Upon completing this chapter, you will be able to… 1. Evaluate the role of interest groups in Texas.
Chapter 7 discussed various forms of participation in the political process. Being an active member of an interest group is yet another form of political participation and a way to exert influence on the government. Chapter 7 also demonstrated that voter participation in Texas is relatively low. This lack of citizen involvement in elections leads to a corresponding increase in the importance and influence of interest groups in Texas politics. Indeed, it is frequently not the individual, or even the more broadly defined “public opinion,” that influences government, but rather these interest groups that have the ear of public officials. However, interest groups are not necessarily “others” but are often “us” as we act in concert with like-minded or similarly interested citizens.
An interest group is an organization of individuals sharing common goals that tries to influence governmental decisions. This term is often used interchangeably with the term “lobby group,” although lobbying is a specific activity or technique (discussed later) whereby interest groups attempt to influence legislation. Sometimes the term political action committee (PAC) is also used to refer to interest groups. PACs are organizations that collect and distribute money to candidates and, as such, are a more specialized kind of interest group. Often, broad-based interest groups have PACs associated with them.
Interest groups play an important role in a democratic society. They are capable of exerting both positive and negative effects on political processes and outcomes. Public attention is often drawn to the negative influences; however, interest groups and their activities are protected by the First Amendment to the U.S. Constitution, which provides for the people's right “peaceably to assemble, and to petition the Government for a redress of grievances.”
Early observers of American politics realized the importance of these political associations. In 1787, James Madison, writing under the name Publius in Federalist No. 10, predicted that interest groups or factions would play a significant role in American politics. Madison believed that the diversity of economic and social interests in an “extended republic” would be so great, and so many factions would form, that no one group would be able to dominate. Madison's observation regarding the diversity of national interests applies to most individual states as well—especially large and populous states such as Texas. Alexis de Tocqueville, writing in 1835, commented on the formation of interest groups in American politics and their importance in increasing individual influence.1 De Tocqueville's observation to some degree confirmed Madison's predictions.
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James Madison, c. 1821.
Interest Group Typology
Considering the great diversity of economic and social interests in the country and the state, it would not surprise Madison that a vast array of interest groups exists throughout the United States and in Texas. Interest groups may be formed for any reason and may represent any interest. Many of these groups have both national and state organizations. The National Rifle Association (NRA), the U.S. Chamber of Commerce, Mothers Against Drunk Driving (MADD), and the National Education Association (NEA) are all examples of groups that are active on both the national and state levels.
The diversity of interest groups applies not just to the range of topics they address, but also to their form of organization and other characteristics. For instance, some groups are permanent organizations with full-time, well-financed professional staffs; others are temporary organizations that fade out of existence after their issue is resolved. Groups advocating property tax reform, insurance reform, and amendments to state constitutions are examples of such temporary groups. Groups can represent a single person, a large number of people, a private company, an entire industry, or even government employees and officials.
There are three broad categories of interest groups (see Table 10.1.)Membership organizations are private groups whose members are individual citizens or businesses. Nonmembership organizationsrepresent individuals, single corporations, businesses, law firms, or freelance lobbies; they do not have broad-based citizen support.Government organizations represent local government (city, county, school board, special districts) as well as state and federal agencies. Membership in these organizations ranges from local elected officials (such as mayors and council members) to government employees (police officers, firefighters, and federal and state employees).2

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Membership Organizations
Membership organizations within the state are devoted to a wide range of both economic and noneconomic interests. Peak business associations are interest groups that represent statewide business interests. These groups primarily try to promote their members' interests. They also present a united front against policies that do not promote a “good business climate” in the state. Examples include the state Chamber of Commerce, the Texas Association of Manufacturers, and the National Federation of Independent Business Owners. Such groups are often the most active at the state level and are generally well financed. Page 241
CORE OBJECTIVE | Thinking Critically …Review Table 10.1. Are you a participant in a membership organization? If so, how does the organization represent your interests? If not, how are your interests represented at the state and federal levels of government? |
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Trade associations differ from peak business associations in that they represent more specific business interests. Texas has many such groups. Two trade associations often considered among the more powerful are the Mid-Continent Oil and Gas Association, representing oil and gas producers, and the Good Roads Association, which represents highway contractors.
