When hungry workers at the Texas Renaissance Festival decided to buy $250 worth of barbecue plates from a local political candidate’s fundraiser, they probably didn’t expect to end up on the Texas Ethics Commission’s radar. Yet because the festival is organized as a corporation, the agency opened an investigation and ultimately fined the historical reenactors for what the TEC deemed an “illegal corporate political contribution.”
This case is emblematic of the TEC’s enforcement priorities: ordinary citizens are harassed for trivial infractions, while big players with political connections negotiate settlements that amount to a slap on the wrist.
The Little Guy Gets Grilled
According to Transparency USA, Texas saw over $750 million in political spending during the 2024 campaign cycle. Using state resources to investigate the purchase of $250 worth of BBQ plates seems bizarre to say the least. The festival’s general manager explained that they had no idea the payment could be considered a political contribution, but ignorance of the law was no defense. The TEC fined the festival $250 for its purchase of the BBQ plates.
This case isn’t an outlier. Time and again, the TEC has gone after small organizations and individuals for minor infractions:
- Amy’s Ice Cream was fined $1,000 because the owner parked her company’s ice cream truck outside a campaign event she hosted for her city council run and because she used company letterhead for a letter to voters.
- LeRoy Foley, a candidate for Sheriff in Callahan County (pop. 13,708), was fined $2,500 for using homemade campaign signs that omitted the phrase “for” before the office title (e.g., “Elect LeRoy Foley Sheriff”) and didn’t include the required disclaimer. When confronted by the TEC, Foley took down his signs and withdrew from the race.
- The Galveston County Democrats Club was fined $500 for a series of reporting errors as minor as transposing its amount of unitemized and itemized contributions ($910 vs $747) and failing to disclose a $69.03 loan.
- George Burridge, who published a small newspaper, The Mesquite Times, was fined $4,000 because the TEC determined his publication didn’t meet their criteria for a “bona fide” newspaper and it discussed the qualifications of local candidates. Burridge cited First Amendment protections, but the TEC refused to back down and issued one of its heaviest punishments because Burridge claimed his activity was not subject to TEC regulation.
Perhaps the TEC’s most egregious case, however, is Darnella Wilkerson, an elderly Democrat activist from Houston. Wilkerson was investigated by the TEC for failing to properly report just $3,400 in PAC activity—consisting of hiring a police escort and a photographer for a single political event. When Wilkerson was ordered to appear before the TEC in Austin, she advised the agency she didn’t have the means to travel to the Capitol. The agency didn’t care—it fined Wilkerson $15,000 for her incorrect report and tacked on $2,500 for refusing to appear and cooperate in its investigation.
Big Dogs Settle for Pennies
Contrast these penalties with the treatment of politically connected actors. While the TEC is relentless against small-time players, it often gives politically connected players a pass:
- Texans for Lawsuit Reform (TLR), one of the most powerful political organizations in Texas, faced fines for reporting violations in 2015. The penalties were laughably small:
- TLR PAC: $200
- Dick Trabulsi (TLR President): $100
- Mike Toomey (former Chief of Staff to Gov. Rick Perry): $150
- Other TLR lobbyists: $100 each
- Wendy Davis’s Battleground Texas: The group settled for $3,000 after being accused of misreporting tens of thousands of dollars in political expenditures.
- Gov. Rick Perry: During his tenure as governor, Perry failed to disclose rental income from several properties in his financial statements. After multiple complaints, he negotiated a settlement with the TEC for just $1,500.
- Texas Medical Association. When TMA distributed posters advocating for a ballot measure but forgot to include disclaimers, the lobbying giant settled for just $500.
A Broken System
In a system where citizens accidentally buying barbecue plates are fined and yet million-dollar PACs and their lobbyists are allowed to negotiate away significant reporting violations for less, the question remains: who is the TEC really serving?
The TEC’s enforcement patterns reveal a system that disproportionately punishes those with the least power to fight back. Ordinary citizens, often without legal counsel or resources, are dragged into an endless, secretive enforcement process, to face penalties they can’t afford in a system that costs even more to resist.
Meanwhile, wealthy and politically connected actors routinely negotiate minimal penalties for more significant violations. These small fines, payable from political contributions, are simply the “cost of doing business.”
This double standard stifles grassroots participation and discourages ordinary citizens from engaging in the political process. The TEC’s actions send a clear message: the rules are enforced harshly for those who don’t know how to navigate the TEC’s processes, while the powerful can negotiate for a slap on the wrist.
Reforming the TEC
A coalition of grassroots organizations, including the Republican Party, are calling on legislators to end the TEC’s jurisdiction over private citizens and rein in TEC abuses. As the TEC undergoes the Texas Sunset Commission review process, legislators have an opportunity to decide whether they will continue to allow the TEC to prey on citizens over trivial matters, or protect Texans’ First Amendment rights.
This is a commentary published with the author’s permission. If you wish to submit a commentary to Texas Scorecard, please submit your article to submission@texasscorecard.com.