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 acounty may use public funds topay aregistered 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 ofthe Government Code, entitled Registration ofLobbyists, 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 ofcertain persons who, by direct communication with government officers, engage in efforts to persuade members ofthe legislative or executive branch to take specific actions.
TEX. GOV’TCODE ANN. 5305.001 (Vernon 1998). To that end, certain persons engaged, generally forcompensation, inattempting toinfluence legislation arerequired toregister with the Texas Ethics Commission, see id. $5 305.002( lo), .003, and to file with the Commission verified reports oftheir activities and expenditures in this regard. Id. 5305.006. Section 305.026 ofthe Government Code prohibits anyone other than aregistered lobbyist or aresident of alegislator’s district from communicating for compensation with that legislator in order to influence legislation on behalf of apolitical subdivision:

Public funds available to apolitical subdivision may not be used to compensate orreimburse the expenses over $50 ofany person forthe purpose ofcommunicating directly with amember ofthe 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 theThe 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. 5305.026(b)(2). You ask in effect whether section 305.026 provides specific statutory authority for a commissioners court topay aregistered lobbyist to lobby the legislature on the county’s behalf. See Letter from Honorable Susan D.Reed, Bexar County Criminal District Attorney, toHonorable 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 ofpublic funds to pay alobbyist unless certain conditions are met implies that it ispermissible 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, toMr. 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 ofthis office. Zd. The constitutional question is essentially aquestion of authority. Unlike ahome-rule city, acounty has only the powers conferred by the Texas Constitution orby statute. See 

### TEX. CONST. art. V, 5 18; Canalesv. Laughlin, 214S.W.2d451,453 (Tex. 1948). Suchpowersmay beconferred expressly orbynecessaryimplication. SeeAndersonv. Wood, 152S.W.2d 1084,1085 (Tex. 1941). The question therefore iswhether section 305.026 grants the commissioners court authority to hire aregistered 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 toengage 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 ofthe 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 asgranting counties the authority to hire registered lobbyists.The Honorable Susan D. Reed - Page 3 (JC-0089)

SUMMARY Section 305.026 ofthe Government Code authorizes acounty to expend public funds to retain the services ofaregistered lobbyist.

Attorney General ofTexas 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