Given the importance of agriculture to the Texas economy, it is not surprising that there are multiple types of agricultural interest groups. First are those that represent general farm interests. The Texas Farm Bureau represents large agricultural producers in the state, whereas the Texas Farmers Union represents family farms and ranches. Second are organizations that represent commodity groups, such as cotton growers, cattle raisers, chicken raisers, and mohair producers. The third type of agricultural interest group represents suppliers to the above-mentioned producers. These groups include, for example, cotton ginners, seed and fertilizer producers, and manufacturers and sellers of farm equipment.
Retail trade associations are another type of trade group. The primary goal of these groups is to protect their trades from state regulations that the groups deem undesirable and to support regulation favorable to the groups' interests (what some would consider “rent seeking” behavior, as we will discuss later in the chapter). Examples of retail trade groups are the Texas Apartment Association, the Texas Automobile Dealers Association, the Texas Restaurant Association, and the Association of Licensed Beverage Distributors.
Professional associations differ from trade associations in two ways: (1) members typically hold a professional license issued by the state, and (2) the state regulates their scope of practice. These groups represent professionals such as physicians (the Texas Medical Association) and attorneys (the Texas Trial Lawyers Association). In addition, other organizations represent the interests of architects, landscape architects, engineers, surveyors, plumbers, accountants, librarians, barbers, hairdressers, cosmetologists, funeral directors, dentists, nurses, chiropractors, optometrists, pharmacists, podiatrists, clinical psychologists, veterinarians, and many other professions.
Although medical, legal, and other aforementioned professions generally fall under the private sector, public school educators (who, ultimately, are government employees) are part of the public sector. There are multiple interest groups related to education. One such group (which is also the largest professional group in the state) is the Texas State Teachers Association (TSTA). Affiliated with the National Education Association, TSTA is well organized and generally considered to be politically liberal. The group's cohesiveness varies; TSTA members sometimes present a united front, but at other times have been known to fight among themselves. The Association of Texas Professional Educators (ATPE) is a more conservative organization representing some teachers in the state. It was formed to counter the TSTA and has strong associations with the Texas Republican Party.
The Texas High School Coaches Association (THSCA) is an example of a specialized “educational” association. In a state where football is a Friday night tradition, this organization has some political clout. In 1984, Texas enacted the “no-pass/no-play” law, requiring students to pass their classes or be barred from participating in athletic and other extracurricular events.3 The THSCA formed a PAC to combat this rule, earning them the moniker “Flunk-PAC.”4
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In other states, groups representing state and local employees are classified as public-sector labor unions. However, Texas does not give public employees the right to bargain collectively. Collective bargainingis a process of negotiation “between an employer and a group of employees so as to determine the conditions of employment.”5 If collective bargaining existed in Texas, organizations representing government workers would be able to force the government to enter into such negotiations and reach an agreement. Because Texas lacks collective bargaining, public-sector employee organizations are merely professional associations rather than labor unions.
In many industrialized states, organized labor unions have traditionally been important and powerful interest groups, although their influence has declined in recent years. In Texas, private sector labor unions do exist; however, they are not powerful and represent only a small fraction of workers. Except in a few counties on the Texas Gulf Coast, where organized labor represents petrochemical workers and longshoremen, organized labor in Texas is very weak. According to the Bureau of Labor Statistics, 5.2 percent of wage and salaried employees in Texas belonged to labor unions in 2011.6 As in most of the South, strong antiunion feelings are very much a part of the traditionalistic/individualistic political culture.
Texas is one of 24 states with right-to-work laws.7 According to these laws, “a person cannot be denied employment because of membership or nonmembership in a labor union or other labor organization.”8 Among other things, these laws prohibit union shops where all workers are required to join the union within 90 days of beginning employment as a condition of keeping their jobs (see Map 10.1). Compare this map with the political culture map in Chapter 1.

MAP 10.1States with Right-to-Work or Antiunion Laws
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As previously stated, interest groups are not limited to focusing on economic interests; they can address social issues as well. One type of noneconomic organization relates to the special interests of minorities or ethnic groups. These groups are primarily concerned with advancing civil rights, ending discrimination, improving government services, and gaining economic and political equality for those they represent. The two most active ethnic groups in the state of Texas are Hispanics and African Americans. Hispanics are represented by a variety of groups that are sometimes at odds with each other. The League of United Latin American Citizens (LULAC) is the largest such group in the state. Other organizations include Mexican American Democrats (MAD), the Mexican American Legal Defense and Education Fund (MALDEF), and the Political Association of Spanish-Speaking Organizations (PASSO). The National Association for the Advancement of Colored People (NAACP) and the Congress of Racial Equality (CORE) represent African Americans in Texas and throughout the United States.
