2019 Paxton Opinion Confirms Legislators May Be Independent Contractors for Political Subdivisions
- The Texas Voice investigated claims that State Representative Stan Kitzman’s business relationship with the Brookshire-Katy Drainage District violates the Texas Constitution and determined that the allegations are false
- Two Texas Attorney General Opinions, including a 2019 Opinion from Attorney General Ken Paxton, confirm that state legislators can legally have independent contractor relationships with political subdivisions
- The allegations regarding Kitzman have been promoted by organizations that are supporting Kitzman’s opponent in the Republican Primary
Recent articles published by the advocacy organization Texans for Fiscal Responsibility and an allied website, Texas Scorecard, insinuate that State Representative Stan Kitzman’s professional relationship with the Brookshire-Katy Drainage District violates the Texas Constitution. The Texas Voice has reviewed the allegations, applicable law, and relevant Texas Attorney General Opinions and found that Kitzman’s arrangement complies with the law.
Background
State Representative Stan Kitzman was elected to the Texas House in 2022 to represent District 85, encompassing Austin, Colorado, Fayette, Waller, and Wharton counties and a portion of Fort Bend County. Before taking his seat in the Texas House, Kitzman – an Army veteran with 21 years of military service – was employed by the Brookshire-Katy Drainage District, a special district based in Waller County.
Upon taking office, Kitzman left his employment with the District and formed a business entity, Fisk & Buller, LLC, that provides professional services to the District on a contract basis.
Kitzman’s situation is similar to that of former State Representative Jim Murphy, who represented a Houston-area district from 2007 until 2009 and again from 2011 until 2023. Murphy, who was employed by the Westchase District before his election to the Texas House, formed District Management Services, LLC to provide professional services to the Westchase District.
Attorney General Opinions Confirm Legality of Independent Contractor Relationships
In 2005, Texas Attorney General Greg Abbott was asked to render a formal opinion on whether a state legislator may simultaneously serve as president of a municipal management district. In Opinion GA-0386, Abbott determined that while an employee of a municipal management district may not also serve as a legislator, the Texas Constitution “does not prohibit an individual who works as an independent contractor for a municipal management district from simultaneously serving as a member of the legislature.”
Attorney General Ken Paxton was asked to address the matter again in a 2018 request from then-State Representative Sarah Davis, who served as Chair of the Texas House Committee on General Investigating & Ethics. Paxton’s Opinion – Opinion KP-0227 – confirmed that the Texas Constitution “does not prohibit an individual who works as an independent contractor from also serving as a state legislator.”
The Brookshire-Katy Drainage District’s contract is not with Kitzman individually, but rather with Fisk & Buller, LLC, a separate business entity owned by Kitzman. The contract between the Brookshire-Katy Drainage District and Fisk & Buller, LLC does not impose any duties or obligations on Kitzman personally.
The Texans for Fiscal Responsibility/Texas Scorecard Connection
On February 17, Texans for Fiscal Responsibility published an article about Kitzman’s relationship with the Brookshire-Katy Drainage District, insinuating that it violates the Texas Constitution’s prohibition on state legislators holding “any other office or position of profit under this State.”
Kitzman’s relationship with the Brookshire-Katy Drainage District was the subject of a January 5 article by Current Revolt. That article concluded that the arrangement complied with state law and was “not without legal precedent,” citing the two Attorney General opinions.
Texans for Fiscal Responsibility, which did not reference the Attorney General’s opinions in its article, has endorsed Kitzman’s opponent, Dennis “Goose” Geesaman, in the upcoming Republican Primary.
While it purports to support “pro-taxpayer” policies, Texans for Fiscal Responsibility endorsed Geesaman even though he voted to raise property taxes three times during his tenure on the Flatonia City Council. As a member of the Texas House, Kitzman has consistently voted in support of property tax relief legislation supported by Governor Greg Abbott and Lt. Governor Dan Patrick.
On January 20, Texas Scorecard – a website allied with Texans for Fiscal Responsibility – published an article claiming that the Texas Attorney General’s Office was investigating Kitzman’s arrangement with the Brookshire-Katy Drainage District.
“The Office of the Attorney General is conducting an investigation into this matter,” a spokesperson for the Office of the Attorney General told Texas Scorecard, without providing any additional information or details.
Attorney General Ken Paxton has been politically hostile to Kitzman in the past. In 2024, Paxton endorsed Tim Greeson, who challenged Kitzman in the Republican Primary that year. Kitzman defeated Greeson by a 67-33 margin.
Both Texans for Fiscal Responsibility and Texas Scorecard are part of a network of organizations tied to Midland businessman and political donor Tim Dunn. Other groups in that network, including Texans for Strong Borders and Texas Gun Rights, have also endorsed Geesaman.
In a statement, Kitzman’s campaign characterized the allegations as baseless political smears.
“This is nothing more than a desperate attempt by a desperate campaign to slander an American hero. Stan Kitzman’s business operation has been legally vetted, fully complies with the Texas Constitution and state law, and is explicitly supported by two Attorney General opinions.
These facts have been public and unchanged for years. There is nothing new here; only recycled political attacks timed for an election. Their campaign would rather smear a decorated combat veteran and proven conservative fighter in the legislature than talk about its own record. That tells voters everything they need to know.”
