Farrar Seeks Ethics Commission Opinion On Lobbyists Working For Speaker; Lobbysts Are Contacting Reps In Regards To Speaker’s Race

State Rep. Jessica Farrar (D-Houston) has asked the Texas Ethics Commission for an opinion concerning whether or not registerd lobbyists communicating with Legislators at the behest of a registered candidate for Speaker of the Texas House are in violation of the “Speaker Statute,” especially if they make promises and threats.

Specifically, Farrar asked about lobbyists making promises of “good committee assignments,” and making threats like, “We can make sure that you remember that you made a mistake,” according to the letter, a copy of which which Capitol Annex has obtained (.doc).

Farrar was not on the list made public by Speaker Craddick’s office of Democrats who have signed pledge cards supporting Speaker Tom Craddick’s re-election.

The “Speaker Statute” is Chapter 302 of the Texas Government Code (.pdf).

Secifically, Ferrar alleges that registered lobbyists who must register as such under Chapter 305 of the Texas Government Code (.pdf) are contacting “Members and Members-elect of the Texas House of Representatives on behalf of a named Speaker candidate and asking Members to agree to vote for the candidate because the candidate will “put [the Member] on good committees,” “take care of [the Member,]” and “see to it that [the Member] has the right support in two years.”

Clearly, the tactics described in Ferrar’s letter are quite intimidating. And, since one can assume that Senfronia Thompson, the only other candidate for Speaker right now, is not responsible for these actions, the only other likely culprit is Texas House Speaker Tom Craddick (R-Midland).

Farrar went on to note in the letter:

Other comments made include statements that if the Member does not vote for the named Speaker candidate, “we won’t forget it,” and “we can make sure that you remember that you made a mistake.”

These calls and statements are also being made by former Members of the Texas House to Members and Members-elect.

Purely speculation on my part, but I’d guess a few names on this one, namely Bill Hammond, Chair of the Texas Association of Business, who is also a lobbyist.

Farrar asks for the Commission’s opinion on three key questions:

1. Does this conduct constitute legislative bribery under Subchapter C, Chapter 302, Government Code, because the comments imply (a) either the favorable or unfavorable treatment of the Member in committee assignments, and (b) either the giving or withholding of campaign contributions?

2. Do I have any duty to report this conduct to the appropriate authorities, including the district attorney with jurisdiction over these matters?

3. Does physical evidence, such as voice mail messages and electronic mail messages, need to be turned over to the Commission or the appropriate authorities?

Number three is obviously a major whopper. If there are voice mail messages out there (which, by the way, would be subject to disclosure under the Texas Public Information Act), that could be quite damning. Emails, obviously, would be just as bad. And, number one is nothing to be sneezed at either.

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