Another type of social interest group is religious groups. These groups have a long history in Texas. In the nineteenth century, fundamentalist Protestants in Texas, believing alcohol consumption to be immoral, supported the nationwide temperance movement to prohibit the production and sale of alcohol.9 These religious groups advocated the passage of local option laws, allowing communities to vote on whether alcohol sales would be legal in their area. These local option elections persist to this day, and 22 Texas counties are currently “dry,” not permitting alcoholic beverage sales anywhere in the county.10
In recent years, too, fundamentalist Christian groups have been quite visible on the national stage as well as in Texas. Organizations such as the Christian Coalition attempt to promote antiabortion campaigns, abstinence-based sex education, home schooling, a school voucher system, and prayer in schools, among other issues. These groups have had some success at using government to promote their agenda. The Texas State Board of Education, which oversees some aspects of school policy statewide, including textbook selection and curriculum, is composed of 15 elected members. Within the past decade, Christian fundamentalists were thought to control a majority of seats on the board. In fact, in 2009 and 2010, the board generated controversy by approving changes to the science and social studies curricula consistent with more conservative or religious views. However, by 2011, the number of “conservative Christians” on the board had declined to six.11Fundamentalist groups are also active within the state Republican Party.
Over the past several decades, the Catholic Church has become active in Texas state politics. This activity, primarily among Hispanic Catholics, is motivated by concerns about economic advancement, local services, and abortion. In San Antonio, the Catholic Church was a driving force behind the creation of Communities Organized for Public Service (COPS). This organization successfully challenged the Good Government League, which had dominated city elections for decades.12 In the Rio Grande Valley, the Catholic Church was a driving force in the formation of the Interfaith Alliance. In the El Paso area, the Interreligious Sponsoring Organization was created to advance Hispanic interests. In the summer of 2012, the Catholic Church sued President Barack Obama over the Patient Protection and Affordable Care Act, also called “ObamaCare,” alleging the new health care law violates religious liberties by mandating contraception coverage.13 Several dioceses in Texas were among those filing suit.

Demonstrators gather outside the Capitol building to protest the passage of President Barack Obama's health care reform bill. With the Democratic Party in control after the 2008 election, conservatives became more outspoken in exercising their right to protest.
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Public interest groups represent causes or ideas rather than economic, professional, or governmental interests. Many of these Texas organizations have national counterparts—for instance, Mothers Against Drunk Driving (MADD), the National Organization for Women (NOW), the National Right to Life Committee, the Sierra Club, the American Civil Liberties Union (ACLU), the Institute for Justice (IJ), Common Cause, the League of Women Voters, and Public Citizen. These groups usually limit their support or opposition to a narrow range of issues.
Nonmembership Organizations
Nonmembership organizations (which do not have active members but rather represent a single company, organization, corporation, or individual) form the largest category of interest groups. Even a cursory glance at the list of organizations registered with the Texas Ethics Commission in Austin reveals hundreds of these groups. For example, Chili's Grill and Bar in Dallas, El Chico Corporation, and H. Ross Perot are all registered as interest groups with the Ethics Commission. Many law firms, including Locke Lord, also can act as “hired guns” available to represent a variety of interests in the state.
Government Organizations
In this typology, government organizations are considered separately from membership groups, even though some government organizations have active members. The members of these state and local interest groups (SLIGs) are government employees and officials; however, the interest groups represent the organization, not the interests of individual members.
The goal of these groups is to protect local government interests from actions of the state legislature, the governor, and state agencies. Examples include the Texas Municipal League, the Texas Association of Police Chiefs, the Combined Law Enforcement Association of Texas, the Texas Association of Fire Fighters, the City Attorneys Association, the Texas Association of County Officials, and the Texas School Board Association.

Member of the ACLU
Techniques Used by Interest Groups
For interest groups to accomplish their goals, they must have an influence on government and public policy decisions. How do they exert this influence? Interest groups use a variety of techniques to further their agendas; the type of technique employed depends on the type of group and the resources available to that group.
Lobbying
Perhaps the best known and most common technique used by interest groups is lobbying the state legislature. Lobbying is the practice of trying to influence members of the legislature. The term “lobbying” originated from the fact that commonly, in the past, legislators did not have their own private offices; their workspace was a desk on the floor of the house or senate chamber. Since access to the chamber floor was limited to members of the legislature, those wanting to speak with legislators had to catch them in the lobby of the capitol building. Thus, the term “lobbying” grew out of this practice of waiting in the lobby of the legislative chamber.
