Texas Ethics CommissionPO. Box 12070Austin, Texas 78711-2070(512)463-5800 (TDD 1?800?735?2989)Transportation Code; or- a utility bill, bank statement, government check, paycheck or other government document thatshows the name and address of the compiainant and is dated not more than 30 days beforethe date on which the complaint is filed..SWORN COMPLAINT BEFORE THE TEXAS ETHICS COMMISSIONAn individuai must be a resident of the state of Texas to be eligibte to fiie a sworn complaint with the Texas EthicsCommission. The complainant is required to attach to the complaint a copy of one of the foliowing documents:- complainant's driver's license or personal identification certificate issued under ChapterI521of the Transportation Code, or commercial driver's license issued under Chapter 522 of theEffective September 1, 2009, an individual may also be eligible to file a sworn complaint with theTexas Ethics Commission if the individual owns real property in the state of Texas. Under thisprovision, the complainant will be required to attach to the complaint a copy of a property tax bill,notice of appraised value, or other government document that shows the name of the complainant,shows the address of the real property in Texas, and identifies the complainant as the owner of thereal property.OFFICE USE ONLYDocket NumberDate 0: Dale PostmarkedI. IDENTITY OF COMPLAINANT1 COMPLAINANT FIRST NICKNAME LAST SUFFIX5ri-EL?forJ2 COMPLAINANT ADDRESS CITY: STATE: ZIPCODE?l?i(a5? Formesf Pr-Mic ?Fm Uormi TX tibuo(Full home or business address, including street, city, state, and zip code)COMPLAINANTMAILINGAD (check if same as above)ADDRESS APTISUITE ?.*lLo5 Fowe?f Voaid 71(Full home or business address, including street, city, state, and zip code)ZIP CODE?twpPOSITION ORTITLE5779775 4 COMPLAENANT AREA CODE PHONE NUMBER EXT 5 COMPLAINANTTELEPHONE ?04NUMBER 955,4 ADDRESS II. IDENTITY OF RESPONDENT3 RESPONDENT FIRST MI iJe~>{ e. NICKNAME LAST 7 RESPONDENT8 RESPONDENT ADDRESS z:PcoDEPHYSICALADDRESS [9490 ln/- 9% Fa/:1 lvdoiznf I TX "7 ((326 3 (Full home or business address, inciuding street, city, state, and zip code)9 RESPONDENT ADDRESS ZIPCODEMAILING {#90 kl #1 ADD SS 23.: d? . ?uIrE Zoo same as above) (Fuil home or business address,including street, city, state, and zip code)10 RESPONDENT AREA CODE PHONE NUMBER EXT 11 RESPONDENTTELEPHONE NUMBER .. 3'18 .2350 ADDRESS (IF KNOWN)GO TO PAGE 2Revised 09/18/2012Texas Ethics Commission PO. BOX 2070 Austin, Texas 78711-2070 (512) 4636800 (TDD 1-800-735-2989)NATURE OF ALLEGED VIOLATION Page 2Include the specific law(s) or rule(s) alleged to have been violated. The Texas Ethics Commission hasjurisdiction to enforceonty the following laws: (1) Title 15 ofthe Election Code; (2) Chapters 302, 303, 305, 572, 2004 ofthe Gov't Code; (3) 334.025and 335.055 of the Local Gov't Code; (4) Subchapter C, Chapter 159 of the Local Gov't Code, in connection with a countyjudicial officer who elects to file a financial statement with the commission; (5) 2152.064 and 2155.003 of the Gov't Code;(6) 306.005 ofthe Gov't Code.566 Downiwr.ATTACH ADDITIONAL PAGES AS NEEDEDRevised 09/18/2012Texas Ethics Commission P.O. Box 12070 Austin, Texas 78711-2070 (512) 463-5800 (TDD IV. STATEMENT OF FACTS 0 Page 3. State the facts constituting the alleged violation(s), including the dates on which orthe period of time in which the allegedviolation(s) occurred. Identify aliegations of fact not personally known to the complainant, but alleged on information andbelief. Please use simple, concise, and direct statements.SEE ATTACH ADDITIONAL PAGES AS NEEDEDRevised 09/18/2012Texas Ethics Commission P.O. Box 12070 Austin, Texas 7871 .1 -2070 (512) 4636800 (TDD 1-800-735-2989)that are relevant to this complaint and that are within your knowledge, inciuding their location, if known._L__m2_ono 2010 Mgwbas Zotl DA-ms PFS.2. Fore?? woscnl ?-rm -Teaeem-_1 /4;-rucus3- bus Ar.-no.5Al. DMA Hamem Puss La. rxlew?lir Cen.nnw1e 0P Newer DAMS BIOSV. LISTING OF DOCUMENTS AND OTHER MATERIALS Page 4List all documents and other materials filed with this complaint. Additionally, list all other documents and other materials8. Bram 7,olo,zou,2olz Inromw?onl9. Foswea. Zoll .2012 Loeexli Qeaastawrlod ID. Nemsulr bm/is Panpasslonmz, Ilsuwaa u. Tsaulg /Irma-6I2. DFN -BOND ?ouwsu ,Z7wro/zmmozdNews}; 1411515 gp mm?; H. gENB/wok. game ATTACH ADDITIONAL PAGES AS NEEDEDRevised 09/18/2012Texas Ethics Commission P.O. Box 12070 Austin, Texas .7871 1 -2070 (512)463-5800 (TDD 1?800?735?2989)VI. AFFIDAVIT . Page 5BASED on PERSONAL KNOWLEDGE(Execute this affidavit if the acts alleged are within your direct personal knowledge.) complainant,s. I swear that I have knowledge of the facts alieged in this