The Must Do's and Important Don'ts of Nonprofit Advocacy (handout 5 of 5)
1. The Texas Lobby Law
www.ethics.state.tx.us
Chapter 305 of the Government Code
Chapter 36 of the Penal Code
Includes:
Lobby Registration Requirements
Requirements to Report Lobby Activities
Prohibitions on Various Activities
Criminal Sanctions for Violations of all provisions of the lobby law except for the conflict of interest
provision
Civil Sanctions for Failing to Register as a Lobbyist if required to do so and for failing to file a
required lobby activities report, and
A Civil Sanction for Late Filing.
Lobby Law Registration Requirements
A person is required to register as a lobbyist with the Texas Ethics Commission if in connection with
communicating directly with one or more members of the legislative or executive branch to influence
legislation or administrative action, he/she exceeds either the compensation and reimbursement
threshold and or the expenditure threshold in a calendar quarter as established by rule of the commission.
“Direct communication” means to “contact in person or by telephone, telegraph, letter, facsimile,
electronic mail, or other electronic means of communication.”
Compensation/Reimbursement Threshold
If a person receives or is entitled to receive more than $1,000 in a calendar quarter in compensation and
reimbursement from one or more persons to communicate directly with a member of the legislative or
executive branch to influence legislation or administrative action. A reasonable calculation should be made
between compensation for lobby activity and compensation for other activities. Preparation for a direct
lobby communication, such as participation in a strategy session or reviewing legislation, counts toward
the compensation threshold. A person can be exempt from lobby registration if no more than 5% of that
person’s compensated time during a calendar quarter is attributed to lobby activities.
Expenditure Threshold
If a person makes total expenditures of more than $500 in a calendar quarter to make a direct lobby
communication and those expenditures “are directly attributable to a member of the legislative or
executive branch or the immediate family member of the legislative or executive branch” in one of the
following categories: “1) transportation and lodging 2) food and beverages; 3) entertainment; 4) gifts, 5)
awards or mementoes, and 6) expenditures made for attendance at political fundraisers or charity
events.”