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Today, lobbying involves much more than this ambush-style meeting. The following activities, all aimed at convincing legislators to promote an interest group's agenda, are included in lobbying efforts: * Contacting members of the legislature before the session begins * Convincing members of the legislature to file a bill favorable to the group * Testifying before a committee, informing legislators of the effect a bill will have on their district * Keeping group members informed about legislative activities * Asking members of the group to contact legislators (email or phone campaigns) * Issuing press releases and buying newspaper and television ads * Presenting written material to members of the legislature14
This last activity serves a particularly important function in Texas politics. Interest groups often provide research findings to members of the legislature and their staffs. This information can obviously be self-serving, but it is often accurate and can be an important resource for state legislators. An interest group that produces good, high-quality research and information can have a positive impact on public policy. Over the years, several business-sponsored groups in Texas have developed a reputation for providing quality research and information to the Texas legislature. A Texas lobbyist recently confided to one of this book's authors just how important such a reputation is and how well it must be guarded. This desire to maintain integrity acts as a much-needed self-check on lobbyists' behavior.
Lobbying efforts take place throughout the year, although there are periods of particularly intense activity. Because the Texas legislature meets every two years for 140 days, most lobbying efforts are concentrated during the regular legislative session. However, lobbying does not stop when the legislature adjourns. All legislatures, including the one in Texas, perform some activities between regular sessions, and interest groups attempt to influence interim committees and other special activities of the legislature. Lobbyists also try to build knowledge and political capital between sessions. As two Texas lobbyists, Jim Grace and Luke Ledbetter, recently noted in the Houston Lawyer, “The session is simply too busy to build long-standing relationships while it is in progress. Only through continued hard work in the interim can you understand the personalities of the members, the unique needs of the constituents in their districts, and the issues about which they are passionate.”15 Moreover, most legislation requires the governor's signature. Persuading the governor either to sign or to veto a bill is an important part of lobbying activity.
Highlight
Grace and Ledbetter's Rules and Tricks of the Lobbying Trade 1. NEVER lie to a member of the legislature. 2. Preparation. Preparation. Preparation. 3. Know what you don't know and be willing to admit it. 4. There are some things you can't control. 5. Information is the currency of the realm. 6. “Only speak when it improves the silence.”16
Page 247 7. Don't write it down (and especially don't put it in an email) unless you are comfortable waking up and seeing it as the headline on the front page of the Houston Chronicle. 8. The “Reply to All” button is not your friend. 9. Be prepared to forge strange alliances. 10. Compromise when you can; hold firm when you must. 11. Never ask members for a vote you know they can't take back to the district. 12. Be ever-present at the Capitol during session. 13. Know the calendar rules better than anyone else. 14. Money will never buy you a vote. 15. Treat everyone with respect. 16. Legislation (like water) takes the path of least resistance: do everything possible to make a staffer's life easier. 17. And finally, remember that “[n]o man's life, liberty, or property are safe while the legislature is in session.”17
Source: Jim Grace and Luke Ledbetter, “The Lobbyist,” Houston Lawyer(September/October 2009), 10. Available online athttp://www.thehoustonlawyer.com/aa_sep09/page10.htm.
A good example of interest groups convincing the governor to veto a bill occurred during the 2009 session. Small retail merchants worked to pass a bill requiring online companies to collect sales taxes for their sales. The governor vetoed the bill, leading to accusations that he was being influenced by the big online retailers, but he countered that he was against raising taxes. In 2012, the Texas comptroller reached an agreement with Amazon.com about collecting taxes for its online sales. This still leaves many small businesses at a disadvantage to online sales companies, but few consumers complain about the lower prices.
After the governor signs a bill, an administrative agency will need to enforce the applicable law. Lobbying can also be directed toward administrative discretion in law enforcement. Interest groups expend great effort to influence how agencies interpret and enforce laws. If individuals friendly to the interest group are appointed to governing boards and commissions, enforcement of the law can be eased considerably.
