1. Politics of interest groups Interest groups and lobbying in Texas

2. What is an Interest Group? Interest group: An organization that seeks to influence government officials and their policies on behalf of members sharing common views and objectives (e.g., labor unions or trade associations) Example of an interest group: Independent Colleges and Universities of Texas is an interest group that lobbies the Texas state legislature against cuts to the Texas Equalization Grants (TEG), a student aid program that provides financial assistance to students who attend private colleges and universities.

3. What is an interest group, continued Political parties and interest groups differ in the their methods: Political parties seek to increase the number of their members who are elected or appointed to public office Interest groups seek to influence government officials (regardless of their party affiliation) to the advantage of the group. In general, interest groups want governments to implement policies that benefit the group, without necessarily placing its own members in public office. Interest groups represent the interests of groups such as businesspeople, laborers, farmers, religious groups, ethnic groups, teachers and physicians.

4. The Reasons for Interest Groups: legal and cultural reasons In NAACP v. Alabama (1958), the U.S. Supreme Court recognized the right of association as part of the right of assembly granted by the First Amendment of the U.S. Constitution. This decision ensured the right of citizens to organize for political, economic, social, and religious purposes. 1960s and 1970s social movements led to the creation of interest group activities on issues such as civil rights, women’s rights, student rights and opposition to the war in Vietnam.

5. Reasons for interest groups: decentralized government Decentralized government such as our federal system divides power among the national government and the 50 state governments. Decentralized government further divides power between state governments and local governments including cities, counties and special districts. Finally, at each level of government, power is divided among three branches: legislative, executive, and judicial. (separation of powers is more apparent at state and national levels than at local levels). The decentralized structure increases opportunities for interest groups to form and influence government: groups can fight their battles at different levels of government and within those levels at different branches of government.

6. Decentralized government, continued 2009 the Texas Bicycle Coalition was unsuccessful at winning legislation at the state level to protect cyclists on Texas roads. Yet the organization was successful in getting protective city ordinances passed in cities such as Austin and San Antonio, to name two. http://www.biketexas.org/ (formerly Texas Bicycle Coalition) http://www.biketexas.org/ Governor Rick Perry vetoed a bill that would ban texting while driving, but interest groups in many cities were successful in getting city ordinances passed which banned texting while driving.

7. Reasons for interest groups: the party system and political ideologies The absence of strong political parties increases opportunities for interest group action as public officials are less likely to vote along party lines and are more susceptible to pressure from interest groups. Many believe that a strong party system is still lacking in Texas. Emergence of the Texas Tea Party revealed a lack of unity within the Republican Party. Ideologies have never been strong in Texas: public officials rely more on their constituents or on the issues and less on ideology, thus they remain more susceptible to influence from interest groups.

8. Types of interest groups: economic groups Economic interest groups: trade associations and labor unions are classified as economic interest groups because they are organized to promote policies that will maximize profits (trade associations; business groups) and wages (labor unions).

9. Economic interest groups: business groups Business groups typically advocate lower taxes, reducing or elimination price and quality controls and minimal concessions to labor unions. At the state level, business groups often take the form of trade associations – groups that act on behalf of an industry. Examples: The Texas Gaming Association favors the creation of casino resorts in Texas; Amusement and Music Operators of Texas is a trade group that represents bars and taverns.

10. Business groups Texas Association of Builders (TAB) represents the interests of the housing industry. TAB along with Texans for Lawsuit Reform donated more than $2.6 million to support Republican candidates in key Republican legislative races in 2002. Subsequently, the Republican controlled legislature in 2003-2004 passed several “business friendly” bills. One of the more significant of these limited lawsuits against manufacturers, pharmaceutical companies and retailers. In 2009, the tobacco industry successfully defeated a statewide ban on smoking in public places, hiring as many has 40 lobbyists during the 2009 legislative session.

