While Texans Care for Children does not provide legal advice, we offer this brief introduction to advocacy in nonprofits:
Nonprofits can do some lobbying without risking their tax-exempt status.
Many activities in the public policy sphere are not considered lobbying.
There are different requirements that an organization must follow to be in compliance with federal and state requirements.
The IRS has a designation called the H election that nonprofits can choose if they want clear guidelines on federal lobbying restrictions.SeeIRS Form 5768.
Resources on Federal Lobbying Rules
Two key national organizations specialize in helping nonprofits understand the legalities of lobbying and strategies for being as effective as possible.
Alliance for Justice Alliance for Justice works primarily on issues relating to the judiciary, but they also work extensively with nonprofit organizations and foundations to explain the rules regarding lobbying and "strengthen the voice of the nonprofit sector in important public policy debates." Their team of attorneys produces publications, holds "Worry-Free Advocacy" workshops around the country, and provides free technical assistance by phone and email.
Charity Lobbying in the Public Interest (CLPI) Charity Lobbying in the Public Interest is a one-stop shop for information about why lobbying is important and how to lobby, strategies for advocacy, inspiring examples, and links to a range of organizations that support nonprofits as they begin using their expertise to impact public decision-making.
Lobbying In Texas
In Texas, lobbying is communication in person, by letter, or by phone with members of the legislative or executive branch of state government and their staff to influence specific legislation or administrative action. In general, a person, partnership, corporation, or other type of business entity must register as a lobbyist with the state of Texas if either of the following is true:
You are paid more than $1,000 per quarter as compensation or reimbursement for lobbying activities or preparation for lobbying, with this $1,000 constituting more than 5% of your quarterly salary.
You spend more than $500 per calendar quarter in lobbying expenses, which are expenditures that benefit a state officer or employee or the immediate family of a state officer or employee, that are made to communicate with the state officer or employee to influence legislation or administrative action. Only some types of expenditures are allowed under lobbying law. Examples of expenditures that are not allowed are: cash gifts and loans, transportation and lodging for pleasure trips, etc.
To register as a lobbyist with the state of Texas, you must:
