Lobbying is generally an attempt to influence government action through written or oral communication with government officials—often lawmakers in state legislatures and the U.S. Congress. Laws defining lobbying vary from state to state and in the federal system, but lobbying is generally done on behalf of another person or entity for compensation.
For example, a person who communicates with a state or federal government representative (state legislator or member of the U.S. Congress) about a matter of personal concern or interest is not a lobbyist and is not engaging in lobbying. And a state legislator or member of the U.S. Congress who communicates with other legislators or members of Congress or their staff members is not acting as a lobbyist or engaging in lobbying.
But if a person or entity engages in such communications on behalf of another person or entity for compensation—and qualifies as a lobbyist engaging in lobbying activities under applicable state or federal law—those laws may regulate the lobbyist and their lobbying activities.
For example, lobbyists (1) may be required to register with the state or federal government in which they are lobbying; (2) may be required to make certain disclosures (activity reports) of the identity of their clients, fees, campaign contributions, and expenses; and (3) may be required to follow restrictions and prohibitions on gifts.
Federal Lobbying Disclosure Act
Under the federal Lobbying Disclosure Act (LDA)—located at 2 U.S.C. §1601—
• A lobbyist is an individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact—other than an individual whose lobbying activities constitute less than 20 percent of the time the individual is engaged in services to that client over a 3-month period.
• The term client means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of the hiring person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.
• The term lobbying activities means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others.
• The term lobbying contact means any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official that is made on behalf of a client with regard to—
o the formulation, modification, or adoption of Federal legislation (including legislative proposals);
o the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government;
o the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license); or
o the nomination or confirmation of a person for a position subject to confirmation by the Senate.
• The term lobbying contact does not include a communication that is—
o made by a public official acting in the public official’s official capacity;
o made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public;
o made in a speech, article, publication or other material that is distributed and made available to the public, or through radio, television, cable television, or other medium of mass communication;
o made on behalf of a government of a foreign country or a foreign political party and disclosed under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
o a request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official;
o made in the course of participation in an advisory committee subject to the Federal Advisory Committee Act;
o testimony given before a committee, subcommittee, or task force of the Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or task force;
o information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information;
o required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation, or other action of the Congress or an agency, including any communication compelled by a Federal contract, grant, loan, permit, or license;
o made in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications;
o not possible to report without disclosing information, the unauthorized disclosure of which is prohibited by law;
o made to an official in an agency with regard to—(1) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding; or (2) a filing or proceeding that the Government is specifically required by statute or regulation to maintain or conduct on a confidential basis, if that agency is charged with responsibility for such proceeding, inquiry, investigation, or filing;
o made in compliance with written agency procedures regarding an adjudication conducted by the agency under section 554 of title 5 or substantially similar provisions;
o a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;
o a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures;
o made on behalf of an individual with regard to that individual’s benefits, employment, or other personal matters involving only that individual, except that this clause does not apply to any communication with—(1) a covered executive branch official, or (2) a covered legislative branch official (other than the individual’s elected Members of Congress or employees who work under such Members’ direct supervision), with respect to the formulation, modification, or adoption of private legislation for the relief of that individual;
o a disclosure by an individual that is protected under the amendments made by the Whistleblower Protection Act of 1989, under the Inspector General Act of 1978, or under another provision of law;
o made by (1) a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a Federal income tax return under paragraph 2(A)(i) of section 6033(a) of title 26 , or (2) a religious order that is exempt from filing a Federal income tax return under paragraph (2)(A)(iii) of such section 6033(a); and
o between (1) officials of a self-regulatory organization (as defined in section 3(a)(26) of the Securities Exchange Act [15 U.S.C. 78c(a)(26)]) that is registered with or established by the Securities and Exchange Commission as required by that Act [15 U.S.C. 78a et seq.] or a similar organization that is designated by or registered with the Commodities Future Trading Commission as provided under the Commodity Exchange Act [7 U.S.C. 1 et seq.]; and (2) the Securities and Exchange Commission or the Commodities Future Trading Commission, respectively, relating to the regulatory responsibilities of such organization under th,at Act.
In Texas, lobbying is regulated by state statutes that define who is considered a lobbyist and what activities constitute lobbying. A person becomes a lobbyist if they communicate with government officials on behalf of a third party for compensation, with the intent to influence legislative or administrative action. Texas requires lobbyists to register with the Texas Ethics Commission and to disclose their clients, compensation, and expenditures. They must also adhere to certain restrictions regarding gifts to public officials. Federally, the Lobbying Disclosure Act (LDA) governs lobbying activities, defining a lobbyist as someone who is paid to make more than one lobbying contact and spends at least 20% of their time over a three-month period on lobbying activities for a client. The LDA requires federal lobbyists to register, disclose their clients and activities, and follow similar restrictions on gifts. Both Texas and federal laws provide exemptions for certain types of communications and individuals, such as public officials acting in their official capacity, media representatives, and individuals discussing personal concerns without compensation.
