FAQ_Lobby.html

FREQUENTLY ASKED QUESTIONS: LOBBY

1. How do I determine if I need to register with the Ethics Commission as a lobbyist?

First, you need to determine if you meet the definition of a lobbyist. In general, a lobbyist is someone who communicates directly with a member of the executive or legislative branch of government to influence legislation or administrative action. Gov’t Code §§ 305.001, 305.003(a).

Please refer to the “Lobbying in Texas: A Guide to the Texas Law” guide or the training video “Lobbying in Texas” for detailed information.

If you meet that definition, you still may not be required to register. You must register as a lobbyist with the Texas Ethics Commission (Commission) if you cross a certain compensation or expenditure threshold (keep in mind that these threshold amounts are adjusted annually for inflation).

- Compensation: If you receive, or are entitled to receive under an agreement under which you are retained or employed, more than $1,930 in a calendar quarter as compensation or reimbursement to lobby. If you go over that threshold and have not crossed the expenditure threshold below, you are still not required to register unless then you need to determine if lobbying constitutes more than 40 hours of the person’s compensated time during a calendar quarter, including preparatory activity. If it does, you need to register; if it doesn’t, you do not.
- Expenditure threshold: If you spend more than $970 in a calendar quarter for certain purposes you must register as a lobbyist.

2. I need to register as a lobbyist. What is my next step?

After you determine that you need to register as a lobbyist, you must file a Form FILER ID REQ-LOBBY and Form SECURITY-LOBBY. These forms are filed on paper. Instructions for filling them out and submitting them are included on the back of each form.

Please be aware that becoming a lobbyist will trigger filing requirements. You can familiarize yourself with these requirements by consulting the Lobbying in Texas Guide and the lobby filing schedule.

If this is your first time filing reports with the Ethics Commission, you will be assigned a Filer ID from the Commission after it has received both documents. This Filer ID and a link to set your password will be emailed to the Primary Email address you provided on the Form Security-Lobby form. Make sure that the Primary Email Address is one that is current and that you review often. Once you have a Filer ID and have set your password, you can electronically file your lobby activity reports.

3. Am I required to file electronically or can I file on paper?

Lobbyists are required to file electronically.

4. What is the registration fee?

The annual lobby registration fee is $750 for all registrants except organizations exempt from federal taxes under the IRS Code, 26 U.S.C. § 501(c)(3), 501(c)(4), or 501(c)(6) and lobbyists who represent only such organizations. The annual fee for those registrants is $150. The fee is not prorated for lobbyists who are registered for only a portion of the year.

5. How do I pay the lobby registration fee if I file electronically?

You may pay the registration fee using the online filing application at the time you file your registration with a credit card (American Express, Discover, MasterCard, or Visa) or electronic check. A non-refundable processing fee is included in the price if you pay electronically. If necessary, you may file your registration using the filing application and indicate that you will submit your registration fee separately by check or money order.

6. Will I get a receipt for an online payment?

You will receive a confirmation of payment sent to your Primary Email Address and will be able to print a copy of the confirmation. (This payment confirmation is separate from the confirmation email you receive acknowledging the filing of your registration.)

7. Can I pay a late-filing penalty online?

Not at this time. However, you can call the Commission at 512-463-5800 or come in person and pay a late-filing penalty using a Visa or Mastercard. You can also pay a late-filing penalty by submitting a check or money order.

8. Can I print a copy of my report?

You can print a copy of a report at any time. Log in to the filing application and select "Manage My Reports" on the home page. On the Reports page, you may click the "Print" button next to any filed or in-progress report to generate a PDF copy of the report to preview and print. You may also preview and print while working on an in-progress report by clicking "Preview Report PDF" in the navigational menu bar located down the left side of your in-progress report screen.

Most browsers have a default PDF reader (some use Adobe Acrobat and some have their own reader). Depending on your browser and PDF reader, the PDF copy of the report may either download and appear minimized at the bottom of your screen (click to open) or open automatically in a new window or tab. After you print the report, close the window by clicking on the "X" in the top right-hand corner of the preview window.

Note: Be sure you are closing the preview window only and not the main browser window running the filing application.

9. How do I get a filing password?

The Primary Email Address authorization ( Form SECURITY-PFS) must be completed, signed, and mailed or emailed to the Ethics Commission (Commission).

If this is your first time to register as a lobbyist with the Commission, you must also complete the filer ID account request () Form FILER ID-REQ-LOBBY) and submit it with Form SECURITY-Lobby. After you submit the required forms, watch your email in-box. The Commission will send an email to your Primary Email Address with your Filer ID, Filer Type, and a link to set up your password.

Note: Your password must contain one special character (special characters include !@#$%^&*), one lowercase letter, and must be at least eight characters long.

10. What do I do if I forget my password?

On the Ethics Commission (Commission) Filer Login screen, click on the "Forgot Password?" link and enter your Filer ID and Filer Type. If entered correctly, an email containing a link to reset your password will immediately be sent to your Primary Email Address.

Note: Passwords are encrypted and the Commission does not have access to your password. If you are unable to reset your password yourself, you must complete, sign, and mail or email Form SECURITY-Lobby to the Commission. The Commission will send an email to your Primary Email Address with a link to reset your password.

11. Can I change the password assigned by the Ethics Commission?

You may change your password at any time in the filing application by clicking "Manage My Profile" on the home page of the electronic filing application. Then click the "Reset Password" button to enter your new password.

12. How will I know if the Ethics Commission has received a filing?

If the filing was successful, you will see a Confirmation screen showing the date and time stamp for the filing; you may view or print a PDF copy of your filing. Within a few minutes of filing, you should also receive an email sent to your Primary Email Address from "do-not-reply@ethics.state.tx.us," which also contains a confirmation number. If you do not receive the confirmation, the filing did not succeed. You should try again or call the Commission for assistance.

When you return to "Manage My Reports" in the filing application, you should see the filing listed under Filed Reports. You may also check the Lobby Reports page of our website within a few days of filing to verify that the report has been posted.

13. Why am I not receiving email messages from the Ethics Commission?

All password reset links and Ethics Commission (TEC) notices will be sent to your Primary Email Address. This should be an email address that is current and that you check often. You can verify and update your Primary Email Address right after you log in. Also, be sure to "whitelist" or mark as "safe" emails that come from "do-not-reply@ethics.state.tx.us" and be sure to check your Spam or Junk folder for any missing messages.

14. How do I file a Lobby Activities Report for last year?

If you need to file a Lobby Activities (LA) Report that covers the previous year, you MUST file the report under your previous year's Lobby Registration. When you are logged in to the new lobby filing application, click on "Manage My Reports." On the Reports page, click the "Start an Activity Report" button near the top of the screen. Then, click the "Other Report Options" button and select the registration for the appropriate year. The filing application will start the LA report and pre-populate the report type and period covered based on whether you selected Annual or Monthly for S reporting purposes when you filed the previous registration.

15. How do I terminate my Lobby Registration?

Lobby registrations automatically terminate at the end of every calendar year. If you want to terminate your lobby registration earlier, you may do so at any time by filing a final Lobby Activity Report. When you check the box that says “Final” in the electronic filing application, it will automatically generate Form TN (Termination Notice), which is also needed.

16. Will the Ethics Commission make paper copies of electronically filed reports available?

Yes, for a surcharge. Lobby Registrations and Lobby Activity Reports are available on the Commission’s website here; members of the public may obtain a complete, hard copy of a campaign finance report by making an open records request for specified copies of reports. There is a fee for copies.

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FREQUENTLY ASKED QUESTIONS: LOBBY