11. Economic interest groups: labor unions Labor organization: A union that supports public policies designed to increase wages, obtain adequate health insurance coverage, provide unemployment insurance, promote safe working conditions and otherwise protect the interests of workers. Unions representing Texas workers are not as numerous or powerful as business-related groups. The labor organizations considered most significant in Texas government are: AFL-CIO – comprising 1300 local unions and more than 200,000 members. http://www.texasaflcio.org/http://www.texasaflcio.org/ Communication Workers of America (CWA) http://district6.cwa- union.org/http://district6.cwa- union.org/ International Brotherhood of Teamsters http://www.unions.org/unions/texas/43/international- brotherhood-of-teamsters/42 http://www.unions.org/unions/texas/43/international- brotherhood-of-teamsters/42

12. Labor groups For a highly industrialized state with a large population, union membership in Texas is small compared with that of other states. In 2014, union members accounted for 4.8 percent of wage and salary workers in Texas, the same as in 2013, the U.S. Bureau of Labor Statistics reported. Union membership rate for the state was at its peak in 1993, when it averaged 7.5 percent, and at its lowest point in 2008 at 4.5 percent. Nationwide, union members accounted for 11.1 percent of employed wage and salary workers in 2014, down 0.2 percentage point from 2013. Since 1989, when comparable state data became available, Texas union membership rates have been below the U.S. average. http://www.bls.gov/regions/southwest/news- release/unionmembership_texas.htm http://www.bls.gov/regions/southwest/news- release/unionmembership_texas.htm

13. Labor groups A significant reason why Texas is not highly unionized is because it is a right to work state. Texas is one of 24 states in the nation that have right to work laws: laws that stipulate that a person cannot be denied employment because of membership or non- membership in a labor union or other labor organization. Right to work laws prohibit union shops – where workers are required to join the union within 90 days of beginning employment as a condition for keeping their jobs. Only eleven states have union membership rates below that of Texas, with North Carolina having the lowest at 2.9%.

14. Economic interest groups: professional, career groups Professional groups: An organization of physicians, lawyers, nurses or other professionals that lobby for policies beneficial to members. Professional groups set standards for admission to a profession and criteria for state-mandated licensing. Examples: Texas Bar Association (lawyers); http://www.texasbar.com http://www.texasbar.com Texas Health Care Association (nursing homes): http://www.txhca.org/ http://www.txhca.org/ Texas Medical Association (physicians): http://www.texmed.org/ http://www.texmed.org/

15. Professional groups 2003, Texas Medical Association was successful in their lobbying efforts to win approval of Texas voters for a constitutional amendment which authorized the legislature to impose a $250,000 cap for noneconomic damages (pain and suffering, also known as quality of life damages) in medical malpractice cases. http://www.texastribune.org/2013/08/04/candidate- faces-questions-turnabout-and-fair-play/ http://www.texastribune.org/2013/08/04/candidate- faces-questions-turnabout-and-fair-play/ TMA also has successfully lobbied for a new medical school in the Rio Grande Valley and has sought to increase state funding for Medicare and the Children’s Health Insurance program.

16. Social Interest Groups: racial and ethnic groups Social interest groups: Include organizations devoted to civil rights, racial and ethnic matters, religion, public interest and protection. Racial and ethnic interest groups: Organizations that seek to influence governmental decisions that affect a particular racial or ethnic group, such as the NAACP – National Association for the Advancement of Colored People; LULAC – League of United Latin American Citizens. Racial and ethnic interest groups typically have goals that include: eliminating racial discrimination in employment, improving public schools, increasing educational opportunities, obtaining greater representation in state legislatures, city councils and other policymaking bodies of government.

17. Social groups: Racial and ethnic groups Founded in 1909 in New York City, the National Association for the Advancement of Colored People (NAACP) has a long and distinguished history of activities that improved the lives of African-Americans. The NAACP’s Legal Defense Fund mounted the lawsuit Brown v. Board of Education that resulted in the desegregation of public schools in the United States. More recently the NAACP has fought for hate crimes legislation that enhances penalties for crimes in which race, color, disability, religion, national origin, gender or sexual orientation were part of the perpetrator’s motivation.

