AUSTIN — The Texas Ethics Commission tabled a proposal Wednesday that would increase the amount lobbyists can spend on meals and other expenses for state officials before they must publicly identify the beneficiary.
The commission initially planned to consider raising the legislative per diem from $221 to $290.40, according to its meeting packet. The proposed increase would also raise the threshold for detailed lobbyist expense reporting.
The commission did not set a new date for the proposal.
Under current Texas Ethics Commission guidelines, registered lobbyists must identify the state officer or employee who benefited when they spend more than $132.60 in one day on food and beverages, transportation or lodging. The threshold equals 60% of the legislative per diem.
If the commission approves the proposed $290.40 per diem, the disclosure threshold would increase to $174.24.
The proposal would also increase the threshold for gifts, awards and mementos from $110 to $120.
The per diem increase would raise lawmakers’ compensation during a regular 140-day legislative session from $30,940 to $40,656, according to calculations cited in the report.
Charles D. Adams, a Houston-based attorney and former judge, said he does not object to increasing the legislative per diem but questioned whether the lobbyist spending threshold should automatically increase with it.
“I don’t have any issue with them increasing their per diem,” Adams said. “What confuses me is why they are; it seems that they’re pretending that that necessarily has to increase how much dark money lobbyists can insert into the process.”
Texas law does not prohibit registered lobbyists from providing food or beverages to state officers or employees. The Ethics Commission’s lobbying guide says lobbyists generally must attend an event when providing food or beverages, with limited exceptions for lower-value food or beverages sent outside the Capitol Complex.
The guide does not impose a monetary limit on what a registered lobbyist can spend on food or beverages, but disclosure requirements apply once spending reaches the applicable threshold.
Adams said lawmakers could increase their per diem without increasing the amount lobbyists can spend before they must identify the official who benefited.
“They could say, ‘yes, we’re gonna increase the per diem, but we’re not gonna allow lobbyists to spend more money on us without reporting it,’” Adams said. “They don’t have to allow lobbyists at all to buy them meals. And in fact, they shouldn’t.”
Lobbying and bribery remain legally distinct. Lobbying involves efforts to influence legislation or government policy, while Texas bribery law prohibits offering or accepting a benefit in exchange for a public servant’s decision, opinion, recommendation, vote or other exercise of discretion.
Adams said lawmakers and other public officials should face higher ethical standards when dealing with lobbyists.
“What we want is our politicians and our public service to be held to a higher standard than American citizens than a lower one,” Adams said. “And of course, that’s not the case. And this just makes it easier for the bad guys.”
If the Texas Ethics Commission approves the proposal, the new rules would take effect Jan. 1, 2027.