Lobbyists can be classified into five types: (1) Contract lobbyists are hired to represent a client. Most represent more than one client. It is estimated that this group constitutes about 15 to 25 percent of all lobbyists. (2) In-house lobbyists are employees of businesses or associations and lobby as part of their job. They constitute 40 to 50 percent of all lobbyists. (3) Governmental lobbyists and legislative liaisons work for a governmental organization and lobby as part of their job. They might not be required to formally register as lobbyists. One estimate is that they constitute about 25 to 35 percent of all lobbyists. (4) Citizen or volunteer lobbyists are nonpaid volunteers representing citizen groups and organizations. A good example is volunteers for Mothers Against Drunk Driving (MADD). This type constitutes about 10 to 20 percent of all lobbyists. (5) Finally, there are private individuals, usually with a pet project or issue. Sometimes called “hobbyists,” these individualists act on their own behalf and do not officially represent any organizations. They constitute less than 5 percent of all lobbyists.18
Lobbying is often looked down upon by people worried about special interests overwhelming the general interest. This is not a new sentiment, as evidenced by Supreme Court Justice Noah Swayne's remark in Trist v. Child (1874) about such “infamous” employment: “If any of the great corporations of the country were to hire adventurers who make market of themselves in this way, to procure the passage of a general law with a view to the promotion of their private interests, the moral sense of every right-minded man would instinctively denounce the employer and employed as steeped in corruption, and the employment as infamous.”19
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CORE OBJECTIVE | Taking Personal Responsibility …Socrates suggested, “know thyself,” and Shakespeare's Hamlet admonished “to thine own self be true.” It is important to know what your interests are and how they are represented in government. Consider what you have read in this chapter and determine how interest group efforts align with your personal interests. If they do not, what can you do to ensure that government addresses your interests or the interests of those who share similar values? |
Electioneering
In addition to lobbying political leaders, interest groups devote considerable time and effort to try to influence the outcome of elections. This type of activity is called electioneering. In pursuit of electioneering, an interest group's most important resource is money, usually funneled to candidates through PACs. At the national level, only about 20 percent of interest groups have organized PACs. Some interest groups prefer to give money to other groups who, in turn, funnel the money to campaigns. SeeTable 10.2 for the amount of money contributed by the major PACs in Texas during recent election cycles. Note that the total amount of money spent by general purpose PACs in the 2006 spending cycle was double the amount spent in 1998. During that period, PAC spending grew from $51 million to $99 million.20 Table 10.3 shows PAC spending broken down by major interest category.

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CORE OBJECTIVE | Communicating Effectively …Review the data presented in Table 10.3. Identify the interest group category that spent the most money in 2010. Discuss the impact that PAC spending has on government. |
For an in-depth look at money in state politics, go to the websitewww.followthemoney.org, where data are available on how much money is given in each of the 50 states. The organization behind these data is Money in State Politics. Compare Texas with other states.
Money may be the most important tool for interest groups trying to influence an election, but it is by no means the only tool. The process of electioneering begins with candidate recruitment. Interest groups work to recruit candidates for office many months before an election. They encourage individuals who will be sympathetic to their cause to seek nominations in party primaries. This encouragement takes the form of promises of support and money in both the primary and general elections. Some interest groups might encourage both Democratic and Republican candidates to seek nomination in their respective parties. This covers their bets. Regardless of which candidate wins, the interest group will likely have access and influence.
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Some writers have observed that PAC money has undermined party loyalty and weakened political parties in this country. Candidates no longer owe their loyalty to the party that helped elect them but to interest groups that funded them. Political action committees buy access in “an intricate, symbiotic relationship involving trust, information exchange, pressure and obligations. The inescapable fact is that resources, and especially money, are at least three-fourths of the battle in building and maintaining good relations and in securing the other essential elements that lead to access and influence.”21

What point does this cartoon make about the nature of 2008 political campaign contributions?
There is little doubt that the power of money in state politics will continue to increase. This can involve running television and newspaper ads explaining the records of officials or the virtues of a nonincumbent, or working in voter registration drives and get-out-the-vote campaigns. Interest groups might also aid candidates by helping to write speeches and organize rallies and by staging political events such as fundraisers. Some groups keep track of legislators' voting records and circulate “good guy/bad guy score cards” to members of the organization, instructing members to vote for or against candidates.
Public Education and Public Relations: Grassroots Lobbying
Interest groups also attempt to influence public policy through public relations activities. The goal of these efforts is to create a favorable public image for the group. Obviously, much information disseminated in this fashion can be very self-serving and might even be called propaganda. Not all such information is wrong, but some filtering of the information by the public is necessary. Some interest groups might counter the information provided by a competing interest group. In a mass media society, characterized by constant public scrutiny, an interest group's credibility with the public can be compromised if the group provides inaccurate or misleading information.
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Aside from efforts to present a favorable opinion of themselves to the public, interest groups also try to curry favor with public officials. Inviting public officials to address organizational meetings is one technique utilized to advance the group's standing in the eyes of these officials. Giving awards to officials at such gatherings, thanking them for their public service, is also a common technique.