18. Social groups: Racial and ethnic interest groups The NAACP also continues to fight against racial profiling. Texas law defines racial profiling as an action by law enforcement personnel on the basis of an individual’s race, ethnicity, or national origin as opposed to the individual’s behavior or information identifying the individual as being involved in criminal activity. In 2011, the NAACP successfully appealed to the Texas Department of Motor Vehicles to prevent making the Confederate Flag image available on a specialty license plate. http://www.cnn.com/2015/06/18/politics/confederate- flag-license-plate-scotus-supreme-court-case/# http://www.cnn.com/2015/06/18/politics/confederate- flag-license-plate-scotus-supreme-court-case/#

19. Racial and ethnic interest groups, In Texas, Mexican American interest groups are more numerous than groups representing African-Americans. Founded in 1929, the League of United Latin American Citizens is the oldest Latino group. http://lulac.org/http://lulac.org/ LULAC has worked for equal educational opportunities for Latinos and for full citizenship rights. It continues to advocate for bilingual education, adequate public school funding and the Top Ten Percent Rule (A law that guarantees Texas students who graduated in the top ten percent of their high school class automatic admission to all state-funded universities) as well as affirmative action to diversify higher education in Texas. LULAC also successfully lobbied for state funding to open a school of pharmacy at Texas A&M, Kingsville.

20. Racial and ethnic interest groups The Mexican American Legal Defense Fund (MALDEF) uses court action to obtain political equality, equal education, immigration rights and representation for Latinos. http://www.maldef.org/ ; http://maldef.org/about/offices/southwest/ http://www.maldef.org/ http://maldef.org/about/offices/southwest/ Along with other organizations called the Texas Latino Redistricting Task Force, MALDEF and other plaintiffs successfully challenged the redistricting plans created by the Texas legislature after the 2010 Census for Congress and the Texas House of Representatives. The federal court allowed for the creation of two out of four new Congressional districts to be Latino-majority. The court also created an additional Latino-majority district in the Texas House, bringing the number of majority-Latino districts to 34 (out of 150 districts in the state).

21. Social Interest groups: Religious-based groups Religious-based groups: An interest group that lobbies for policies promoting its religious interests. Two religious-based interest groups active in Texas are the Texas Faith Network and the Christian Coalition. Texas Faith Network supports religious freedom, civil liberties and strong public education.

22. Social Interest groups: Religious-based groups Members of the Faith Network seek to promote the positive role of religion in public life through advocacy and community education, including: Involving religious leaders in the political process at the Texas Legislature and the State Board of Education; Working with the media to ensure that the religious right is not the only representative of people of faith in the news; Organizing and publicizing clergy statements on important political issues of the day; and Training people of faith to speak with an effective religious voice on issues facing our communities. http://www.tfn.org/site/PageServer?pagename=clergy_tex as_faith_network http://www.tfn.org/site/PageServer?pagename=clergy_tex as_faith_network

23. Social Interest groups: Religious-based groups Christian Coalition, founded by televangelist Pat Robertson, continues to be one of Texas’ most influential forces. The Christian Coalition engages in political action, mostly with the Republican party, on such issues as abortion, homosexuality, limits on prayer in schools and the decline in the traditional nuclear family.

24. Social Interest groups: Religious-based groups According to its website, the mission of the Christian Coalition is: Represent the pro-family point of view before local councils, school boards, state legislatures and Congress Speak out in the public arena and in the media Train leaders for effective social and political action Inform pro-family voters about timely issues and legislation Protest anti-Christian bigotry and defend the rights of people of faith http://www.cc.org/

25. Social Interest Groups: Religious interest groups In 1995, Cecile Richards, daughter of former Democratic Texas governor, Ann Richards, played a leading role in organizing the Texas Freedom Network to oppose the activities of the Christian Coalition. (Richards is currently director of Planned Parenthood’s national organization) The organization watches the activities of right- wing conservatives, works to get out the vote among liberal and moderate voters and provides an alternative voice to the conservative viewpoint on current issues.

