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Tax Funded Lobby Groups Ruled Illegal (Americans For Prosperity vs Texas Association of Counties)
www.RightOnTopic.com ^ | 1/8/2007 | Chris Stevens ref Peggy Venerable

Posted on 01/08/2007 11:09:28 AM PST by GulfBreeze

This couldn't be better news at a better time. The following news release from Americans For Prosperity (AFP) is like a little water to parched lips in the desert.

They, AFP, just won a lawsuit in Texas’ 277th District Court seeking injunctive relief from counties spending taxpayers' dollars on membership to organizations that lobby (for higher taxes).

The Texas Association of Counties may offer some tremendous consulting and guidance services to counties in Texas but along with that they are avid lobbyists in Austin for higher taxes and against any sort of property tax appraisal reform. They, along with their cohorts like The Texas Municipal League and various other quasigovernmental membership groups, have repeatedly stood in the way of grassroots, citizen driven efforts to see reforms and tax relief pass through the legislature in Austin, Texas. This ruling is a great blow for the much used, abused and ignored little guy in Texas, the citizen taxpayer.

Anyway read-up, take it slow and enjoy.

One last thing before the release; kudos to Galveston County’s Tax Collector Cheryl Johnson, The Taxpayer’s Advocate, for special mentions below. She is an asset and deserves a lot of support.



Americans for Prosperity Statement on Ruling;
Lawsuit Against Williamson County and the Texas Association of Counties
For Using Taxpayer Dollars for Lobby Association Dues


AUSTIN – Today, Americans for Prosperity-Texas Director Peggy Venable issued the following statement regarding the opinion issued today from 277th Judicial District Court Judge Ken Anderson:

“We applaud the ruling which came out today as a victory for taxpayers. The ruling acknowledges that the Texas Association of Counties has been operating outside the law and that counties cannot use general revenue funds to join associations which lobby. We will continue to fight to protect all tax dollars from being used to lobby.”

“Though this action is against one association, we are aware this practice is widespread. We will work to see that state law is upheld and we are also committed to eliminating all public dollars from lobbying activities.”

“Taxpayers should not be forced to finance lobbying activities. Taxpayer-funded groups lobby for more of our tax dollars and oppose taxpayer protections. It is a vicious cycle, and it’s fiscally, morally and ethically wrong”.

Background:
Several Texas members of the grassroots organization Americans for Prosperity filed a lawsuit in June 2005 against Williamson County for violating a state law that prohibits using general revenue funds to join organizations that lobby the state legislature.
Peggy Venable, Texas director of Americans for Prosperity, joined AFP members Janice Brauner and Judy Morris, in filing the lawsuit.

The lawsuit asserts that Williamson County has used general revenue funds to support county associations, including the Texas Association of Counties (TAC). TAC employs registered lobbyists and participates in lobbying activities.

Texas Local Government Code statute 89.002 states that “The commissioners court may spend, in the name of the county, money from the county’s general fund for membership fees and dues of a nonprofit state association of the counties if...neither the association nor an employee of the association directly or indirectly influences or attempts to influence the outcome of any legislation pending before the legislature...”

In the recent legislative session, county associations, funded with public dollars, opposed taxpayer protections that would have provided greater public accountability and transparency that would have helped end “taxation by valuation” and would have provided “truth in taxation.” The county associations joined the cities’ lobby and opposed both appraisal and revenue caps.

Lobbying with taxpayer dollars costs Williamson county residents approximately a half million dollars in the past 10 years, Venable said. AFP estimates that millions of public dollars are spent on lobbying in each session.

One of our Founding Fathers found this practice objectionable. Thomas Jefferson said, “To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.”

Attorneys representing the plaintiffs are David Rogers and former Supreme Court Justice Steven Wayne Smith, Texas Legal Foundation.

"The Texas Legal Foundation is pleased to represent the plaintiffs in this case because we believe in the principles of government accountability, limited government spending, the rule of law, and representation of the people through their elected representatives," Smith said. "We believe that all these principles are endangered when taxpayers are illegally taxed in order to pay lobbyists to persuade the Legislature to raise taxes."

“We need more public officials like Cheryl Johnson, County Tax Assessor and Collector for Galveston County, who said that the county associations’ responsibility should be to educate and assist the counties and not to lobby,” said Venable.

“This is an unusual action for AFP and represents the first lawsuit we have been involved in,” Venable said. “But we wanted this to be a wake-up call to elected officials that taxpayer money should not be used for lobbying.”