complaint and he information contained in this complaint is true and correct.Signature of ComplainantAFFIX NOTARY STAMP SEAL ABOVESworn to and subscribed before by the said the day of signiatti/rea/officer administering oath Printed name of officer administering oath Title of officer administering oathVII. AFFIDAVITBASED ON INFORMATION AND BELIEF(Execute this affidavit if the acts alleged are not within your direct personal knowledge, but are based on reasonable belief.)I, swear that I am a resident of the state of Texas. I swear that I have reason to believeand do beiieve that the violation aileged in this complaint has occurred. The sourceof my information and belief is Signature of Complainant AFFIX NOTARY STAMP I SEAL ABOVESworn to and subscribed before me, by the said thisthe '3 day ofO?f?iLt?b__0 20 fl 9\ to certify which, witness my hand and seal of office.5::-inn i r~a~"L r5'lL_ Signat?nf officer administering oath Primed name Of Of?cet administering Oath Title of officer ?d ministering oathRevised 09/18/2012A COMPLAINT WILL BE DISMISSED IF A COPY OF ONE OF THE FOLLOWINGDOCUMENTS IS NOT ATTACHED AS PROOF OF TEXAS RESIDENCY.Please check one of the boxes below to indicate the copy of the document you haveattached to the complaint:E?as driver's licensepersonal identification certificate(issued under Chapter 521 of the Transportation Code)commercial driver's license(issued under Chapter 522 of the Transportation Code)utility bill bank statement government check paycheck other government document with name and address of complainant and dated not more than 30 days before the date on which the complaint is filed Revised 09/18/2012WAIVER OF NOTICE BY CERTIFIED MAIL REQUIREMENTwaive the requirement that written notices addressed to me concerning any pending sworncomplaint be sent by registered or certified mail, restricted delivery, return receipt requested.I understand that I may withdraw this waiver by written notice to the executive director of theEthics Commission.I further understand that the commission will send all written notices to me by first class mailunless the commission's staff and I agree on an alternative means.I also understand that the commission retains the right to mail any notices to me by morerestrictive means than first class mail ifthe commission in its directions determines it iswarranted.IIMIL PrirItNamW%/z SignatureIO IQ DateRevised 09/18/2012 NATURE OF ALLEGED VIOLATIONComplainant alleges that Texas State Senator Wendy Davis violated state ethics laws by hidingher business relationships with registered state lobbyists (including 2 of the 3 members of herown law/lobbyist firm).Specifically, Davis violated multiple times the personal financial disclosure ethics requirementsin Chapter 572 of the Government Code by failing to disclose her business relationships withregistered lobbyists on her calendar year 2010 Personal Financial Statements that shefiled during the 2011 legislative session; by then falsifying her lobbyist relationships on anamended 2010 PFS filed one year later (April 2012); and by falsifying lobbyist relationships onher 201 1 PFS statement filed April 2012. In all three instances Davis signed false and misleadingethics disclosure filings under oath and penalty of perjury.A parallel complaint has also been filed against Davis with the Travis County District AttorneyPublic Integrity Unit for her possible illegal use of public in?uence to gain lucrative publiccontracts from entities she did not disclose on her 2010 and 2011 PFSS which had registered statelobbyists and involving state legislation upon which Davis voted, switched votes and/or authoredlegislation.Thus, the omission and falsification on PFS information by Senator Davis, which would havedisclosed her business relationships with registered state lobbyists appears to have been part of apre?meditated public corruption cover-up scheme to enable the successful award of at least onelucrative public contract to Davis? own law/lobby firms (Newby Davis and Cantey Hanger) withthe North Texas Tollway Authority during the 82"? State legislative session andanother multi?million dollar contract with NTTA awarded in August of 2012 . The initiallucrative NTTA legal services contracts awarded to Davis? law firm was within days of Davissimultaneously casting reversed/favorable votes in the State Senate benefiting the NTTA and byDavis then co?authoring favorable legislation for the NTTA which directly benefited herlaw/lobby firm with a multi?million dollar contract.Furthermore, there is reason to believe Davis has also used her state position (per the cover upscheme of the false and misleading information she provided to the Texas Ethics Commission onher