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On the 6th Day Before Christmas PAAT Said...

With increased client activity due to the 89th Legislative Session, client conflicts of interest should be avoided if possible. If a conflict arises, the laws governing conflicts of interest for lobbyists are pretty technical and are somewhat similar to the conflict rules for lawyers (which also apply to lawyer-lobbyists).

If a lobbyist has a conflict, the law outlines that the only way they can represent the parties with conflicting interests is (a) to comply with the required client and Commission notification requirements (including providing written notice to each client "not later than the second business day after the date the registrant becomes aware of a conflict" and written notice to the Commission within 10 calendar days) and, (b) in some instances, each affected client consents to the conflict and grants the lobbyist permission to continue the representation. 


Note: Lawyers have to comply with both the lobby law conflicts provisions and the restrictions in the Texas Disciplinary Rules of Professional Conduct


The penalties for violation of the conflicts provision of the lobby law not only carry potential monetary fines not to exceed $2,000, but also have the possible sanction of the Commission rescinding the person's registration and removing the right to act as a registered lobbyist for a period not to exceed two years after it is rescinded.


You must use the Commission's conflict forms



If you have specific questions about this issue let us know.

PAAT NOTE: The Texas Ethics Commission is closed for the holidays from December 24 through January 1. So, Monday is their last business day of the year.

Professional Advocacy Association of Texas

Membership Information Here