Public Policy Advocacy & Governmental Affairs
Our Public Law Practice
Kemp Smith has expertise and experience in all phases of government affairs representation. Our practice includes strategy development and execution, long range planning, strategic communications, and policy advocacy. We have a long history of experience before all major regulatory agencies including rulemaking, permitting and administrative agency litigation. We have a broad base of knowledge and strong relationships developed through years of working with the state and federal governments, and our elected representatives.
We offer our clients the following:
- Lobbying
- Legislative and regulatory strategy
- Local/regional government representation
- Briefing materials
- Drafting legislation and administrative rules
- Preparation of testimony
- Obtaining permits/licenses
- Advocacy before agency officials and staff
- Monitoring and analysis of proposed legislation
- Texas Ethics Commission requirements
- Business relations with public agencies
- Contested case hearings
- Appeals of Agency Rulings
- Political Action Committee and political contribution guidance
Kemp Smith attorneys provide experienced government agency and legislative representation in addition to business law, litigation, and transaction expertise. We represent a broad range of clients including major corporations, professional societies, trade associations and individuals. Kemp Smith is the Texas member of State Law Resources, Inc. (SLR), a national network of independent law firms working together to meet our clients’ needs throughout the country. The SLR network is comprised of highly respected, full-service law firms with particular expertise in state and federal legislative and regulatory issues. Our network helps businesses, trade and professional associations and public policy coalitions navigate the complex and time-consuming process of managing both legal and state government relations throughout the country.
Representative Projects
- National Football League. Successfully represented the NFL in its effort to defeat legislation which would have provided for state regulation of the League’s blackout rules. Advised the League regarding local and state issues and advocated its position with key legislators and committees.
- British Consul-General. Represented the British Government opposing legislation which would have limited the ability of state pension and retirement funds to invest in companies with facilities in Northern Ireland. We were successful in defeating these efforts on several separate occasions. This representation required dealings with the British Consul-General and the British Embassy, negotiation with opponents and members of the legislature and relevant state agencies.
- Exelon Corporation. This Fortune 500 energy company operates the largest fleet of nuclear plants in the U.S. We advise the company in its effort to site and permit a nuclear power plant in Texas. We also assist the company nationally regarding its efforts to support competition in the electric utility industry.
- Educational Testing Service (ETS). This client is the world leader in educational assessment. We assist in strategic policy development and advocacy with the Texas Education Agency, Governor’s Office, Legislature and Federal Government.
- Drillinginfo Inc. This national leader in information technology for the oil and gas industry has engaged us to develop a strategy for advocacy, education and relationship building with public officials, regulators and industry leaders in 6 of the largest oil and gas producing states. This requires that we train the company’s executives, identify key regulators and other officials in other states, identify key issues and appropriate professionals to engage, and manage their activities.
- Louisiana Energy Services - National Enrichment Facility. LES is a consortium of international energy companies organized to develop a uranium enrichment facility on the New Mexico/Texas border. We developed and manage a public affairs strategy in Texas to position it positively with officials and business leaders in key Texas cities and with officials in Texas state government.
- Aerospace Missions Corporation. We provide government and public affairs advice regarding economic development and federal policy. This representation includes assistance with the development of long range public and government affairs strategy and assisting with its implementation. We advise the company in its dealings with state officials, federal agencies and members of Congress. We also assist in the development and execution of the company’s general business strategy.
- Petro Stopping Centers. We represented this national leader in the truck stop industry regarding general public affairs advice and advocacy about gaming issues in Texas.
- Alchemy Systems, L.P. We provide strategic advice and public affairs management for this workforce training company. This includes identification of representatives in other states (8 states to date) and managing their activities.
- Texas Society of Anesthesiologists. Represented the Society before the Legislature and state regulatory agencies on all issues affecting the delivery of anesthesia care. This representation included negotiating with competing interest groups, drafting legislation, rules and testimony, and advocating for the Society’s position before decision makers.
- South Texas College of Law. This 80 year old institution is the only free standing independent law school in Texas which offers legal education to over 1200 students in its downtown Houston facility. We were engaged to develop a government affairs strategy and lead its implementation. We represent the College in its dealings with the state legislature, the Texas Higher Education Coordination Board and provide advice regarding its public and government affairs activities.
