Date Rape Drug Allegation Roils Texas Legislature

Speaker Dade Phelan, R-Beaumont

Amid a criminal investigation into an allegation that a lobbyist used a date rape drug on a legislative staff member, Texas House Speaker Dade Phelan on Monday took steps to make it easier to report incidents of sexual misconduct in and around the Capitol.

“For too long, the culture of the House made victims of harassment feel like they can’t or shouldn’t come forward,” said Phelan, a Beaumont Republican who began his career in the Capitol as a legislative aide before being elected to the House in 2014. He was elected to a first term as speaker in January.

“Victims shouldn’t have to decide between their career and coming forward,” he added in remarks to open Monday’s session. “That has to change to make it easier for individuals to constantly come forward and report harassment.

“We can and we must do better when it comes to changing the culture.”

The American Statesman first reported Saturday that the Texas Department of Public Safety has launched a criminal investigation after an unidentified Capitol staff member reported that she believed she had been given a date rape drug by a lobbyist earlier this month at a venue in Austin.

Speaker Dade Phelan, R-Beaumont, next to the American flag, receives a standing ovation after addressing the Texas House on Monday and announcing the creation of a hotline for people working at the Capitol to report sexual misconduct. Jay Janner/American-Statesman.

On Sunday, the founders of the influential public affairs firm Hillco Partners confirmed that the person is an employee and that the firm is conducting its own inquiry into the matter.

No charges have been filed, and the lobbyist has not been named. Lawyers representing the lobbyist on Monday said the man is cooperating with the inquiry “at every level requested” and denies giving anyone a drug.

“If, in fact, somebody drugged a Capitol staffer, it was not our client nor any employee of Hillco Partners,” attorneys David and Perry Minton of Austin said in a joint statement. “We can state this with absolute certainty. We respectfully request that everyone involved proceed with due caution before an innocent person’s life is ruined.”

Several lawmakers said in social media posts through the weekend that Hillco lobbyists, and in some cases all lobbyists, would be barred from their offices while the DPS investigation goes forward.

Bill Miller, a longtime Capitol insider and a co-founder of Hillco, acknowledged the pressure in an interview but said the statement reflected the firm’s values, irrespective of the outrage. “We take this stuff super-seriously,” MiIler said. “As soon as we got wind that we had an employee who was a person of interest, we acted immediately. “Phelan, who was notified Thursday of the DPS investigation, said the House General Investigations Committee will establish a hotline for anyone associated with the Capitol to report incidents of sexual misconduct.

The governor’s office also has been made aware of the allegation.

More: Partners of influential Texas lobby organization confirm criminal investigation over date drug allegation

State Rep. Senfronia Thompson, D – Houston, left talks to state representative Alma Allen, D – Houston, and Carl Sherman, D – DeSoto, shortly before Speaker Date Phelan, R – Beaumont, addressed the House on Monday April 26, 2021, about a recent allegation that a lobbyist used a date rape drug on a legislative staff member. Allen and Thompson, were among women state representatives who signed on “Open Letter of Support to Capitol Staff. Jay Janner / American-Statesman

New rules adopted in 2019, which do not apply to lobbyists, require House members and staffers to take training on identifying and responding to misconduct and made the chamber’s general investigating committee the main body to vet allegations.

The House’s revised sexual harassment policy also explains the multiple ways to report a complaint internally or externally, protections against retaliation, how to seek counseling for victims and confidentiality requirements.

Meanwhile, a letter initiated by state Rep. Donna Howard, D-Austin, and more than 30 of her female House colleagues was sent Monday to House employees offering “support for the staff member(s)” who came forward. It also referenced changes in House rules designed to combat sexual aggression within the Capitol community.

“The ultimate goal has been to change the culture of silence and victim blaming and, instead, create a supportive system that encourages anyone subjected to such abuses to know that they will be believed and supported through the process,” the letter states.

“It is our fervent hope that the DPS investigation that has been implemented will lead to swift resolution of this allegation and that the complainant(s) will be provided all necessary resources during the investigation, including support from the local SAFE Alliance or other victim services, as well as any workplace accommodations to ensure a safe working environment.

State Rep. Chris Turner of Grand Prairie, who leads the House Democratic Caucus, said he met with his mostly female staff Monday morning to remind them of the culture Phelan had mentioned.

“I told them to be careful, be aware of their surroundings,” Turner said in an interview. If they go out, go with a friend. If they are uncomfortable, get out of there.”

He said staffers are empowered to contact him directly if they are victims of sexual aggression.

Phelan noted in his remarks that the House has implemented sexual misconduct training for members and staffers. He said future training should be done in person rather than by video.

The Senate’s updated policy also requires training for lawmakers and staffers, and it states that the rules apply to all senators, staffers and the lieutenant governor’s office. The policy also explains that sexual harassment is illegal and outlines the consequences of it and a path for victims to report their harassers.

Hillco, founded in 1998, has offices two blocks south of the Capitol.

According to filings with the Texas Ethics Commission, Hillco lobbyists represent 99 clients that deal with the Legislature. Among them are Microsoft, the Dallas Cowboys, the Texas Rangers, the Houston Astros, the San Antonio Spurs, the Children’s Hospital Association of Texas, Blue Cross Blue Shield of Texas, Texas Motor Speedway, United Airlines and Austin StadCo LLC, the firm that operates the city’s new soccer stadium.

Staff writer Tony Plohetski contributed to this report.

Renowned legal expert with significant experience in Civil Law, Criminal Defense, and Family Law. Graduate of The University of Texas School of Law, and admitted to the bar in Texas and U.S. District Court Western District of Texas. Active member of esteemed legal associations including the Texas Bar Association and the Texas Criminal Defense Lawyers’ Association.