August lo,1999 

The Honorable Susan D. Reed 

Criminal District Attorney 

Bexar County Justice Center 

300 Dolorosa, Fifth Floor 

San Antonio, Texas 782053030 

Opinion No. JC-0089 

Re: Authority of county to expend public funds 

to retain registered lobbyist (RQ-0024) 

Dear Ms. Reed: 

You ask whether a county may use public funds to pay a registered lobbyist to communicate 

with legislators in order to influence legislation. We conclude that section 305.026 of the 

Government Code provides statutory authority for the county to do so. 

Chapter 305 of the Government Code, entitled Registration of Lobbyists, declares that: 

[t]o preserve and maintain the integrity of the legislative and 

administrative processes, it is necessary to disclose publicly and 

regularly the identity, expenditures, and activities of certain persons 

who, by direct communication with government officers, engage in 

efforts to persuade members of the legislative or executive branch to 

take specific actions. 

TEX. GOV’TCODE ANN. 5 305.001 (Vernon 1998). To that end, certain persons engaged, generally 

for compensation, in attempting to influence legislation are required to register with the Texas Ethics 

Commission, see id. $5 305.002( lo), .003, and to file with the Commission verified reports of their 

activities and expenditures in this regard. Id. 5 305.006. 

Section 305.026 of the Government Code prohibits anyone other than a registered lobbyist 

or a resident of a legislator’s district from communicating for compensation with that legislator in 

order to influence legislation on behalf of a political subdivision: 

Public funds available to a political subdivision may not be used to 

compensate or reimburse the expenses over $50 of any person for the 

purpose of communicating directly with a member of the legislative 

branch to influence legislation, unless the person being compensated 

or reimbursed resides in the district of the member with whom the 

person communicates or tiles a written statement with the 
The Honorable Susan D. Reed - Page 2 (K-0089) 

commission that includes the person’s name, the amount of 

compensation or reimbursement, and the name of the affected 

political subdivision. 

Id. $305.026(a). Section 305.026(b) specifically includes counties within the definition ofpolitical 

subdivision. See id. 5 305.026(b)(2). 

You ask in effect whether section 305.026 provides specific statutory authority for a 

commissioners court to pay a registered lobbyist to lobby the legislature on the county’s behalf. See 

Letter from Honorable Susan D. Reed, Bexar County Criminal District Attorney, to Honorable John 

Comyn, Texas Attorney General (Feb. 17, 1999). As you note, the Texas Ethics Commission has 

taken the view that “[tlhe fact that section 305.026 restricts the use of public funds to pay a lobbyist 

unless certain conditions are met implies that it is permissible to use political subdivision funds to 

be [sic] a lobbyist when those conditions are met.” See Letter from Sarah Woelk, Director of 

Advisory Opinions and Education, Texas Ethics Commission, to Mr. Don Adams, Adams&Adams 

(Sept. 30,1998) (letters on file with Opinion Committee). The Commission, however, also opines 

that constitutional questions concerning the matter are the province of this office. Zd. 

The constitutional question is essentially a question of authority. Unlike a home-rule city, 

a county has only the powers conferred by the Texas Constitution or by statute. See TEX. CONST. 

art. V, 5 18; Canalesv. Laughlin, 214S.W.2d451,453 (Tex. 1948). Suchpowersmay beconferred 

expressly or bynecessaryimplication. SeeAndersonv. Wood, 152 S.W.2d 1084,1085 (Tex. 1941). 

The question therefore is whether section 305.026 grants the commissioners court authority to hire 

a registered lobbyist. 

We conclude that it does by necessary implication, As we have noted, the section 

specifically includes counties within the definition of “political subdivision.” Were we to conclude 

that because the provision is couched in negative rather than positive ‘terms the section did not 

authorize counties to engage lobbyists, that inclusion would be surplusage. Moreover, the legislative 

history you cite to us, particularly the argument in the floor report that “[i]t would be unreasonable 

to deprive public entities of the same access that private companies have, when they have the public 

interest in mind,” certainly suggests that the legislature viewed the section as granting political 

subdivisionstheauthoritytohirelobbyists. HOUSECOMM.ONSTATEAFFAIRS,BILLANALYSIS,T~~. 

Comm. Substitute S.B. 1,72d Leg., R.S. (1991). Accordingly, we view section 305.026 as granting 

counties the authority to hire registered lobbyists. 
The Honorable Susan D. Reed - Page 3 (JC-0089) 

SUMMARY 

Section 305.026 ofthe Government Code authorizes a county 

to expend public funds to retain the services of a registered lobbyist. 

Attorney General of Texas 

ANDY TAYLOR 

First Assistant Attorney General 

CLARK RENT ERVIN 

Deputy Attorney General - General Counsel 

ELIZABETH ROBINSON 

Chair, Opinion Committee 

James E. Tourtelott 

Assistant Attorney General - Opinion Committee