“I don’t want to get involved in a nuclear project in Texas unless we have Tom involved.”
“Tom has a way of seeing around the corner.”
“Tom has a way of seeing around the corner.”
- Maine Yankee Atomic Power Co. Represented Maine’s nuclear utility in its successful effort to create an interstate compact for low level radioactive waste disposal. This representation involved the development of multi faceted public and government affairs activities including local, state and national strategies. Our team successfully drafted and passed legislation in the Texas Legislature, negotiated compact terms between the Governors’ offices of Maine, Texas, and Vermont, and planned and executed the ratification of the compact by Congress.
- State of Maine. Represented Maine’s interests in Texas regarding the low level radioactive waste compact and its ultimate withdrawal from the compact. We maintained contact with key state leaders including Texas’ Governor, Lt. Governor, Speaker, legislative leaders and executives of the relevant regulatory agencies. We also successfully negotiated Maine’s withdrawal at no cost in spite of Texas’ efforts to collect $12,500,000 in fees it clamed was owed. We also regularly briefed the senior staff of Maine’s Governor and Attorney General regarding developments in Texas.
- Gateway Foundation. We advise this national leader in providing substance abuse treatment programs to inmate populations. We have assisted it in developing and implementing a strategy for advocating for increased appropriations and educating local and state officials about the benefits of its program.
- Texas Professional Sports Coalition. We formed a coalition of all of the then existing major league professional sports franchises in Texas (Dallas Cowboys, Dallas Mavericks, Texas Rangers, San Antonio Spurs, Houston Rockets, Houston Astros, and Houston Oilers) to develop a government affairs effort in order to pass an amendment to the Texas worker’s compensation statute which provided a mechanism for the teams to save millions of dollars per year in workers’ compensation insurance premiums.
- LeFleur Transportation of Texas, Inc. We advise this transportation contractor regarding developments in state policy and efforts to develop new initiatives to increase its business. Our representation includes working with the Texas Department of Transportation, Texas Legislature, Governor’s Office and various other state agencies.
- NRG Energy. We advised this independent power producer regarding state government and public affairs issues. We developed and implemented a plan which introduced the company to state leaders and agency heads, and advised the company in its ongoing public and government affairs efforts. This included arranging meetings for company executives with state leaders and regulatory agency heads; briefings regarding environmental, transportation, energy and political developments as well as advocating the company’s interests before state government.
- South Orient Railroad Co. Successfully opposed legislation which would have severely limited the company’s efforts to sell its assets. Negotiated with Texas Department of Transportation regarding funds escrowed from the sale of the railroad.
- FMC Technologies, Inc. On behalf of this world wide engineering service firm, we successfully negotiated language regarding professional registration in the engineering practice act adopted by the Texas legislature.
- Gerald Hines Interests and others. We led the strategy development and advocacy by Gerald Hines Interests and a coalition of private colleges, medical facilities and other building owners in an effort to extend the statute of limitations for the bringing of suits to recover damages for properties contaminated by asbestos.
- Texas Medical Association. Advised this major professional society regarding conflict of interest issues for lobbyists and disciplinary issues facing the professions. This includes research of the law of conflicts, advice regarding specific fact situations, preparation of written opinions and presentations to medical specialty societies.
- Houston Aeros Hockey Club. Successfully represented Texas’ first professional hockey team for inclusion in the worker’s compensation legislation described above. We also successfully opposed legislation which would have allowed use of public money for financing and building sports facilities.
- Houston Oilers (now Tennessee Titans). Represented the Club and its parent company on a number of state regulatory agency matters and legislative efforts dealing with such diverse topics as taxes, workers’ compensation for professional athletes, public funding for facilities, and other issues.
- State Bar of Texas. Successfully opposed multiple efforts by the Legislature to take State Bar dues funds and place them in the State’s General Revenue Fund and subject it to the general appropriations process. This representation also included leading the drafting and reenactment of the State Bar Act.
- American Society of Landscape Architects. Represented this national professional society in the drafting and passage of a new state registration statute. This effort required negotiation with competing professional societies, preparation of testimony, drafting legislation and advocacy with the Legislature and the state licensing authorities.
