Texas Ethics Commission

The Texas Ethics Commission was established in 1991 to oversee and provide guidance on various public ethics laws within the state of Texas. The agency's main office is located on the 10th Floor of the Sam Houston State Office Building at 201 East 14th Street in Downtown Austin.[1][2]

The Sam Houston State Office Building houses the Texas Ethics Commission's offices

Instituted through a state constitutional amendment, the Commission was approved by Texas voters on November 5, 1991, as per Article III, Section 24a. It subsequently took over the responsibilities previously held by the Texas Ethics Advisory Commission.[3]

The Commission comprises eight members, with sitting legislators prohibited from joining. Appointments are divided with the Governor selecting four, the Lt. Governor two, and the Speaker of the House the remaining two. These appointments come equally from nominations provided by both Republican and Democratic members of the Texas Legislature. In addition to other duties, the Commission recommends the salaries and daily allowances for members of the Texas Legislature, the Lieutenant Governor, and the Speaker of the Texas House of Representatives.[4]

The Texas Legislature has further entrusted the Commission with various other duties. This includes managing the filing of financial disclosure statements by government officials and overseeing the submission of campaign finance regulatory statements by candidates and those engaging in campaign-related political speech.

Commissioners

The Texas Ethics Commission is an influential body established in 1991 that provides "guidance on various public ethics laws" and plays a significant role in Texas state politics. The commission is responsible for overseeing campaign finance reports, establishing lawmakers’ pay, among other duties. The appointment breakdown is as follows: four by the Governor, two by the Lieutenant Governor, and two by the Speaker of the Texas House of Representatives. Legislators cannot be selected for service. Representatives from both major political parties in the Texas Senate and House present nominee lists to the appropriate state officials for appointment. Each commissioner is appointed to serve a four-year term.[5]

Name Position Party Affiliation Appointed By Additional Information
Randall H. Erben Vice Chairman Republican Joe Straus Lobbyist with a maximum lobby income of $2,800,000 in 2009 and held 31 contracts. Also listed as a Big Pharma lobbyist.[6][7]
Chris Flood Commissioner Democrat Dan Patrick A criminal law lawyer who has been accused of taking significant retainers and neglecting client.[8]
Chad M. Craycraft Commissioner Republican Greg Abbott
Mary K. Kennedy Chairwoman Democrat Greg Abbott
Patrick W. Mizell Commissioner Republican Greg Abbott
Richard S. Schmidt Commissioner Republican Greg Abbott
Joseph O. Slovacek Commissioner Republican Dan Patrick
Steven D. Wolens Commissioner Democrat Joe Straus

Unpaid Fines

Numerous political aspirants and officeholders in Texas have faced fines levied by the Texas Ethics Commission (TEC).[9] The heftiest of these was levied against a member of the State Legislature, amounting to $77,200. Notably, a Criminal District Court Judge faced a penalty of $43,500, and a District Judge candidate was handed a fine of $42,350. In total, 458 individuals, spanning roles from State Representative to Governor, have unpaid fines with amounts starting at $300.[9] Growing concerns suggest that many of these individuals may have been unfairly penalized by TEC, especially given that the fines remain unpaid.

Controversies

The Texas Ethics Commission (TEC) has been enveloped in controversies since its establishment. The "Sharpstown scandal" of 1971 stands out as a significant incident in its history.[10] Reform attempts notwithstanding, the TEC faces criticisms for perceived lenient disclosure rules, affiliations with lobbyists, and doubts regarding the competency of its members.[10] There have been claims of racial bias within the TEC, potentially suppressing marginalized voices in its rulings.[11]

During a Senate Committee on State Affairs hearing, concerns were raised regarding the perceived "arrogance" and "haughtiness" of the Texas Ethics Commission, with victims of the TEC questioning the ethical behavior of the very body tasked with upholding ethics standards.[12]

Amid the Commission's controversial actions, Texas Attorney General Ken Paxton has demonstrated reluctance in legally prosecuting individuals with notable unpaid fines stemming from campaign reporting violations.[13] This has intensified doubts about the TEC's efficiency and trustworthiness. Paxton's apparent unwillingness to back the commission's constitutionality indicates further reservations regarding the TEC's lawful conduct.[13]