26. Social Interest Groups: Religious interest groups The organization’s blog, The Texas Faith Network, monitors religious leaders of the religious right across the state who tend to influence conservative, mostly Republican leaders. The Texas Freedom network has opposed school vouchers, the teaching of “intelligent design” and other nonscientific “theories” that compete with evolution, and providing biblical study in schools. The organization also has opposed social conservatives on the State Board of Education who influence public school curriculum and textbook content. (watch on Netflix: “The Revisionaries” a documentary about the Texas State Board of Ed that features commentary by The Texas Freedom Network)

27. Social Interest groups: Religious interest groups Other religious interest groups operating in Texas: Texas Industrial Areas Foundation: “Founded in 1940, the Industrial Areas Foundation is the nation's largest and longest-standing network of local faith and community-based organizations. “The IAF partners with religious congregations and civic organizations at the local level to build broad-based organizing projects, which create new capacity in a community for leadership development, citizen-led action and relationships across the lines that often divide our communities.” (from website below) http://www.industrialareasfoundation.org/topics/texas-iaf http://www.industrialareasfoundation.org/content/valley- interfaith-brings-spanish-ged-prep-hidalgo-county http://www.industrialareasfoundation.org/content/valley- interfaith-brings-spanish-ged-prep-hidalgo-county

28. Public Interest Groups Public Interest Group: An organization claiming to represent a broad public interest (environmental, consumer, public participation, public morality). Unlike other interest groups, public interest groups claim to promote the general interests of society, rather than narrower private or corporate interests. Common Cause Texas focuses on governmental and institutional reform, advocating for open meeting laws, public financing for political campaigns, stricter financial disclosure laws and recorded votes in the state legislature. http://www.commoncause.orghttp://www.commoncause.org

29. Texas power groups Texas legislators have identified the interest groups they consider most powerful: Business-oriented trade associations representing Oil and gas industry, Tobacco, Chemical manufacturers, Insurance companies and Railroads

30. Texas power groups Professional associations representing Physicians, Lawyers Teachers Labor unions

31. Texas power groups Power groups in Texas have the following in common: 1. They maintain strong links with both legislators (whose policy decisions affect group members) and bureaucrats (whose regulatory authority affects group members). 2. They are repeat players in politics: they’ve maintained contacts with officials in government for many years 3. They have headquarters in Austin. Example: Texas Medical Association (TMA), representing Texas physicians, formed in 1853, currently with 45,000 members.

32. Interest group activities Interest groups use a wide variety of techniques to influence policy decisions. These techniques include: Lobbying Giving favors and gifts Grassroots activities Electioneering Campaign financing Bribery and other illegal or unethical practices

33. Lobbying Lobbying – Communicating with legislators or other government officials on behalf of an interest group for the purpose of influencing decision makers. Texas Motorcycle Rights Association claims to represent 900,000 licensed motorcycle riders in Texas, including former Gov. Rick Perry. This group is one of several interest groups that hold “Lobby Day” at the Texas capitol. several hundred bikers rode into Austin and members talked with lawmakers about preserving bikers rights. http://www.texastribune.org/2015/01/26/texas-bikers- rally-motorcycle-bills/ http://www.texastribune.org/2015/01/26/texas-bikers- rally-motorcycle-bills/

34. Lobbying For some lobbyists, lobbying is their full-time job. For others, this role is part-time. The most successful lobbyists tend to be former state legislators, legislative aides gubernatorial aids spent years developing relationships with lawmakers, bureaucrats and their staffs learning about formal and informal power in government

35. Lobbying Texas has ranked second behind California in money spent on lobbying state government. According to the Texas Ethics Commission, there were 1800 registered lobbyists during the 82 nd regular session of the Texas Legislature. By late May 2013, 1,663 Texas lobbyists reported that 2,820 clients took out 8,172 paid lobby contracts worth a grand total of $155 million to $328 million.

36. Lobbying Precise value of contracts is unknown because Texas lobbyists report values in ranges (e.g. $100,000 to $149,999). 2013 lobby spending fell short of the $359 million maximum spent at the same point in the 2011 session. http://www.tpj.org/(source: Texans for Public Justice website)http://www.tpj.org/ Data about lobbying including Texas’ Top Lobbying clients: http://info.tpj.org/reports/pdf/Oldest2013WithC over.pdf http://info.tpj.org/reports/pdf/Oldest2013WithC over.pdf

37. Favors and Gifts Common favors and gifts given by lobbyists to legislators and other government officials include Arranging daily or weekly lunch or dinner gatherings Providing free wine, beer and/or liquor Furnishing free airline tickets as well as free tickets to athletic games and other events Giving miscellaneous gifts There are limits placed on the value of “travel gifts” for public officials and soon-to-be elected candidates as well as state employees.