PFS) to direct and in?uence other lucrative public contracts to her two affiliated law firms,clients of her law firms and to other registered lobbyists with whom Davis has had close businessand personal relationships during the 81'? and 82"" Sessions of the Texas Legislature. (Again, thisinformation was concurrently forwarded to the Travis County District Attorney Public IntegrityUnit for criminal public corruption investigation).Complaint alleges to the Texas Ethics Commission that State Senator Wendy Davis violated Sec.572.023. CONTENTS OF FINANCIAL STATEMENTS IN GENERAL.Sec. 572.023. CONTENTS OF FINANCIAL STATEMENT IN GENERAL.The account of financial activity consists of:(12) any corporation, firm, partnership, limited partnership, limited liability partnership,professional corporation, professional association, joint venture, or other businessassociation, excluding a publicly held corporation, in which both the individual and aperson registered under Chapter 305 have an interest;Complaint also alleges Davis violated Sec. 572.024. INFORMATION ABOUT SERVICES FORLOBBYISTS OR LOBBYISTS EMPLOYERSSec. 572.024. INFORMATION ABOUT SERVICES FOR LOBBYIS TS OR LOBBYIS EMPLOYERS. A state officer who receives a fee for services rendered by the officer to oron behalf of a person required to be registered under Chapter 305, or to or on behalf of aperson or entity that the officer actually knows directly compensates or reimburses aperson required to be registered under Chapter 305, shall report on the financialstatement the name of each person or entity for which the services were rendered and thecategory of the amount of each fee.IV. STATEMENT OF FACTSBackgroundThis complaint is brought to the Texas Ethics Commission to address:1. State Senator Wendy Davis? failure to properly disclose her business relationships withregistered lobbyists;2. False and misleading information Senator Davis provided on her Personal FinancialStatements for calendar year 2010 and calendar year 201 1; and3. Davis? use of falsified ethics disclosure documents to prevent public scrutiny of possiblemisuse of her public office as Texas State Senator for personal financial gain.Since her election in 2008, Wendy Davis has served as Texas State Senator for Senate District 10.She currently sits on the following state senate legislative committees: International Relations Trade; Select Committee on Open Government; Education; Transpoitation Homeland Security;and Veteran Affairs Military Installations.In 2010, Wendy Davis formed a 3-person law/lobby firm. Of the three members of that firm, one(Davis) is a member of the Texas Senate and two (Brian Newby and Marcy Weldin Foster) areregistered lobbyists. Newby and Weldin Foster filed state lobbyist registration and declared?subject matter categories? for their lobbying on topics overlapping the jurisdiction of the sameState Senate Committees on which Davis was a member. Though these two lobbyists disclosedtheir lobby clients only as Davis? own law firms (Newby Davis and Cantey Hanger) they filedtheir scope of lobbying activity on subject matters including Business Commerce; CharitableNon?profit Organizations; City Government; County Government; Education; Energy;Environment; Health Healthcare; Highways Roads; Hospitals; Human Services; MilitaryVeterans; Occupational Regulation; Oil Gas; Open Records Open Meetings; Parks Wildlife; Special Districts Authorities; State Agencies, Boards Commissions;Transportation; Utilities and Water. Clearly these lobbying ?subject matters? indicateinterests broader than those of a law firm and suggest Newby and Weldin were possibly lobbyingfor the undisclosed clients of the Newby Davis and Cantey Hanger law firms as well. Regardless,Wendy Davis is a co?founding partner of Newby Davis and clearly has business interests incommon with lobbyists.EmploymentOn March 2, 2010, Wendy Davis became ?Of Counsel? to Cantey Hanger, LLP (?CanteyHanger?), a Fort Worth, Texas based law firm, where she specializes in lobbying and legal workinvolving regulatory, public policy, and legislative issues.?A few weeks later (March 22, 2010) Davis cofounded Newby Davis, PLLC (?Newby Davis?) .2Newby Davis is an MWBE certified Fort Worth law firm (located in the same office buildingowned and occupied by Cantey Hanger) that provides public affairs (lobbying) and legal servicesto cities and other public entities as well as private companies seeking to do business with publicentities Cantey Hanger also appears to have an ?alter ego? relationship with Newby Davis to help theCantey Hanger firm win public contracts through Senator Davis undisclosed relationships withregistered lobbyists and through Newby Davis? designation as an MWBE firm (evidence of this ison the attached proof of insurance documentation form Davis provided to the NTTA after theyawarded her a lucrative legal services contract during the 82?? legislative session).Also, according to Davis? biography on both the Newby Davis and Cantey Hanger websites,Davis? law practice includes ?federal and local governmental affairs? despite this being anoverlapping and redundant responsibility of her public servant responsibilities as an elected StateSenator.Business Relationships with LobbyistsIn 2010, Brian Newby, Davis? business partner, was registered to lobby for Cantey Hangerf? Thenext year, Newby was registered to lobby for both Cantey Hanger AND Davis? own firm, NewbyDavis. Records with the Texas Ethics Commission reveal Cantey Hanger and Newby Davis alsoadded another lobbyist to their team - Marcy Weldin Foster.Brian Newby?s biography on the firm?s website states ?He has extensive experience inlegislation, governmental a?fairs, construction litigation and commercial contract disputes,?Legislator, ex?Perry aide to start law firm Fort Worth Star?Telegram; March 29, 20102 Newby Davis, PLLC Certificate of Formation; Filed March 22, 2010.3 ?Legislator, ex-Perry aide to start lawfirm Fort Worth Star?Telegram; March 29, 20104 Texas Ethics Commission Lobby Registration Recordsperson.al injury, insurance litigation, workers? com.pensation., product liability, banking,employment, education, and class actions. According to her biography on the Newby Davis website, ?Marcy Weldin is a non~attorneylobbyist and the executive director ofNewby Davis. Ms. Weldin brings more than 10 years ofTexas legislative and governmental relations experience to Newby Davis clients. Marcy ?sextensive experience and background working across party lines provides clients with strategiclegislative and government affairs counsel in a number of areas. During previous legislativesessions Marcy has represented clients? before the Texas Legislative and Executive branch.During the interim, Marcy continues to represent clients on a variety of government relationsinterests before state agencies and commissions and with members of the legislature. Sheeffectively communicates with agencies during the agency rulemaking and implementation phaseof legislative and statutory directives. ?5Senator Davis? firm is advertising its expertise and soliciting clients to lobby the very Statelegislature in which Davis serves, yet Davis managed to hide this fact from the public and the restof the legislature during an entire legislative session.Texas Ethics Disclosure RequirementsDavis is required by Chapter 572 of the Government Code to file a PFS with the Texas EthicsCommission. Section requires the filer to identify each business entity in whichthe filer, spouse, or dependent child and a registered lobbyist have an interest. It is important tonote that the disclosure requirement in Section does NOT require the ?interest? tobe a ?substantial interest? as defined by Section 572.005.Section 572.024 requires a state officer who receives a fee for services rendered by the officer toor on behalf of a registered lobbyist, or to or on behalf of a person or entity that the officeractually knows directly compensates or reimburses a registered lobbyist to report the name ofeach person or entity for which the services where rendered and the category of the amount ofeach fee. (Emphasis Added)In addition every filer must sign a Personal Financial Statement Affidavit in which the filerswears, or affirms, under penalty of perjury, that the information is true, correct, and includes allinformation required to be reported under Chapter 572 of the Government Code.5 Senat.or Davis did not disclose her lobbyist relationships with Brian Newby or Cantey Hanger onher 2010 PFS filed on May 2, 2011 (during the. 82"" Legislative Session). Davis then falsified heramended 2010 PFS (filed in April 2012) per her business relationship with Brian Newby andcontinued to not disclosure her lobbyist relationship with Cantey Hanger. She also continued tofalsify and omit the Brian Newby and Cantey Hanger lobbyist relationships on her 2011 PFS(also filed in April 2012) and failed to disclose her business lobbyist relationship with her ownemployee Marcy Weldin on her 201 1 PFS.Violation 1 - Calendar Year 2010 PFS Part 14On May 2, 201 1, Wendy Davis filed her PFS covering calendar year 2010 with the Texas EthicsCommission. On this PFS, Davis indicated she is ?Of Counsel? to Fort Worth law firm CanteyHanger and listed Cantey Hanger as a source of occupational income.In addition, Davis? entries on her PFS clearly indicate that Davis plays a very significant role inNewby Davis - the law/lobby firm she founded. For