Another note is warranted here regarding the attempts of interest groups to curry favor with public officials: Interest group tactics have changed in recent years. In the past, the process was described primarily as “booze, bribes, and broads.” Although there is much less of that today, entertaining members of the legislature remains very much a part of the process. “As for making women ‘available’ to interested male lawmakers, a veteran lobbyist reported in 1981 that ‘I got hit up for the first time this session by a member wanting me to get him a woman. I told him I have trouble enough getting my own dates.’”22 Interest groups today are more likely to rely on the other tactics previously discussed.
Regulation of Interest Groups
Most states have laws regulating two activities engaged in by interest groups: lobbying and making financial contributions to political campaigns, or “campaign finance.” In terms of lobbying regulations, organizations that have regular contact with legislators are generally required to register and file reports on their activities. Often these reporting requirements are weak, and the reports generated might not reflect the true activities of the organization.
Texas required registration of interest groups for the first time in 1907. The relevant statute prohibited “efforts to influence legislation ‘by means other than appeal to reason’ and provided that persons guilty of lobbying were subject to fines and imprisonment.”23 However, the statute was never enforced. In 1957, a new law was passed requiring lobbyists to register and disclose information about their activities; this law had many loopholes and was ineffective. In 1973, yet another law called for more stringent reporting. This act was amended in 1983.
According to Chapter 305 of the current Government Code, an individual “who crosses either a compensation or expenditure threshold” while engaged in lobbying efforts must register as a lobbyist with the Texas Ethics Commission. In other words, a person who receives more than $1,000 per quarter-year as pay for lobbying must register. Alternatively, persons must register if they spend more than $500 per quarter on gifts or other paid expenses for a state official or employee or the official's or employee's immediate family. The code stipulates that these activities must involve “direct communication” with a member of the executive or legislative branch, the goal of which is to influence legislation.24 The official list of registered lobbyists for 2012 exceeded 1,500 individuals.25Government employees who lobby in an official capacity (as part of their jobs) are exempt from registration, as are owners and employees of news media outlets.26 Also, some lawyers do not register because they claim they are representing clients and are not lobbying. Thus, the total number of persons who actually lobby the legislature is much higher than reported.
Regarding campaign finance, most states require some formal registration of PACs. PACs must register with the Texas Ethics Commission, designate a treasurer, and file periodic reports. These reports must provide the full name and address of persons who donate more than $50 in total to a campaign.27 PACs are also prohibited from making a contribution to members of the legislature during the period beginning 30 days before the start of a regular session and ending 30 days after the regular 140-day session. Except for voluntary limits in judicial campaigns, state law dictates no limit as to how much an individual or PAC may contribute to a candidate.28
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In 2010 the U.S. Supreme Court, in Citizens United v. Federal Election Commission, removed previous restrictions on the ability of PACs to spend money on election campaigns. The case stated that “political spending is a form of protected speech under the First Amendment.”29Therefore, the government cannot prohibit corporations and unions from spending money, via PACS, on “electioneering communications,” such as television ads for or against a particular candidate.30 This ruling opened the door to a greatly expanded role for PACs in future elections.
The Texas Ethics Commission does not have the resources to be effective. It has never been adequately funded by the legislature and has a small staff. Although the reporting system for lobbyists has improved, it is still difficult to find and summarize information on interest group activities. The group Texans for Public Justice (TPJ.org) has organized the commission's data and issues regular reports. Their website makes much of this data more accessible.
The ethics of interest group activity varies from state to state, dictated by the political culture of each state. What is considered acceptable in a traditionalistic/individualistic state such as Texas may be viewed as corrupt in a state with a moralistic political culture. The late Molly Ivins, a well-known Texas newspaper writer and observer of Texas politics, once said that in the Texas legislature, “what passes for ethics is if you're bought, by God, you stay bought.”31 Despite Ms. Ivins's deprecating humor, her comment reflects the evolution of Texas lobbying activity over time.
Factors Influencing the Strength of Interest Groups
Interest groups have a variety of resources available to them. Their resource base depends on the type of group, the number of members in the group, and who those members are. For example, the Texas State Teachers Association (TSTA) has strength because it has so many members (hence voters). On the other hand, the Texas Municipal League (TML), which represents Texas city officials, has very little money and fewer members than the TSTA. However, the TML's membership includes influential public officials, such as mayors and council members. The TML has lists of representatives and senators keyed with local officials. The TML contacts local officials, asking them, in turn, to contact representatives and senators regarding legislation. Local elected officials can easily contact legislators, and those legislators will listen, even if they do not always agree.
