Published: 03-03-08
AUSTIN – A final judgment in a lawsuit against the Association of Counties (TAC) has been entered by a Williamson County District Court that affirms TAC’s constitutional right to work with county officials and state lawmakers to influence legislation that affects county government.
The lawsuit was filed against Williamson County and TAC by members of Americans for Prosperity (AFP) an anti-government organization. Peggy Venable the lead plaintiff is AFP’s Texas director and a registered lobbyist mainly lobbying against local governments and against government regulations including additional smoking bans in public places.
In his injunction issued last October and which is now final Judge Ken Anderson of Williamson County declared that the statute authorizing TAC to collect dues from counties does not prohibit TAC from using non-dues revenue to actively represent county interests at the Capitol.
The net effect is that if TAC does not collect dues or if its dues money is segregated from its other revenues TAC may use those other revenues to lobby against unfunded mandates arbitrary fiscal restraints or other legislative actions that could adversely affect county service delivery.
“Despite Ms. Venable’s press release today TAC never believed it was in violation of the statute. The differences in interpretation of the statute between the court and TAC just became irrelevant when the court ruled that TAC has the right to lobby without restriction if dues are segregated and not used to lobby” said Elna Christopher spokeswoman for TAC.
“This ruling actually declares for the first time TAC’s legal authority to influence pending legislation with non-dues revenue to protect county interests without the restrictions of the statute that authorizes counties to pay dues” said TAC General Counsel Robert Lemens.