Venable also cited other taxpayer-funded lobbying activities, though not in violation of state law, as inappropriate use of tax dollars. She cited the City of Austin as having 26 lobbyists listed with the Texas Ethics Commission; the City of Houston has 23; Dallas Independent School District has eight, the Texas Municipal League has 14 and the Texas Association of Counties has nine lobbyists. In comparison, the Texas Association of Business – essentially the state chamber of commerce – during that same time span had only five lobbyists.
# # #
Americans for Prosperity (AFP) is a nationwide organization of citizen leaders committed to advancing every individual’s right to economic freedom and opportunity. AFP believes reducing the size and scope of government is the best safeguard to ensuring individual productivity and prosperity for all Americans. AFP educates and engages citizens in support of restraining state and federal government growth, and returning government to its constitutional limits. For more information, visit
www.americansforprosperity.org

Labels: , ,

posted by Chris Stevens at 9:29 AM  


TOPICS: News/Current Events; Politics/Elections; US: Texas
KEYWORDS: americans4prosperity; corruption; govwatch; kochbrothers; lobby; lobbyists; taxdollarsatwork; taxes; taxrelief; youpayforthis

1 posted on 01/08/2007 11:09:32 AM PST by GulfBreeze
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To: GulfBreeze
I just got a letter from Oklahoma Senator Tom Coburn on behalf of Americans for Prosperity. They were asking for donations to support an ad campaign opposing "earmarks" and to expose wasteful spending projects like "the Bridge to Nowhere". Sounds like a great organization.

I'm Tom Coburn fan, so they got a donation from me.

2 posted on 01/08/2007 11:22:42 AM PST by sawoody
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To: GulfBreeze

Nice win!


3 posted on 01/08/2007 11:23:31 AM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: GulfBreeze

... injunctive relief from counties spending taxpayers' dollars on membership to organizations that lobby (for higher taxes)

---

Good news.
Sounds like the right decision to me.


4 posted on 01/08/2007 11:32:46 AM PST by NormsRevenge (Semper Fi ......)
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To: 1riot1ranger; Action-America; Aggie Mama; Alkhin; Allegra; American72; antivenom; Antoninus II; ...

Texas/Houston PING


5 posted on 01/08/2007 11:36:21 AM PST by weegee ("Vote Obama - For More Ears!")
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To: GulfBreeze

I expect Dan Patrick and perhaps Harris County Tax Assessor Paul Bettencourt to be on KSEV 700AM (Houston, not sure of the Dallas station) to discuss this (both will be happy) 4pm-6pm CST.

Streaming online at:

http://www.ksevradio.com/


6 posted on 01/08/2007 11:41:19 AM PST by weegee ("Vote Obama - For More Ears!")
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To: GulfBreeze

Wish it applied to Maine. We just had a taxpayer initiative killed because the Maine Municipal Assoc used a vast amount of taxpayer money to fight the measure. The grass roots were outspent 4 to 1 by the MMA and the unions.


7 posted on 01/08/2007 11:59:27 AM PST by Jim Verdolini
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To: GulfBreeze
“We need more public officials like Cheryl Johnson, County Tax Assessor and Collector for Galveston County, who said that the county associations’ responsibility should be to educate and assist the counties and not to lobby,” said Venable.

Way to go Cheryl!


8 posted on 01/08/2007 12:02:53 PM PST by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: weegee; GulfBreeze
Excellent news!

Paul Bettencourt, Harris County Tax Assessor-Collector, was already talking about this ruling this morning on talk radio stations KSEV AM 700 (Houston) and KVCE AM 1160 (Dallas). Bettencourt was on with Edd Hendee (Houston) and Pat Gray (Dallas) during their jointly-broadcast morning show (7 a.m. - 9 a.m.). By the way, both radio hosts begin their separate broadcasts for the respective cities at 6 a.m. Mon-Fri

They also mentioned that the CLOUT lawsuit (Citizens Lowering Our Unfair Taxes) is still alive and moving through the appeals process. That is the lawsuit against Governor Rick Perry, Comptroller Carol Keeton Strayhorn, and the Legislative Budget Board (which includes Lt. Gov. David Dewhurst and House Speaker Tom Craddick) designed to force state government to comply with strict spending limits written into the Texas State Constitution.

This latest ruling on Tax Funded Lobby Groups provides impetus to continue the fight and increases hope that the CLOUT lawsuit will yield results.

9 posted on 01/08/2007 12:05:06 PM PST by Unmarked Package (Amazing surprises await us under cover of a humble exterior.)
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