example, in Part 1A of the PFS, Davis listedNewby Davis as a source of her occupational income. In Part 7B of the PFS, she reportedholding a beneficial interest in Newby Davis, and in Part 12 of her PFS, Davis reported that she isa partner in Newby Davis.As previously mentioned, Part 14 of the PFS requires a filer to disclose any business interest witha registered lobbyist. Yet, even though Davis is ?Of Counsel? to Cantey Hanger, she failed todisclose that Cantey Hanger employed a registered lobbyist (Brian Newby) and that she shares abusiness partnership (Newby Davis) with a registered lobbyist (Brian Newby). In fact almost one year passed before Davis filed an amended report with the Texas Ethics Commission tofinally disclose her business partnership (Newby Davis) with lobbyist Brian Newbv. but Davisthen falsified her report in describing her business lobbvist relationship with Newby.?Violation 2 - Calendar Year 2010 PFS Part 15Part 15 of the PFS requires a state officer who receives a fee for services rendered by the officerto or on behalf of a registered lobbyist, or to or on behalf of a person or entity that the officeractually knows directly compensates or reimburses a registered lobbyist to report the name ofeach person or entity for which the services where rendered and the category of the amount ofeach fee. (Emphasis Added)6 Wendy Davis Amended filed April 23, 2012.Again, Senator Wendy Davis is ?Of Counsel? to Cantey Hanger (March 2010 to present). Shelisted Cantey Hanger as a source of occupational income on her calendar year 2010 PFS. BrianNewby was registered to lobby the Texas Legislature on behalf of Cantey Hanger in 2010.Wendy Davis had a duty to disclose that she receives income from an entity (Cantey Hanger) thatshe knew compensated or reimbursed a registered lobbyist (Brian Newby), yet Davis failed to doso as required by law. Further note that Brian Newby is also Davis? partner in their Newby Davislaw firm as well and that he is a registered lobbyist for the Newby Davis law firm.In Texas Ethics Advisory Opinion No. 333, the Texas Ethics Commission pointed out that?although the statute does not require a state o?ficer to undertake a painstaking investigation todiscover whether a client compensates a person "required to be registered" as a lobbyist, thestate o?icer "actually knows" the client does so if he or she has express information to that ejfector can acquire that express information through readily available means. A "belief" that a personcompensates or reimburses a person required to be registered as a lobbyist would constituteactual knowledge tfthe o?ficer has express information that the client compensates such a personor if the o?icer can readily determine that fact for example, by calling the Texas EthicsCommission). Davis and Brian Newby formed a law firm together in 2010. In addition, they are both attorneysemployed by Cantey Hanger. Wendy Davis specializes in regulatory, public policy, andlegislative issues for Cantey Hanger. It is therefore reasonable to conclude that Davis knew BrianNewby was registered to lobby the Texas Legislature on behalf of Cantey Hanger.Violation 3 - Calendar Year 2011 PFS Part 14Davis filed her PFS covering calendar year 2011 with the Texas Ethics Commission on April 23,2012. This time Davis does disclose the fact that she has a business partnership with a registeredlobbyist (Brian Newby). However, in her disclosure statement in Part 14, Davis completelyattempts to mislead the public and hide the fact that her partner lobbies the Texas Legislature o_nbehalf of her own law ?rm by writing ?Brian Newby lobbies through assoc. with anotherentity.?7 Wendy Davis PFS Filed April 20, 2012 with Texas Ethics Commission.Official public records with the Texas Ethics Commission clearly contradict Davis? statement.Brian Newby is registered to lobby on behalf 0fNewbv Davis. and Newby Davis also emnlovsanother registered lobbvist. Marrv Weldin oster.8Violation 4 - Calendar Year 2011 PFS Part 15As mentioned above, Part 15 of the PFS requires a state officer who receives a fee for servicesrendered by the officer to or on behalf of a registered lobbyist, or to or on behalf of a person orentity that the officer actually knows directly compensates or reimburses a registered lobbyist toreport the name of each person or entity for which the services where rendered and the categoryof the amount of each fee. (Emphasis Added)Davis is one of two founding partners for Newby Davis. On her 2010 and 2011 she notesthat Newby Davis is a source of occupational income for her and that she is a partner in NewbyDavis. She is also ?Of Counsel? to law firm Cantey Hanger and receives occupational incomefrom Cantey