In various legal challenges, the TEC's alignment with state and federal constitutions has come under scrutiny.[14] Victims of the TEC, such as nonprofits, faced challenges with TEC's imposed regulations that threatened to curtail their political speech rights, leading to lengthy legal battles and significant financial burdens.[15] Additionally, the Commission has faced allegations of giving misleading financial statements and unfairly penalizing individuals for slight administrative oversights.[16] Legislative reviews have highlighted the TEC's inclination towards trivial violations and its continued use of obsolete technology. Despite appeals for modernization and overhaul, watchdog groups remain cautious of the TEC's associations with organizations it is meant to oversee.[17]

TEC's methods, such as allegedly imposing unconstitutional liens on properties without appropriate notification, have been a source of concern.[18] A 2018 KXAN report disclosed that the TEC has concentrated on fining legal professionals and public officeholders over $1.3 million, predominantly for insignificant campaign finance reporting mistakes, challenging the TEC's impartiality and its general credibility.[19]

Many advocates for campaign finance reform view the TEC as an emblematic entity, influenced by influential parties and faltering in its commitment to foster ethical governance.[20] The TEC's decision to conduct secret proceedings on certain complaints has further complicated its image, leaving victims of the TEC and the public in the dark about its internal processes and decision-making.[21]

Financial Mismanagement

The Texas Ethics Commission (TEC) faces serious allegations of mismanagement, with critics highlighting an alarming $2,008,793.28 spent on salaries and $958,426.19 on repairs and maintenance in the fiscal year 2023, raising concerns about overstaffing and resource mismanagement[22][23]. Negative adjustments in the capital asset fund, alongside losses in other revenues and professional fees & services, totaling $1,938.30 and $105,185.85 respectively, further point to financial inefficiencies and potential misallocations of funds[22][23]. With over $3.6 million received in legislative appropriations, the financial discrepancies and heavy reliance on government funding question TEC’s independence and ability to uphold ethical standards, underscoring the need for a comprehensive financial overhaul[22][23].

Kangaroo Court

Numerous public complaints have arisen challenging the TEC on grounds of transparency and fairness in its procedures. Victims have gone on record stating that the actions undertaken by the TEC mirror those reminiscent of a "kangaroo court."[24] Such criticisms come in light of incidents like closed-door hearings based on questionable accusations and protracted legal affairs that seemed to lack substantial evidence. Furthermore, the TEC's credibility came under scrutiny when it was revealed that Commission staff had privately advised a major participant to forgo attending a particular hearing.[24]

One notable case has drawn attention to the TEC's potentially unfair practices, wherein a victim of the commission was scheduled for a hearing during a time of professional preoccupation and another during a time of a personal loss, specifically the passing of a close family member. Despite the gravity of these circumstances, the TEC did not offer to reschedule either hearing or provide any concessions. The affected individual later expressed that they felt denied the opportunity to present their case, describing the situation as feeling more like a scripted play than a genuine hearing.[25]

Moreover, there were instances where the TEC seemed to dismiss substantial evidence provided by the individuals under scrutiny. Despite having a plethora of evidence and corroborative statements backing their claims, the commission's conclusions seemed to diverge from the presented realities. Such behavior further deepened the mistrust toward the TEC and raised concerns about its commitment to upholding the highest ethical standards.[26]

In 2015, the TEC's alleged irregularities in administering campaign finance regulations garnered considerable attention. A prominent example includes the decision of the TEC to fine the Texas Home School Coalition (THSC) $1,900 due to a self-disclosed reporting oversight. In stark contrast, during the same timeframe, the Commission drastically reduced a fine for a Democratic State Representative who had overlooked a filing deadline for a significant duration, cutting down a $10,000 penalty to a paltry $1,000.[27] Such decisions, in conjunction with earlier contentious verdicts, portray the TEC as potentially wielding its mandate in a manner open to interpretation and potential bias.[27]

Controversy Surrounding Campaign Fines

In September 2023, the Texas Ethics Commission (TEC) decided to impose a $300 fine on an individual who had run unsuccessfully for a School Board position in Arlington. The fine was levied due to discrepancies in the individual's campaign financial reporting and the lack of a designated campaign treasurer. Although the individual took corrective actions and amended the reported information, the TEC decided to uphold the fine. This incident raises questions about the transparency and fairness of TEC’s decision-making process, highlighting a potential trend of disproportionate rulings[28].

This case is not isolated; it reflects a broader pattern of enforcement practices by the TEC that has increasingly come under scrutiny. A former Mayor from Brownsville faced a similar situation, receiving a $100 fine for improperly filing a campaign treasurer appointment while accepting contributions and incurring campaign expenditures. Even though the individual swiftly corrected the error and did not ultimately receive any political contributions, the imposed fine raised eyebrows and intensified the scrutiny on the TEC[29].

