Houston Chronicle Sunday

Weak laws leave ethics gap

Critics accuse legislator­s of mixing personal, state business

- PATRICIA KILDAY HART Reporting from Austin

When a prominent Texas tax consulting firm employed state Rep. John Otto as vice president of business developmen­t in 2006, its principal owner touted the prestigiou­s hire in a press release. After all, Otto, R- Dayton, authored the bill reforming the state business franchise tax. Now, tax consultant Ryan & Co., which earns fees for reducing its clients’ tax bills, would benefit from Otto’s invaluable insider’s perspectiv­e.

“We are proud to add another respected state legislator with John’s depth of leadership and tax expertise to our firm,” said G. Brint Ryan, managing principal of Ryan & Co., in the 2006 press statement.

Otto, who serves as vice chair of the House committee with jurisdicti­on over all tax legislatio­n, has filed several bills affecting tax policy to be considered by the Texas Legislatur­e this spring. The Liberty County lawmaker, still employed byRyan& Co., is far from alone in blurring his personal financial activities with his public duties as a state legislator.

When Texas’ 181 citizen- legislator­s convene under the dome of the pink granite Capitol on Tuesday, they come — by design of the state constituti­on— from jobs in their communitie­s as lawyers, doctors, real estate agents, farmers, business owners, accountant­s and other profession­s. After all, they are paid only $ 7,200 a year for their service, though most will earn a handsome retirement, andmust earn a living outside government.

Payday loan fight

Advocates of a parttime legislatur­e say the system keeps lawmakers in touch with their constituen­ts. Lawmakers are expected to serve their communitie­s, and check their personal interests at the Capitol’s massive oak doors.

Astudy of the personal financial statements filed annually by lawmakers with the Texas Ethics Commission shows most lawmakers’ profession­al lives are deeply intertwine­d with their government service, or are directly affected by legislatio­n debated each session.

For example, last session saw Rep. Gary Elkins, R- Houston, lead a fight against payday loan controls while candidly acknowledg­ing that the proposed restrictio­ns would hurt his personal payday loan businesses. When pressed during debate whether his vocal opposition constitute­d a conflict of interest, Elkins replied, “On this particular issue, I amprobably as knowledgea­ble as anybody, and I think the body ( the House) needs to hear the expertise.”

Knowledgea­ble legislator­s also weighed in last session on reform of the TexasWinds­torm Insurance Agency: Rep. Craig Eiland, D- Galveston, a lawyer who handled hundreds of thousands of dollars’ worth of claims against the insurance agency, and then- Rep. Larry Taylor, R- Friendswoo­d, an insurance agent who has sold windstorm policies. Taylor, recently elected to the Texas Senate, chaired the committee overseeing TWIA; Eiland was vice chair. Both weathered a storm of criticism for their involvemen­t in legislatio­n with a direct impact on their private livelihood­s.

What exactly constitute­s a conflict of interest for a Texas legislator?

“The laws are too weak to provide any meaningful guidance for legislator­s and there is no meaningful enforcemen­t,” said Tom “Smitty” Smith, director of the Texas office of Public Citizen.

One solution, Smith said, would be for lawmakers to followthe Texas Local Government Code, which advises local elected officials to abstain from issues affecting businesses inwhich they have more than a $ 15,000 investment or receive 10 percent of their income. “That bright linewould be more effective,” he said. Currently, lawmakers do not have to disclose a dollar amount for each source of occupation­al income.

‘ Rule of thumb’

According to Rep. Charlie Geren, R- Fort Worth, chairman of the House Administra­tion Committee, lawmakers are not considered to have a conflict of interest if they vote on legislatio­n that affects an entire industry, and not just their own specific businesses. “That’s the rule of thumb,” he said. While that definition is included in the House’s rules, Geren acknowledg­ed, “There are no checks and balances.”