Hanger. Texas Ethics Commission records indicate that both Newby Davis andCantey Hanger employ Brian Newby and Marcy Weldin Foster as registered lobbyists for bothlaw firms.It is ludicrous to believe that Wendy Davis had no knowledge that Brian Newby and MarcyWeldin Foster were registered to lobby on behalf of the firm she founded and were registered tolobby on behalf of the firm in which she is ?Of Counsel?. She was required by state law todisclose these business relationships and fees in Part 15 of the PFS and failed to do so in a blatantattempt to hide the fact that she is using her official office as Texas State Senator for personalfinancial gain.In addition, public records reveal Newby Davis has obtained multiple contracts with publicentities that also employ registered lobbyists. These entities include the North Texas TollwayAuthority; the Fort Worth Independent School District; the Benbrook Water Authority; and theDallas?Fort Worth International Airport.Newby Davis was awarded a contract by the North Texas Tollway Authority onMarch 17, 2011.9 Davis even worked with NTTA during the 82"? legislative session on a8 Brian Newby and Marcy Weldin Foster Lobby Registrations on file with Texas Ethics Commission9 NTTA Legal Services Committee Minutescommittee substitute to SB 469 - legislation that ultimately resulted in a second lucrative contractfor Davis? firm.Minutes from a May 201 1 Benbrook Water Authority board meeting appear to indicate therenewal of a bond services contract with Newby Davis.? Newby Davis? own website advertisestheir contract with the Dallas Fort Worth International Airport." Finally, a recent article in theTexas Tribune highlighted Newby Davis? contracts with these entities as well as the Fort WorthIndependent School District.?According to records with the Texas Ethics Commission, each one of these entities employregistered lobbyists. This information could easily be determined with a simple phone call to theTexas Ethics Commission or a just a few clicks of a mouse to the Texas Ethics Commissionwebsite, yet Davis chose to disregard Texas ethics laws and hide her relationships with theseentities and as well as the lucrative fees they paid her.The above ethical violations clearly highlight Wendy Davis? pattern of falsifying publicdocuments to conceal her own business involvement with registered lobbyists, and entities usingregistered lobbyists, to win a lucrative public contracts (NTTA) that in turn has enriched Daviswhich further raises the question of public corruption by Davis in abusing the public trust of herState Senate position.In summary:1. Wendy Davis began serving as Texas State Senator for Senate District 10 in January2009;2. Wendy Davis became ?Of Counsel? to Cantey Hanger in March 2010 shortly after sheacted in her capacity as a State Senator to push the Texas Department of Transportationto assist NTTA in funding the Chisholm Trail Parkway;3. A few weeks later Davis and another Cantey Hanger lawyer/registered lobbyist (BrianNewby) form a law/lobby firm (Newby Davis) in March 2010 and locate their newlaw/lobby office within the offices of Cantey Hanger;4. Wendy Davis? new law/lobby firm partner (Brian Newby) was already registered as alobbyist with the Texas Ethics Commission and had began lobbying the TexasMay 13, 201 1 Benbrook Water Authority Meeting '2 ?Davis? Legal Work At Issue in Senate Race; Texas Tribune; 9/28/l 2Legislature and State government on behalf of Cantey Hanger and other clients onFebruary 12, 2009;5. Newby continued his lobby practice through 2010 and registered with the Texas EthicsCommission as a lobbyist for both the Cantey Hanger law firm AND for the NewbyDav-is law/lobby firm on January 1, 2011;6. Wendy Davis falsified her April 201 1 filing of her 2010 PFS by omitting her businesspartner relationship with Brian Newby (a registered lobbyist) and her businessrelationship with Cantey Hanger, who was represented by a registered lobbyist (BrianNewby);7. In 2011 (during the 82"? Session of the Texas Legislature)? Davis, Newby, Newby Davisand Cantey Hanger all pursue and win a lucrative legal services contract with the publicentity 8. Within days after receiving the NTTA contract, Davis casts reversed/favorable votes inthe Texas Senate to benefit 9. The FBI launches an investigation of the NTTA in 2011 which is believed to be on~going?;10. In late 201 and early 2012, the ethics and legality of the Newby Davis/Cantey Hangercontract with the NTTA are questioned by local DFW press and even members of theNTTA Board due to the failure of conflict of interest disclosures surrounding CanteyHanger and Newby Davis? business relationship with a NTTA Board Member (KenBarr) who also offices in the