exclusively in Washington D.C. is being redeployed to fight battles in state capitals. State lobbyists contend they offer a valuable service to legislators and government officials, providing information and raising questions about pending legislation or executive action. Those opposed to restrictions on lobbying argue that the First Amendment guarantees the right of citizens to petition the government for redress of grievances and that placing restrictions on lobbyists impairs this right. Lobbyists also assert that regulations requiring them to name specific contacts made with legislative or congressional staff have a chilling effect and weaken relationships that have been built up over many years.¹

Critics argue that many lobbyists are nothing more than influence peddlers who seek political and legislative favors for their clients and that regulations are needed to preserve the democratic process and to ensure the legitimacy of government. Supporters of strict regulation of lobbyists contend that regulation is needed to prevent special interests from controlling the political process, to ensure ethical behavior on the part of lawmakers and government officials, and to enhance the public's confidence in the government. Proponents for change concede that lobbyists have a place in the legislative process, but they advocate for measures that prevent lobbyists from improperly using money and favors to influence legislators and their staffs. And they point to recent court decisions that tend to support the reasonable regulation of lobbying activity.²

The perception that lobbyists and the interest groups they represent have corrupted the political process has led to state and federal legislation that regulates lobbyists. Texas is among those states. In its Lobbying in Texas --- A Guide to the Texas Law (), the Texas Ethics Commission (TEC) sets forth new thresholds that applied to all lobby registrations and lobby activities reports. These changes meant that the dollar thresholds for the requirement to register as a lobbyist and the itemization of certain expenditures in lobby activities reports were increased. For example, a person who makes lobby expenditures that exceed $780 (an increase from $500) or whose compensation or reimbursement exceeds $1,560 (an increase from $1,000) in a calendar quarter must now register as a lobbyist. In addition, the itemization threshold for gifts reported on the lobby activities report was increased from $50 to $90. Further, Chapter 305 of the Texas Government Code requires a person who crosses either a compensation or expenditure threshold to register with the Commission and to file periodic reports of lobbying activity. These provisions became effective January 1, 2020. Nearly 2,000 lobbyists registered with the TEC in 2020.³

1,2. American Law and Legal Information. Lobbying: Should Lobbyists Be Strictly Regulated? (2020).

3. Texas Ethics Commission. Lobbying in Texas --- A Guide to the Texas Law (2020).

Question 2

Some political action committees (PACs) are easily recognizable as supporters of certain political parties. But some of the PACs you see may attempt to hide an obvious affiliation by adopting a name that somewhat disguises their political inclinations.

Take a look at Transparency USA’s³ website (https://www.transparencyusa.org/tx/pacs) that illuminates the breadth, amounts, and influence of financial lobbying in Texas. You will notice the identity of political action committees (PACs) in the state and their respective contributions and expenditures.

Before venturing deeper into the website, pick and record 10 of those PACs and attempt to make an educated guess about which party they favor. Then, explore the PACs more extensively to determine whether your guesses were correct. Briefly discuss your results and impressions.

Feedback:

Answers will vary.

In this chapter, we discussed the differences between political parties and special interest groups. But it is undisputed that interest groups have preferences as to which party controls a majority of seats in the Texas legislature, and this leads them to direct electorally useful money and many other resources to that particular party. In fact, when one considers the nature and amount of resources committed by special interest groups, it is obvious from the overall pattern of donations that these groups clearly favor either one party or the other.

The best financial indicator of an interest group’s political party leanings is its contributions to and through political action committees (PACs). PACs are created to raise and distribute campaign funds to numerous candidates for federal office. They may spend independently for or against candidates and are, hypothetically, not affiliated with any official campaign.¹

Findings from studies relating to the goals that motivate economic interest groups indicate that despite the fact that PAC donations are “self-interested, materially oriented, and narrowly focused,” PACs have a strong ideological orientation and that their actions can be explained, at least in part, by their desire to effect a government that conforms to their ideology --- and more specifically, their interest in influencing legislators who have a strong predisposition to vote for or against a particular piece of legislation.”²

1,2. Thomas L. Brunell. The Relationship Between Political Parties and Interest Groups: Explaining Patterns of PAC Contributions to Candidates for Congress. Political Research Quarterly (2005).

3. Transparency USA. Texas Political Action Committees.