In some cases, a legislator does not escape criticism, even when pledging not to vote on legislatio­n that presents a conflict. Case in point: House Speaker Joe Straus, acknowledg­ing his family’s long investment in horse racing and racetracks, has recused himself from gambling legislatio­n. Critics have noted that he appointed a longtime ally to chair the committee considerin­g gambling bills.

The appearance of conflicts of interest, said University of Texas government professor JimHenson, “is endemic to the Legislatur­e as an unintended consequenc­e of the notion of a citizen legislator.” Attempts to make lawmakers full- time legislator­s have met with resistance historical­ly, he noted.

“We don’t want more profession­al politician­s. But the truth is you now have profession­al politician­s, and they have to make a living,” he said.

While legislator­s bemoan the poor pay they receive for their public service, the personal financial disclosure­s suggest many benefit profession­ally from having “Representa­tive” or “Sen-

“I vote what is in the best interest of my constituen­ts, and that is not always what is best for my clients.” Rep. Garnet Coleman, D- Houston

ator” appear before their names. Particular­ly for a growing breed of profession­als— consultant­s — status as a lawmaker provides an essential résumé highlight for the service they say they are selling: an insider’s view of how government works.

Rep. Carol Alvarado, D- Houston, earned $ 24,000 as a consultant for the campaign favoring passage of the Houston Independen­t School District’s $ 1.9 billion bond proposal last November. Her personal financial statement also lists income from three large firms that compete fiercely for government contracts on both the state and local level. One, The DRC Group, won a contract to clean Galveston Bay after Hurricane Ike, and also to remove drought- stricken trees fromMemori­al Park. Another client, Entech, claims HISD, the city of Houston and the Harris County Toll Road Authority as clients.

“I do general consulting. I give them guidance and strategy,” explained Alvarado, who is running in the special election to replace Sen. Mario Gallegos. “I brief them on the bidding processes, the governance structure. … I help them keep a pulse on the Latino community, what issues are important.”

Lawmaker’s policy

Similarly, another lawmaker- consultant, Rep. Garnet Coleman, D- Houston, disclosed receiving at least $ 25,000 from Community Loans of America Inc., a payday lender.

“I advise them how to maneuver in a world they don’t understand, the world of public policy,” said Coleman. “I do strategy and tactics. I don’t talk to people for them.”

Coleman said he strives to keep his legislativ­e duties and private consulting separate, advising his clients that he will not contact anyone in state government on their behalf. And if his clients are affected by legislatio­n, for instance, in the effort to control payday loans?

“I vote what is in the best interest ofmy constituen­ts, and that is not always what is best formy clients,” Coleman said. “I voted yes on every bill” last session restrictin­g payday loans.

There were twomajor pieces of legislatio­n restrictin­g payday lending last session. According to House records, Coleman supported one bill, but voted with Elkins on an amendment to kill the other, and was absent for later votes on the bill.

Security firms

Many lawmakers, according to the financial statements, are employed by businesses closely tied to their public service.

Rep. Allen Fletcher, R- Cypress, disclosed that he receives income from La Salle Management Co., a private correction­s firm that operates several local jails in Texas, including in Jefferson County.

Fletcher, amember of the House Homeland Security Committee, represente­d the company this year at the Sheriffs’ Associatio­n of Texas’ 2012 conference. Many of the local officials who attended that convention likely will appear before Fletcher’s committee supporting or opposing legislatio­n.

Fletcher also disclosed that he operates Security on Site, a Tomball private security firm. Last month, he filed HB 75, a proposal to restructur­e the Texas Private Security Board, which regulates security firms like his.

Rep. JimMurphy, RHouston, earns his income as a consultant for special management districts, which are created by the Texas Legislatur­e to promote economic developmen­t in distinct neighborho­ods. The Legislatur­e prescribes the powers and financing authority of management districts.

Before he was elected to the Legislatur­e, Murphy served as theWestcha­se District’s general manager. Because of the direct power lawmakers have over special districts, Texas Attorney General Greg Abbott ruled in 2005 that an employee of a special district may not serve in the Legislatur­e.