same office building and same floor as Cantey Hanger andNewby Davis employees Wendy Davis, Brian Newby and Marcy Weldin Foster;11. In April of 2012, ALMOST ONE YEAR AFTER falsifying the May 2011 filing of her2010 PFS, Senator Davis files a fraudulent amended report with the Texas EthicsCommission (for her 2010 PFS) in part acknowledging her prior and apparent illegalnon-disclosure of her business lobbyist relationship with Cantey Hanger who retains aregistered lobbyist (Brian Newby, who is also Davis? own law partner in Newby Davis);12. On the April 2012 corrected filing of her 2010 PFS, Davis falsifies the true nature of herbusiness relationship with registered lobbyist Brian Newby with the misleadingstatement: ?Brian Newby lobbies through assoc. with another 13. On her fraudulent amendment filing of her 2010 PFS, Davis also continues to omit herbusiness lobbyist relationship (Part 15) with Cantey Hanger.'3 Dallas Morning News'4 Wendy Davis PFS Filed April 20, 2012 with Texas Ethics Commission.1014. On her 201 PFS, Davis continues to withhold and falsify her lobbyist businessrelationships with Brian Newby, Cantey Hanger and omits her business lobbyistrelationship with her own employee Marcy Weldin Foster.15. On her 201 1 PFS, Davis fails to disclose her business relationships and the fees receivedfrom clients such as NTTA, the Fort Worth Independent School District, BenbrookWater Authority, and Dallas Fort Worth International Airport all entities which employregistered lobbyists.11Texas Ethics Commission Box 12070 Austin, Texas 787112070 (512) 463-5800 (TDD 1-8005/35-2989)PERSONAL FINANCIAL STATEMENT FORM PFS. COVER SHEETTOTAL NUMBER OF PAGES FILE D:Filed In accordance with chapter 572 of the Government Code.For filings required in 2011, covering calendar year ending December 31, 2010. ACCOUNT Use FORM when completing this form. Cog Qq 5OFFICE USE ONLY1 NAME FIRST: Mi Date Received. . . . . . . . . . . . . . . . . . . . . . . . . . . HAND DELEVEREQ, I 5 RECEEVEED2 ADDRESS ADDRESS rpo cox; STATE: ZIP CODE 0 2 11?? - 0?/x 50? I Texas Ethics Cornmission (A) 5 I Receipt (CHECK IF HOME ADDRESS) 3 AREA CODE PHONE 0 2 NUMBER i 5 3 5? Datelmaged4 REASON FOR FILING CANDIDATE (INDICATE oI=I=tcEiSTATEMENT OFFICER L3+ri (INDICATEOFFICE)APPOINTED OFFICER ?Norma AGENCY)EXECUTIVE HEAD u~mcATe AGENCY: .FORMER OR RETIRED JUDGE SITTING ev PARTY CHAIR aNo:cAre mmPOSITION)El OTHER5 Family members whose financial activity you are reporting (?ier must report information about the ?nancial activity of the flier?s spouse ordependent children if the ?ier had actuat control over that activity):SPOUSEDEPENDENT CHILD 1.2.3. your financiat activity during the preceding calendar year. In Parts 1 through 14, you arein Parts 1 through 18, you will disclosenancial activity, but also that of your spouse or a dependent child it you had actual controlrequired to disclose not only your own over that person's financial activity.9% COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY 43937]11/179910 F-E PLOYEDTexas Ethics CommissionNOTAPPLICABLEP.O. I-SOURCES OF OCCUPATIONAL INCOME-Austin?, Texas (512)463-5800When reporting information about a dependent chiid's activiproviding the number under which the child is listed on the Cover Sheet. 2 EMPLOYMENT- - - . . - . . - - . .SELF-EMPLOYED1 INFORMATION RELATES TOBYANOTHERspouse DEPENDENT CHILDNAME AND ADDRESS OF EMPLOYERIPOSITION HELD(Check If FlIer?s Home Address)01? Toe cL?I?-loo ?irmaag -EMPLOYED INFORMATION RELATES TOEMPLOYMENT OYED BY ANOTHERIEMPLOYED av ANOTHER(TDD 1-800-735-2989).1Aty, indicate the child about whom you are reporting by NATURE OF OCCUPATION37%-It, 36,1/Latfvv? WW INFORMATION RELATES TOFILER El spouse DEPENDENT CHILDNAME AND ADDRESS OF EMPLOYERIPOSITION HEI.DEMPLOYMENT(Check If Fiier's Home Address)LLCwast (IN St.) 5%/IKILMA(Q00 FILER spouse CI DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER IPOSITION HELD(Check if FIIer's Home Address)(202) wL5%g . I I INATURE OF OCCUPATION COPY AND ATTACH ADDITIONAL PAGES AS NECESSARYRevised 11/17/2010Texas Ethics-Commission P.O. Box 12070 .Austin, Texas 70711-2070I INTERESTS IN BUSINESS ENTITIES 7 PART 7BNOTAPPLICABLEDescribe all bene?cial interests in business entities held or acquired by you. your spouse. or a dependent child during thecalendar year. lfthe interest was sold, also indicate the category of the amount of the net gain orloss realized from the sale.For an explanation of "bene?cial interest" and other speci?c directions for completing this section, see FORM PFS--INSTRUCTION GUIDE.Whenreporting information about a dependent child's activity, indicate the child aboutproviding the number under which the child is listed on the Cover Sheet.whom you are reporting by 1HELD OR ACQUIRED BY Qrp? spouse CI DEPENDENT CHILDNAME AND ADDRESS(Check if Filar's Home Address)ZLIZJ LL). 