The Texas Ethics Commission came under fire, appearing before the mostly Republican Senate Committee on State Affairs Wednesday.
“If you are untouchable, we have a problem,” Senator Brian Birdwell, R-Granbury, told the agency’s two top officials.
He went on to compare the Ethics Commission to airport security. “You’re absolutely necessary,” said Birdwell, “but you’re making it pretty damn unpleasant.”
He asked the chairman of the Ethics Commission who ensures the Ethics Commission is ethical.
“The only guidepost that we have is the law,” said Chase Untermeyer.
Senator Joan Huffman, R-Houston, was also critical of the commission’s priorities—alleging the Ethics Commission has the power to try strong-arm Texas lawmaker or act as lobbyists.
Huffman asked, Untermeyer if he or other members of the Ethics Commission should be treated differently, “Because you’re not appointed or confirmed by the Senate, or elected?”
In response, Untermeyer said the eight-member commission has a “unique status” but that doesn’t mean they should be treated differently. Untermeyer added that “it’s up to the legislature to choose to make the members accountable.”
Untermeyer also said he would challenge any allegations that the commission has exceeded the bounds of its authority.
Liberal watchdogs were not surprised to see the commission get grilled for more than an hour.
The Director of Texans for Public Justice, Craig McDonald said Republican Senators “attacked” Chairman Untermeyer for enforcing the law. McDonald added he thinks the commission has done a good job, “Now we wish there were more laws out there that they could enforce,” he said.
McDonald and other ethics reform groups argue the Ethics Commission needs more power to shine light into the dark corners of the Capitol.
The commission keeps an eye on Texas politics to make sure public officials and campaigns obey the state’s ethics and election laws.
At Public Citizen-Texas, Tom “Smitty” Smith said, “Legislatures are bought and sold by their large contributors and it’s time we put a stop to it.”
The hearing came as the Ethics Commission is in the middle of a long-running battle with conservative groups over campaign finance laws. Set up as non-profit organizations, some of those groups are not required to disclose donors.
McDonald said, “In a democracy of 26 million people, 200 people really control the electoral politics of the state.”
The groups being probed by the commission have supported Birdwell and Huffman over the years. Those groups are also calling for an overhaul of the Ethics Commission.
Birdwell said, “None of us want to stand up here and say we are not for ethics.” He added that “wanting ethics doesn’t give free reign to shall I say haughty or arrogant performance of duty,” said Birdwell.
At the start of this year Governor Greg Abbott said he will ask the legislature to revisit ethics reform in the upcoming session. That was after a sweeping reform failed to pass the senate in 2015—an issue the governor had named a priority.
Smitty and McDonald teamed up with Common Cause Texas to form a coalition known as “Integrity Texas.”
The coalition outlined an 11-point reform plan that calls for new laws that would tighten campaign finance laws, eliminate conflicts of interest, and require public officials to disclose personal financial statements.
Smitty said, “Every time a special sweetheart deal is made, your taxes go up to pay for somebody else getting wealthy.”