The relationship between Texas House Parliamentarian Hugh Brady and a law firm retained by Texas municipalities has come under scrutiny. This comes after procedural decisions in the House led to the defeat of bills seeking to limit these municipalities' ability to take on debt without voter approval.
Brady, a University of Texas law professor and current Texas House Parliamentarian, is responsible for interpreting the rules and procedures of the legislature and advising presiding officers. Before serving as the Parliamentarian for the Texas House of Representatives, he was a founder and principal shareholder of Brady & Peavey P.C.
Representative Mayes Middleton spotlighted the hiring of Brady & Peavey by Harris County in a tweet, asserting that the firm was likely involved in "efforts to kill conservative bills in the legislature through procedural points of order on the House floor." His tweet also revealed that he and Senator Paul Bettencourt had formally requested all information pertaining to Harris County's engagement with the law firm.
According to City Council meeting minutes and ethics report filings, Brady & Peavy was also hired by the City of Austin as part of their lobbying efforts to influence legislative outcomes. The total contract for services with Brady & Peavy and several other lobbying firms was $705,000.
Following news that Harris County had hired Brady and Peavey, Bonnie Bruce, a longtime Texas political and legislative operative, provided context for the hire on Twitter, “the Brady in Brady & Peavey is Hugh Brady, the House Parliamentarian” and Brady & Peavey was “the law firm he created and left to become Parliamentarian” and where he will “presumably go back to since it still bears his name.”
“Ross Peavey does point of order work,” she continued.
The crux of the dispute lies with House Bill 3899. This bill intended to regulate local districts' ability to create corporations that could take on debt without voter approval - a financial strategy used to fund the extensive Project Connect initiative in Austin. However, this bill failed to advance following a successful point of order.
"Taxpayers need accountability for these shadowy legal efforts to defeat legislation," Middleton tweeted, expressing his concerns over the hiring of Brady & Peavey.
An Austin American-Statesman report noted that a procedural objection raised by Representative John Bucy, D-Austin, brought the fatal blow to HB3899. The decision to sustain the objection was ruled upon by Brady, and seen as a victory for Austin's Mayor Kirk Watson.
Proponents of HB3899, including its author Rep. Ellen Troxclair, R-Lakeway, claim the bill is necessary to close a loophole in the state's tax code. Following the halt to the bill's progress, Troxclair stated, "The opponents of this bill can't win on policy so they are using parliamentary tricks to try to stop taxpayers from having the accountability and transparency they deserve."
The inherent connection between the House Parliamentarian and the law firm he founded which specializes in “point of order work” has given rise to a question of conflict of interest and calls for greater transparency from lawmakers.