It is important to note, though, that some groups have difficulty recruiting members (or money) to their cause due to the “free-rider problem.” All interest groups provide benefits, and individuals may derive benefits from an interest group's efforts regardless of whether they participate in the group's activities. Thus, it is rational for some people not to contribute to or work on the group's behalf because they will still benefit.32 This can lead to an underprovision of a collective good. The larger the group and the more diffuse the possible benefits, the greater the possibility of the free-rider problem undermining the group's cause. On the other hand, smaller groups that seek more concentrated benefits are less likely to suffer from this problem.33
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The status and size of an interest group are important determinants of power. Obviously, the presidents of large banks and corporations in Dallas, due to their status, can command the ear of most state senators and state representatives from the Dallas area. Groups with many members can use their numbers to advantage by inciting a barrage of telephone calls and messages to legislators regarding legislative actions.
The total number of interest groups representing a particular interest may not be an indication of strength. For example, in recent years the number of groups representing business interests has multiplied dramatically, whereas the number of groups representing the interests of local government has grown very little. One might take this as a sign that business groups have grown in influence relative to governmental groups. However, numbers do not necessarily indicate increased influence. Instead they may indicate the increased diversity of economic interests in Texas over the past several decades. Except for special districts, the number of local governments has not changed in the past 40 years, which explains the more constant number of governmental interest groups. Factors other than sheer numbers, such as leadership, organization, geographic distribution of its membership, and money, determine the strength of an interest group. Other authors point to additional factors (economic diversity, party strength, legislative professionalism, and government fragmentation) to help explain an interest group's power.34

Austin teachers protest budget cuts at the Capitol. The Texas State Teachers Association, the largest professional group in Texas, represents teachers but lacks the right to collective bargaining under Texas law.
Leadership and Organization
Leadership quality and organizational ability can be important factors in the power of interest groups. Many interest groups hire former legislators to help them. Some groups are decentralized, with a loose-knit membership, making mobilization difficult. Other groups, like the Texas Municipal League, are highly organized, monitor legislation being considered, and can easily contact selected members to influence bills while they are still in committee. Even before the legislative session begins, the TML has a legislative committee that recommends positions on legislation likely to be considered. At an annual meeting, the TML membership adopts stands on key items. This action gives the leadership a firm basis on which to act, and constant contact with all members is not necessary. Key members are contacted only when quick action is required.
Geographic Distribution
Some groups have more influence than others because they have members in all geographic areas of the state and therefore can command the attention of many more legislators. The Texas Municipal League, for example, has city officials in the district of every senator and representative. Texas bankers and lawyers are located throughout the state as well. Legislators might not listen to citizens from other areas of the state, but they certainly will listen to citizens from their own district. Legislators will also listen to local elected officials. Thus, having members that are geographically distributed across the state is a key advantage for interest groups. Obviously, some groups cannot have geographic distribution. For instance, commercial shrimp fishermen are limited to the Gulf Coast region of Texas.
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CORE OBJECTIVE | Being Socially Responsible …How can geographic distribution of interest groups improve political awareness between culturally diverse populations? |
Money
As one might guess, interest groups need money to fund their lobbying, electioneering, and public relations efforts. Money is also an important resource for other, less obvious reasons. Interest groups that can afford to hire full-time staff and travel to meet with legislators have more influence than those dependent on volunteers and part-time staff. As indicated earlier, some groups have no active members per se, but instead represent individuals, corporations, or businesses. With enough money, groups do not need dues-paying or contributing members to have an impact on government policy. Some of these groups do a very good job of mobilizing nonmember citizens to their cause. For example, through the use of television ads, newspaper ads, and “talk radio,” one such group, the Coalition of Health Insurance Choice (CHIC), managed to mobilize opposition to President Clinton's health care proposal. One writer has referred to such nonmembership groups, which lack a grassroots (spontaneous, community-based) organization, as “astroturforganizations.”35
Economic Diversity
The economic diversity of a state can impact the strength of an interest group operating within that state. Highly industrialized states with a variety of industries generally have a multitude of interest groups. Because of the diversity and complexity of the state's economy, no single industry or group can dominate. The many interests cancel each other out, as Madison predicted they would in Federalist No. 10. In other states, a single or a few industries dominate the economy. For example, in Alaska, oil is still dominant. Coal mining dominates Wyoming's economy, providing much of the state's revenues. Copper mining was once the most prominent industry in Montana, and lumbering is still the primary industry in Oregon.
