As a result of IDA's filing a special IRS
form in 2009, the lobbying rules that IDA
and Texas IDA must follow are much less
restrictive than in the past.
In short,
Texas IDA and its members CAN lobby a
legislative body now using the Texas IDA
name as long as the money spent on the
legislative lobbying is small. If no money
is spent at all, then we are OK and within
the rules. What exactly is meant by small?
Well, you will have to contact the Texas IDA
Coordinator who will be able to assist you
further as there is no simple answer.
Here is the legislative lobbying excerpt
from the
IDA's June, 2010 Lobbying Guidelines to
Texas IDA:
Legislative
The
major change resulting from the Form 5768 IRS filing is for legislative
lobbying. Legislation includes action by a legislative body with
respect to acts, bills, resolutions, or similar items (such as
legislative confirmation of appointive office) or by the public in
referendums, ballot initiatives, constitutional amendments, or similar
procedures. Legislative lobbying covers both direct lobbying
(attempting to influence a member or employee of a legislative body or
any other government employee who may participate in formulating
legislation) and grass roots lobbying (attempting to influence
legislation by affecting opinions of the general public or a segment
thereof).
The
IRS form filed in 2009 permits IDA and affiliated organizations to
engage in legislative lobbying as long as total expenditures do not
exceed certain limits based on IDA’s annual income. These limits are
high enough that, as a practical matter, money spent by IDA Chapters
on legislative lobbying is not likely to be a problem. If you plan
on spending any money, $5 or $500, please let us know. Since you are all
working under the IDA 501 c 3 designation, your spending is cumulative
for the organization.
An
organization may communicate with its members about legislation of
direct interest to the organization; such communications will not count
toward the expenditure limit unless they directly encourage attempts to
influence legislation.
Please note also that
individuals spending their own money and using their own name (without
IDA association) are not subject to any limitations on legislative
lobbying.