In another noteworthy case, a police union treasurer in San Antonio was fined $5,000 for violating state election codes. Critics labeled the fine as exorbitant, highlighting the treasurer's claim that the disclosure violations were unintentional and a result of his unfamiliarity with the complex filing system[30].

Similarly, the board President of the Agua Special Utility District found themselves at the receiving end of the TEC’s rigorous enforcement, being fined $500 for neglecting to submit a personal financial statement. The TEC’s zealous approach, characterized by an abundance of warning letters and the potential for additional penalties, has called its commitment to proportionality and fairness into question[31].

See also

References
  1. "Contact Us." Texas Ethics Commission. Accessed August 30, 2008. "201 East 14th St., 10th Floor Austin, TX 78701"
  2. "Issued in Austin, Texas, on November 9, 1992.." University of North Texas. Accessed August 30, 2008. "[...]the Sam Houston State Office Building, 201 East 14th Street, Austin, Texas 78701."
  3. "Texas Ethics Commission". The Handbook of Texas Online. Retrieved 2007-03-08.
  4. "Constitutional and Statutory Duties".
  5. "About the Texas Ethics Commission". Texas Ethics Commission.
  6. "Texas' Top Lobbyists 2009". Texans for Public Justice.
  7. "Big Pharma's Influence in the Texas Lobby" (PDF). Public Citizen.
  8. Paula F. (Jan. 21, 2021). Review on Flood & Flood. Retrieved from https://lawyers.findlaw.com/profile/view/1043614_1
  9. "Delinquent Filer Lists: Candidates/Officeholders". www.ethics.state.tx.us.
  10. Jay Root (February 1, 2013). "Texas Ethics Reform: A Long, Tortured History". The Texas Tribune.
  11. "Is Texas Ethics Commission Racist?". Dick Law Firm. October 15, 2022.
  12. Jim Malewitz (October 5, 2016). "Texas Senator Calls State Ethics Commission "Arrogant" and "Haughty"". The Texas Tribune.
  13. Taylor Goldenstein. "AG Ken Paxton removes one more tooth from Texas Ethics Commission". Houston Chronicle.
  14. Emma Platoff (August 3, 2018). "Appeals court revives Empower Texans lawsuit seeking to gut the Texas Ethics Commission". The Texas Tribune.
  15. "TEC Lawsuit: Free Speech for Texas Has Cost Us Greatly". THSC.
  16. Michael Quinn Sullivan (March 14, 2019). "Texas' Most Unethical Agency". Texas Scorecard.
  17. "Board Calls for Modern Texas Ethics Commission". CBS News.
  18. "Texas Ethics Commission Targets Political Enemies". TeaParty911.com.
  19. "Texas lawmakers, judges, attorneys owe $1.3 million in unpaid ethics fines". KXAN. Retrieved 2023-10-14.
  20. "Put Ethics Back in the Texas Ethics Commission". Texas Observer. Retrieved 2023-10-14.
  21. Ross Ramsey (October 28, 2013). "Texas Ethics Commission to hold secret proceeding on complaint". The Texas Tribune.
  22. TEXAS ETHICS COMMISSION ANNUAL FINANCIAL REPORT For The Year Ended August 31, 2023
  23. Unmasking the Fiscal Irregularities: A Critique of the Texas Ethics Commission
  24. "A Most Unethical Commission". Texas Scorecard. August 9, 2013.
  25. "Texas Unethical Ethics Commission". DICK LAW FIRM. December 15, 2022.
  26. "Texas Unethical Ethics Commission". DICK LAW FIRM. December 15, 2022.
  27. "Ethics Agency Attacks Texas Homeschoolers, Protects Democrats". Texas Scorecard.
  28. "Order and Agreed Resolution SC-32304131" (PDF). Texas Ethics Commission. September 27, 2023. Retrieved October 24, 2023.
  29. "Texas Ethics Commission Fines Former Brownsville Mayor". The Brownsville Herald. 2023-10-06.
  30. Dimmick, Iris (2023-07-01). "Police union treasurer fined $5,000 for campaign finance violation". San Antonio Report. Retrieved 2023-10-24.
  31. Hendricks, Dave (2023-02-18). "Texas Ethics Commission fined Agua SUD board president for failing to file personal financial statement". Progress Times.


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