In the past, the Texas economy was dominated by a few industries: cotton, cattle, banking, and oil. Today, the Texas economy is more diversified, and the number of interest groups has grown accordingly. It is much more difficult for one or a few interests to dominate state politics. Nonetheless, the traditional industries still wield a lot of power.
Political Party Competition
The strength of political parties in the state can influence the strength of interest groups. States with two strong, competitive parties that recruit and support candidates for office can offset the influence of interest groups attempting to put their own candidates forward. Legislators in competitive party states might owe their election to, and therefore be more loyal to, their political party and be less influenced by interest groups. In Texas, a history of weak party structure has contributed to the power of interest groups.
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Professionalism of the State Legislature
In Chapter 3, we defined a professional legislature as being characterized by higher legislative pay, longer sessions (such as no limits on the length of regular sessions), and more staff support.36 In theory, well-paid legislators with professional staffs are less dependent upon information supplied by interest groups, and the information exchange between lobbyist and legislator is reduced. The Texas legislature has improved staff quality in recent years; most members have full-time staff in Austin and their local offices. In addition, committee staff has increased. The Texas legislature now provides more money than any other state for staff salaries. The Texas Legislative Council also provides excellent staff assistance in research and information. This increased level of support has led to a rise in legislative professionalism in Texas; whether this has resulted in a corresponding decrease in the power of interest groups remains to be seen. However, there are potential costs, too; it is not automatically better to have a professional legislature rather than a citizen legislature.
Fragmented Government Structure
As previously stated, interest groups expend much effort trying to influence the administration of state laws. The degree to which interest groups succeed in this endeavor depends on the structure of state government. If the government is centralized under a governor who appoints and removes most department heads, interest groups will find it necessary to lobby the governor directly and the agencies indirectly. Texas has a fragmented government structure. The governor of Texas makes few significant appointments of agency heads. Therefore, each interest group tries to gain access to and influence the state agency relevant to its cause. Often these agencies are created to regulate the industry that the interest group represents. For example, the Texas Railroad Commission, an agency originally created to regulate railroads, also oversees the state's oil industry. Historically, oil industry lobby groups have had great influence over the agency's three commissioners and their decisions.37 In 1971, the Texas Almanac contained a full-page ad, paid for by the Texas Independent Producers and Royalty Owners Association and the American Association of Oil Well Drilling Contractors, thanking the Railroad Commission. The ad read: “Since 1891, The Texas Railroad Commission Has Served the Oil Industry.” Following public outcry over the impropriety of a state regulatory agency “serving” a private industry, the revised ad in the 1974 edition of the Almanac read as follows: “Since 1891 The Texas Railroad Commission Has Served Our State.”38 In truth, similar relationships exist between many state agencies and interest groups.
The members of most state licensing boards (such as the Texas State Bar, Texas Medical Board, and State Board of Morticians) are professionals in those fields (and may also be members of a relevant interest group). These licensing boards were ostensibly created to “protect the public interest,” but they often spend most of their time protecting the profession by limiting the number of persons who can be licensed and by creating rules favorable to the group.
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For example, in Texas a person cannot be cremated until the deceased has been dead for 72 hours. However, if the person is not buried within 24 hours, the body must be embalmed. Supposedly, the reason for embalming before cremation is to protect the public from the spread of diseases. Others have suggested the procedure is unnecessary and merely protects the profit margin of morticians doing the embalming. In this way, members of a profession or interest group can control rule making that affects the group, thereby influencing how much money members of the group can make. Another term for this type of practice isrent seeking. Rent seeking occurs when individuals or groups try to secure benefits for themselves through political means.39 Rent-seeking behavior can lead to great costs to society, not only in the obvious senses but also because of the opportunity cost associated with people using scarce resources (time, energy, human capital, money, etc.) to capture political benefits rather than for “productive endeavors.”40
When the relationship between a state agency and an interest group becomes very close, it is referred to as capture. In other words, the interest group has “captured” the agency. However, capture of the agency by the interest group is probably more the exception than the rule. Often, competing interest groups vie for influence with the agency and reduce the likelihood of capture by a single interest group. (The creation of the Public Utility Commission is a good example of this.)
In practice, policy is created through the combined efforts of interest groups, the state agency, and the legislative committee (with oversight of the agency). This process is called the “Iron Triangle.” (See Figure 10.1)

FIGURE 10.1
Often, a close relationship exists between the state agency created to regulate an industry, the legislative oversight committee, and interest groups. This relationship is sometimes called the “Iron Triangle.”