Flaunting huge holes in the ethics policies of his old boss, Terral Smith leapt from being ex-Governor Bush’s top legislative lobbyist to being a for-hire lobbyist who reportedly is fighting for millions of dollars in corporate welfare.Smith is just the latest gubernatorial legislative director to have a ménage à trois with a governor and the lobby.
Locke Liddell & Sapp announced last December 19th that Governor Bush’s legislative director would head its lobby shop. Legislative aides say Smith lobbies for a controversial client that is not listed among the five reported clients that are paying him up to $375,000.
Texas has paid $16 million to French-owned Sagem Morpho for a fingerprinting contract to prevent food-stamp fraud. Critics say the program—which has helped prosecute just nine food-stamp cheats—is corporate welfare. The House has voted to repeal this program; Sagem is fighting a companion bill in the Senate Human Services Committee.
The latest lobby records just show ex-legislator Hugo Berlanga working for Sagem (for $50,000 to $100,000), while Capitol rumor mills report that Smith and Kathy Hutto also are hustling for Sagem.
Ethical loopholes
Though revolving-door scandals are common in Texas, Smith’s case showcases the extraordinary failures of the staff ethics rules that Governors Bush and Perry both adopted with fanfare. Bush first adopted his staff ethics policy in response to a scandal involving Smith’s predecessor.As Bush’s 1995 legislative director, Dan Shelley helped pass a law privatizing welfare services. By 1997, Shelley and three other welfare-reform aides of Bush and then-Lieutenant Governor Bob Bullock were lobbying for Lockheed Martin—a top contender to manage Texas’ multi-billion-dollar welfare contract.
As discussed below, the Shelley-inspired ethics rules did nothing to stop Smith from going straight from the Governor’s Office to head Locke Liddell’s lobby shop.
Coincidentally, just days after Smith’s job change, newly inaugurated Governor Rick Perry touted to the media his “strict” staff lobby rules, which turned out to be the old Bush rules.
Ironically, Perry used the same event to introduce nine senior staff members. Perry recruited one-third of them straight from the lobby—including Legislative Director, Patricia Shipton (see “New Governor Hires Hired Guns,” Lobby Watch, January 5, 2001).
Bush and Perry’s “strict” lobby rules did nothing to stop Terral Smith from becoming a for-hire legislative lobbyist as soon as he stopped lobbying that same body for the governor. Nor did they stop Shipton from being a hired gun one day and the governor’s legislative director the next.
The rules just bar senior staff from lobbying the Governor’s Office for one year or the next full legislative session, whichever is longer.
Under such “strict” lobby rules, the revolving door goes on forever—and the party never ends.
Lobbying By Recent Governors' Legislative Directors
Terral Smith Left Governor's Office
in December 2000, Reporting These Clients in April 2001Client Max. Value City of Garland $150,000 Gr. El Paso Chamber of Com. $100,000 Harlan Crow $50,000 UNICARE Life & Health Insurance $50,000 Locke Liddell & Sapp $25,000 Total$375,000
Dan Shelley Left Goveronor's Office in 1996, Reporting these Clients in 1997 1997 Client Max. Value Council of TX Forest Products Mfrs. $100,000 TX Coalition for Competitive Electricity $100,000 Harris County Commissioner's Court $100,000 Some Partnerships $100,000 Lockheed Martin IMS $50,000 Laidlaw Environmental Services, Inc. $50,000 MidTenn Development, Inc. $25,000 W O Brisben Companies $25,000 A. Wayne Hall $25,000 TX Hotel & Motel Assn. $25,000 City of Humble $25,000 National Realty Management, Inc. $10,000 Atascocita Joint Annexation Committee $10,000 Int'l Assn. Plumbing & Mechanical Ofcls $10,000 Southwestern Health Development Corp $10,000 O. Douglas Johnson $10,000 TOTAL: $675,000
Patricia Shipton Joined Governor's Office In December 2000, At a Time When She Reported These Clients Client Max. Value Nat'l Assn. of Independent Insurers $50,000 Oberthur Gaming Technologies $50,000 Temple-Inland Forest Products $50,000 Anheuser-Busch $25,000 BellSouth Cellular Corp. $25,000 Centene Corp. (Superior Healthplan) $25,000 DBT Online, Inc. $25,000 First Health Services $25,000 Health Insurance Assn. of America $25,000 Keating Technologies, Inc. $25,000 Lower Colorado River Authority $25,000 Pfizer, Inc. $25,000 TX Bankers Assn. $25,000 TX Civil Justice League $25,000 TX Probation Assn. $25,000 Car/Truck Renting/Leasing Assn. $10,000 Multistate Associates, Inc. $10,000 Singer Asset Finance Co. $10,000 Texas Merchandise Vending Assn. $10,000 TOTAL: $490,000
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Texans for Public Justice is a non-partisan, non-profit policy &
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which tracks the influence of money in politics.