Governor Rick Perry just vetoed SB 219, which was the Ethics Commission sunset bill but also contained many objectionable provisions. Perry’s objections were as follows:
SB 219 contains several important changes to the state’s ethics laws, especially those relating to the sworn complaint process. However, these positive changes are outweighed by several provisions added late in the legislative process without an open and honest discussion.
The last-minute addition of a resign-to-run requirement for members of the Railroad Commission would change the structure of a constitutional agency without the consent of Texas voters. Any effort to amend a constitutional office should go to a vote of the people.
This bill would also strip a journalist’s testimonial privilege if the journalist has made direct political expenditures, or is affiliated with entities that make such expenditures.
SB 219 also allows the Ethics Commission to set an annual document filing fee for candidates and groups who file campaign finance reports. Candidates should not be charged for participating in a process intended to be transparent, to pay for a state agency. The legislature should continue to set the fee to run for office in a transparent and open way, rather than leave that to a state agency.
The Legislature had an opportunity, through the Sunset review process, to make needed changes to our campaign finance, lobby and financial disclosure laws – changes that are needed to modernize laws while still protecting our rights and providing for transparency. I urge the Legislature to look closely at our ethics laws during the interim in an open, deliberative and transparent way, so that all voices are heard and all proposals are thoroughly discussed.
I wrote previously about the problems with the “resign to run” provision targeting the Railroad Commission alone (see here and here), the new free speech tax (document filing fee), and the unnecessarily onerous broadcast disclosure provisions. Perry cited another curious provision that I hadn’t gotten around to writing about yet: the removal of the testimonial privilege for certain journalists. I’ll follow up with more analysis. This bill was loaded with ridiculous provisions demonstrating a lack of respect for free speech and association.