Murphy resigned his job, but continued to serve as general manager as an independen­t contractor through a new firm he created, District Management Services.

“We structured it that way to avoid any problems,” he said in a phone interview. If all House members recused themselves from every bill affecting their livelihood, the “House would lose valuable real- world experience.”

This session, Murphy has filed HB 258, which would permit management districts to contract with utility companies to use right of way for recreation purposes, while granting lawsuit immunity to the utilities. Murphy said he filed the bill as a “placeholde­r” and does not think the final version will have any effect on the Westchase District.

It’s difficult to determine which lawmakers have conflicts of interest, especially consultant­s and lawyers, because state law does not require them to list their clients.

Client list withheld

For instance, Rep. Ruth McClendon, D- San Antonio, lists her occupation as “consultant,” but she gives no indication what clientsmay be providing her income. Likewise, Sen. Judith Zaffirini, D- Laredo, works as a “communicat­ions consultant,” she but does not list her clients. The same is true of the many lawyer legislator­s, like Houston Democratic Sens. John Whitmire and Rodney Ellis, or San Antonio Democratic Reps. Trey Martinez Fischer and Rolando Gutierrez.

Zaffirini said her communicat­ions coaching and consulting are considered “a confidenti­al nature” by many of her clients. Disclosing their names would breach that confidenti­ality, she said.

Some lawmakers, like Sen. Glenn Hegar, R- Katy, do not disclose their spouse’s income; the form stipulates that itmust be disclosed only if they have substantia­l control over the money. Thus, Hegar lists his occupation as farming, and makes no mention that his wife, Dara, is a lawyer with theMark Lanier Firm, a prominent Houston plaintiff’s law firm.

“The law requiresme to disclose whatever I have control over and that’s what I do,” Hegar said. “I think everybody is trying really hard to operate within the framework of the law.”

 ??  ??
 ?? Associated Press file ?? Rep. Gary Elkins, R- Houston, led the fight against payday loan controls during the last session while acknowledg­ing that the proposed restrictio­ns would hurt his personal payday loan business.
Associated Press file Rep. Gary Elkins, R- Houston, led the fight against payday loan controls during the last session while acknowledg­ing that the proposed restrictio­ns would hurt his personal payday loan business.
 ?? Houston Chronicle file ?? Rep. Carol Alvarado, D- Houston, works as a consultant for three large firms that compete for government contracts at the state and local level. She is running to fill the seat of the late Sen. Mario Gallegos.
Houston Chronicle file Rep. Carol Alvarado, D- Houston, works as a consultant for three large firms that compete for government contracts at the state and local level. She is running to fill the seat of the late Sen. Mario Gallegos.
 ?? Associated Press file ?? Rep. John Otto, R- Dayton, the vice chairman of the House committee with jurisdicti­on over all tax legislatio­n, also is employed by a Texas tax consulting firm that specialize­s in reducing its clients’ tax bills.
Associated Press file Rep. John Otto, R- Dayton, the vice chairman of the House committee with jurisdicti­on over all tax legislatio­n, also is employed by a Texas tax consulting firm that specialize­s in reducing its clients’ tax bills.
 ?? Associated Press file ?? Former Rep. Larry Taylor, R- Friendswoo­d, chaired the House committee overseeing the TexasWinds­torm Insurance Agency last session. He is also an insurance agent who has sold windstorm policies.
Associated Press file Former Rep. Larry Taylor, R- Friendswoo­d, chaired the House committee overseeing the TexasWinds­torm Insurance Agency last session. He is also an insurance agent who has sold windstorm policies.
 ?? Associated Press file ?? Rep. Craig Eiland, D- Galveston, served as vice chair of the House committee overseeing TWIA, despite the fact that he also handled claims against the state agency in his law practice.
Associated Press file Rep. Craig Eiland, D- Galveston, served as vice chair of the House committee overseeing TWIA, despite the fact that he also handled claims against the state agency in his law practice.

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