38. Grassroots activities Grassroots lobbying involves mobilizing rank and file members of an organization as well as others sympathetic with the group’s cause to contact office-holders about an issue. Interest groups use grassroots lobbying to create an image of broad public support. The internet, especially social media sites, has emerged as a forum for grassroots lobbying. Interest groups use Facebook, Twitter and blogs to generate information favorable to their cause.

39. Electioneering Electioneering: Active campaigning by an interest group in support of, or opposition to, a candidate; actions urging the public to act on an issue. Interest group participation in the election process takes many forms: Publishing or publicizing the political records of incumbents; Providing favored candidates with mailing lists the candidate can use to solicit campaign contributions and votes; Allowing candidates to speak at the group’s meetings; Public endorsements of a candidate.

40. Electioneering: GOTV Electioneering also involves Getting Out the Vote (GOTV) – the favorable vote Increasing favorable voter turnout involves: mailing campaign propaganda, making phone calls to group members, registering voters, door-to-door canvassing, transporting voters to the polls. Interest group members volunteer their time for these activities for candidates who are likely to support their interests.

41. Campaign Financing: PACS Political Action Committee (PAC): An organizational device used by corporations, labor unions and other organizations to raise money for campaign contributions. PACs are officially registered fund-raising organizations that represent interest groups in the political process Candidates also can have PACS PACS don’t have members ; they have contributors. More than 1700 active PACs were registered in Texas as of 2013. A record 1,364 active Texas political action committees (PACs) spent $126 million in the two-year 2012 election cycle. http://www.tpj.org/search/label/Major%20Reportshttp://www.tpj.org/search/label/Major%20Reports

42. Citizens United and Texas campaign finance law Prior to the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission (2010), Texas had state laws that prohibited corporations and labor unions from contributing directly to political candidates. The Court’s decision in Citizen’s United has rendered these laws unconstitutional.

43. Citizens United and Texas campaign finance law "It is clear that under Citizens United, sections 253.094 and 253.002 of the Election Code cannot be enforced to prohibit direct campaign expenditures by corporations or labor organizations... Thus, for the reasons stated in Citizens United, and in accordance with the legislature’s intent that statutes be enforced in compliance with the constitutions of this state and the United States, we cannot enforce sections 253.094 or 253.002 of the Election Code to prohibit a corporation or labor organization from making a direct campaign expenditure or enforce section 253.002 of the Election Code to prohibit any other person from making a direct campaign expenditure.“ http://www.ethics.state.tx.us/opinions/489.html

44. Bribery and Unethical Practices Bribery and blackmail are neither legal nor ethical but both have been used as lobbying strategies during the history of Texas politics. In the 1970s, the Texas Speaker of the House was convicted of conspiring to accept bribes in exchange for passing legislation favorable to Houston banker Frank Sharp. Following the scandal, the legislature passed a reform law affecting the House Speaker’s race. Nevertheless three subsequent House Speakers, in 1980, 1991 and 2003 were charged with ethics violations.

45. Unethical Practices: Tom DeLay Texan Tom DeLay (R-Sugarland) resigned as majority leader of the U.S. House of Representatives following his indictment in 2005 for money laundering and conspiracy to launder $190,000 of campaign contributions from corporate donors. DeLay resigned from his Congressional seat in 2006. He was convicted in 2011 and given a three year sentence. While free on appeal DeLay appeared as a contestant on Dancing with the Stars. http://www.youtube.com/watch?v=epZlsCTNegw http://www.youtube.com/watch?v=epZlsCTNegw DeLay’s conviction was overturned on appeal and that decision was upheld by the Texas Court of Criminal Appeals, thereby exonerating DeLay of all prior charges.

