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November 24, 2024
NEWS DIGEST
by Brandon Waltens
Good morning,
The Texas Ethics Commission has been criticized in a scathing new Sunset Advisory Commission Staff Report. Released before the Sunset Commission’s public hearings next month, the report paints a troubling picture of inefficiency, outdated practices, and burdensome processes that often punish those attempting to comply with the law.
For years, critics have accused the TEC of overreach and poor governance, but previous reviews largely sidestepped these allegations. This latest report, however, doesn’t hold back, laying bare the agency’s systemic failures while paradoxically recommending reduced judicial oversight—a proposal raising alarms among advocates for due process.
The report identifies numerous issues that have plagued the TEC for years, including a sworn complaint process described as inefficient and overly punitive. According to the findings, the agency spends significant resources pursuing minor technical violations while failing to prioritize more serious ethical breaches. This approach has left many citizens unfairly stigmatized as ethics violators simply for trying to engage their government.
Among the report’s criticisms:
A System that Punishes Compliance: The TEC’s processes are so cumbersome that even innocent filing mistakes can result in penalties that damage reputations and cause undue stress.
Outdated technology: The TEC’s electronic filing system is described as clunky and ineffective, with users reporting difficulties navigating the system.
Unclear rules: Confusing and outdated regulations frequently trip up filers, leading to penalties for errors as minor as submitting a report just minutes late.
“Confusion about reporting and other disclosure requirements can lead to serious consequences for filers. Even if a filer makes a simple error or submits a report just minutes late, these mistakes are often violations under the law that carry civil penalties,” the report states.
“The consequence of [the] statute’s overall lack of clarity means those found in violation of the state’s disclosure laws may be stigmatized as ethics violators regardless of the seriousness of the violation in question. This can distort voters’ perception of candidates and public officials, potentially influencing their decisions at the ballot box.”
The report cites testimony from frustrated filers who described the system as “insanely complicated” and designed to create a “gotcha’ situation.”
This is not the first time the TEC has been accused of overreach. In 2013, then-Chairman Jim Clancy admitted that those trying to comply with disclosure laws are often the ones penalized, while individuals who avoid the system entirely face little consequence. His vice chairman, Paul Hobby, echoed this sentiment, describing the emotional toll on citizens penalized for minor mistakes.
“You ought to see these people who leave our meetings in tears,” Hobby said. “They can’t sleep at night, they hire a lawyer they can’t afford. … They swear, ‘I’ll never participate in the process again.’”
Despite its criticism of the TEC, the report makes a recommendation to weaken judicial oversight of the agency. Currently, TEC decisions can be appealed in district court through a de novo review process, which allows for a fresh examination of cases. The staff report suggests replacing this standard with a “substantial evidence” review, which would significantly limit the court’s ability to challenge TEC rulings.
Tony McDonald, a free speech attorney, called the report “shocking.”
“Many Texans are shocked to learn that we have secret speech police that operate out of the basement of the Texas Capitol. But if you say the wrong thing about candidates or elections or legislation without filing the correct forms, you’ll learn quickly about the TEC,” said McDonald.
“The Sunset staff report is shocking in two regards. First, it lays bare that the agency is abusing Texans’ First Amendment rights. Second, it recommends less oversight and judicial review for the speech regulators, not more. We have a huge problem, and if Texans don’t get in the fight, it’s about to get even worse.”
The full report can be read here.
The Sunset Commission will hold hearings with public testimony on December 11 and 12.
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