The Texas Ethics Commission is under Sunset Review in the 2013 Legislative Session.

Read Sunset Review announcement.

Read TEC Self Evaluation Report.

PAAT Sunset Review Update

During the August Ethics Commission meeting several Commissioners voiced frustration about the Commission not really being an “Ethics Commission” but a “filing and reporting commission”, and they were not happy with that.

Similarly, during the 2011 Legislative Session there was a lot of consternation and frustration from legislators about the focus of the Commission being on “gotcha” complaints and fines.  The number of technical violations about which people are filing complaints is increasing, and the Commission is spending a large percentage of its time and resources processing these types of complaints…and the time required to process a complaint is now about two years.

So the quandary for the Commission and legislators is how to approach Sunset with something that will limit complaints that are really technical and non substantive, and increase the focus on the problems that were really true ethics and “morals” (as one commissioner put it) violations.

What does this all mean for the lobby?  If you look at all the signals, there seems to be a growing consensus that the Commission as it is currently constituted, has no supporters.  Frankly, many of us in our profession view the Commission as a necessary part of what we have to deal with to do our jobs. We strive to understand what the law is and how to follow it. But the “gotchas” in the form of interpretations of the law are what concern us most.  I believe that we should try to simplify and clarify the role and actions of the Commission where we can, but our biggest challenge will be in not ending up the scapegoat for everyone else’s frustrations.

In the next few months we will be asking for volunteers for a committee to work with us on a Sunset strategy. PAAT members – be thinking about whether you are willing to give of your time and efforts in this task. Non-PAAT members – join us in this effort so together we can develop ideas and proposals that recognize the need for rational regulation and transparency of the profession, but do not lead to punitive restrictions and irrational barriers on our ability to do our jobs.