46. Regulation of Interest Group Politics In 1991, Texas voters approved a constitutional amendment that created The Texas Ethics Commission: a state agency that enforces state standards for lobbyists and public officials, including registration of lobbyists and reporting of political campaign contributions. The Commission has eight members: four appointed by the governor; two appointed by the lieutenant governor and two appointed by the House Speaker. (Speaker of the House of the Texas House of Representatives). http://www.ethics.state.tx.us/

47. Regulation of Interest Group Politics The legislation that created the Ethics Commission also put in place regulations regarding lobbyists and campaign contributions. The ethics law defines as illegal any campaign contribution accepted with an agreement to act in the contributor’s interest. In practice, it can be difficult to prove whether or not a candidate or official accepted contributions from an interest group in exchange for policy benefits. The law also prohibits a candidate or official from receiving a contribution in the Capitol building.

48. Regulation of Interest Group Politics Detailed records of political contributions and how the money is spent must be filed with the Texas Ethics Commission. These records are open to the public and available on the Commission’s website. Current law requires that all candidates file semiannual (twice a year) reports. Contributions and expenditures in the last two days of an election campaign need not be disclosed until the next semiannual report is due.

49. Regulation of Interest Group Politics A study in 2002 by Texans for Public Justice found that 102 candidates in the primary election raised $18.7 million with $1.7million of that amount coming in the last two days before the election took place. At present there are no laws preventing last-minute contributions from interest groups. Interest groups can potentially alter the outcome of key races by making contributions for which the source and amount will not be disclosed until after the election is over. http://www.ethics.state.tx.us/ http://www.ethics.state.tx.us/

50. Regulation of Interest Group Politics On its website, The Texas Ethics Commission lists the names of lobbyists and their clients, as well as payments received by each lobbyist. Lobbyists do not report exact dollar amounts of their contracts, they only need to indicate $15,000 ranges up to $500,000. Above $500,000, lobbyists are required to report exact dollar amounts. Lobbyists also are required to notify their clients if they represent two or more groups with competing interests.

51. Regulation of Interest Group Politics The Texas Ethics Commission is authorized to hear ethics complaints against state officials, candidates for office and state employees, though its budget and staff are small and only allow a limited number of reviews each year. In 2009, the legislature revised the complaint procedure and required that complainants be Texas residents and be able to demonstrate proof of residency. In 2011, the legislature passed a law that weakened the ability of the Commission to impose fines for certain infractions. Under this law a defendant can claim an alleged infraction was a clerical error, make a correction in two-week’s time and avoid paying a fine.

52. Regulation of Interest Group Politics Ethics laws are lacking in one important area: Connections between lobbyists and legislators remain unchecked. When Rick Perry took office, he hired senior staff personnel who had been registered as lobbyists during the previous legislative session.

53. Regulation of Interest Group Politics Texans for Public Justice claimed that special interests had entered the Governor Rick Perry’s office through a revolving back door. Not only had former lobbyists joined Perry’s staff, he also had staff members leave his office to become lobbyists. Governor Greg Abbott entered office saying that ethics reform would be a centerpiece of his first legislative session.

54. Interest group power and public policy The political influence of an interest group is determined by: The size of a group’s membership Its financial resources The quality of its leadership and The degree of unity among the membership (agreement on and commitment to goals) Also, a structure of weak (limited) government will ordinarily produce strong interest groups.

55. Interest group power and public policy Some political analysts believe that states with high population, advanced industrialization, significant per capita wealth, and high levels of formal education are likely to produce weak interest groups and strong political parties.

56. Interest group power and public policy Despite its large population, Texas is among the states with strong interest groups and relatively weak political parties. Social scientists rank Texas as one of 26 states in the nation where interest groups dominate or fluctuate in power over time. The Center for Public Integrity in its analysis of transparency and accountability of the 50 state governments, graded Texas a D+, and ranked it 27 th out of all the states.

57. Interest group power and public policy Why does Texas not fit the expected pattern? 1.Many interest groups in Texas are readily accepted because they identify with free enterprise and self-reliance – elements of Texas’ individualistic political culture. 2.The one-party tradition in Texas – Democratic and then Republican – has all but eliminated competition between the two parties in many counties and districts. The absence of strong parties makes Texas vulnerable to the pressures of interest groups and their lobbyists.

58. Interest group power and public policy 3. The Texas Constitution has created state and local governments whose power is diluted by weak, uncoordinated institutions. In Texas, the government lacks sufficient strength to offer any real opposition and so interest groups can obtain policy decisions favorable to their cause.