3'03Farr mm? TL ?um:tHELD OR ACQUIRED BY FILER spouse El DEPENDENT CHILD3IF SOLDNET GAIN LESS THAN $5.000 El MORENET LOSS NAME AND ADDRESS(Check if Filer's Home Address)two F?rml7 (5?12)4e3?5000_ (TDD1-800-735-2989) IF SOLD[3 NET GAIN LESS THAN $5,000 [3 MORElj NET LOSSHELD OR ACQUIRED BY FILER spouse El DEPENDENT CHILDNAME AND ADDRESSDESCRIPTION (Check If Fller?s Home Address)IF SOLDNET GAIN El LESS THAN $5,000 CI CI MORECI NET LOSS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARYRBVISBCI 11/17/2010Texas Ethics Commission12070 Austin, Texas NOTAPPLICABLEBOARDS AND EXECUTIVE POSITIONSPART 12'List all boards of directors of which you, your spouse, or a dependent child are a member and ail executive positions you.your spouse, or a dependent child hold in corporations, firms, partnerships, limited partnerships, limited liability partner-ships, professional corporations, professional associations, joint ventures, other business associations, or proprietorships,stating the name of the organization and the position held. For more information, see FORM GUIDE.When reporting information about a dependent child's activity, indicate the child aboutproviding the number under which the child is listed on the Cover Sheet.whom you are reporting by IORGANIZATEON fl LLC2 posmow HELD ?Pm,/b I 3 POSITION HELD BY El spouse DEPENDENT CHILDORGANIZATION (D I -P LL POSITION HELDPOSITION HELD BY Iil?sp El spouse El DEPENDENT CHILDORGANIZATION 3: 9? gnmm. POSITION HELDPOSITION HELD BY El FILER spouse El oepeuoewr CHILD3? POSITION HELDPOSITION HELD BY El FILER El spouse El DEPENDENT CHILD:5 WT -POSITION HELDPOSITION HELD BY El FILER CI spouse El DEPENDENT CHILDat COPY AND AS NESESSARY Tm I.Revised 11/17/2010 ?Texas Ethics Commission R0. Box 12070 ?Austin,Texas 78711-2070 (512)463-5800 (TDD 1-800-735-2989) INTEREST INBUSINESS IN COMMONWITH LOBBYIST - PART 14 Identify each corporation, ?rm, partnership, limited partnership, limited liability partnership, professional corporation, profes?sional association, joint venture, or other business association, other than a publiciy-heid corporation, in which you, yourspouse, or a dependent child, and a person registered as a lobbyist under chapter 305 of the Government Code that both havean interest. For more information, see FORM GUIDE.1 NAME AND ADDRESSBUSINESS ENTITY2 INTEREST HELD BY [3 FILER sPousE Ij orspeuoam cH:Lo Tar W: NAME ANDADDRESSINTEREST HELD BY El FILER SPOUSE El DEPENDENT CHILD NAMEANDADDRESSINTEREST HELD BY El FILER LI spouse EI DEPENDENT CHILDNAME AND ADDRESS BUSINESS ENTITYINTEREST HELD BY FILER spouse DEPENDENT CHILD.. BUSINESS ENTITY INTEREST HELD BY Ij FILER SPOUSE DEPENDENT CHILD ?at COPY AND ATTACH ADDITIONAL PAGES AS NECESSARYRevised 11/17/2010Texas CommissionB0x.12070-Austin; Texas - 787-1 1 -2070(512)463-5800TOANOTAPPLICABLEFEES RECEIVED FOR SERVICES RENDERED ABBYIST OR EMPLOYER-PART15INSTRUCTION GUIDE.Report any fee you received for providing services to or on behalf of a person required to be registered as a lobbyist underchapter 305 of the Government Code, or for providing services to or on behalf of a person you actually know directly compen?sates or reimburses a person required to be registered as a lobbyist. Report the name of each person or entity for which theservices were provided, and indicate the category of the amount of each fee. For more information, see FORM 1 PERSON OR ENTITYFOR WHOM SERVICESWERE PROVIDED2FEE CATEGORYPERSON OR ENTITYFOR WHOM SERVICESWERE PROVIDEDLESS THAN $5,000In-on-on-?El MOREFEE CATEGORYLESS THAN $5,000 CI MORE 1 PERSON OR ENTITYFOR WHOM SERVICESWERE PROVIDEDFEE CATEGORYPERSON OR ENTITYFOR WHOM SERVICESWERE PROVIDEDEl THAN $5.000 El El MORE a-in-Iv-1-urn:-IrFEE CATEGORYPERSON OR ENTITYFOR WHOM SERVICESWERE PROVIDEDT:Jan:-LESS THAN $5.000 I??n Ion-nuEl El MORE FEE CATEGORYtum PERSON OR ENTITYFOR WHOM SERVICESWERE PROVIDEDLess THAN $5.000 El MORE1. FEE CATEGORYno novaLESS THAN $5,000El I COPY AND ATTACH ADDITIONAL PAGES AS NECESSARYRevised 11/17/2010-?Texas Ethics Commission PO. Box 12070 Austin, Texas (512) 463-5800 (TDD CORRECTED FINANCIAL STATEMENT or=r=IcE use omReceivesGOOD-FAITH AFFIDAVITAttach Any Part of Your Financial Statement Form Needed to Report and Explain Corrections 1 Name (H1-SLMI. Last, Amunt Texas Ethics Cr mmissigpReoeiptii AmountA?cit:lPress (R0. Box or?treetAddress,Apt orsuiteati) 1 Q1Date Prooessetlman-s HOME ADDRESS) 2 3 Date imaged(Ciiv.Sint9.ZiPG?de)Fed? TX '91: The correction(s) ?led with this af?davit apply to my ?nancial statement due in2011 2010 2009 2008 2007 [j 2006 [j Other(Remember: The ?nancial statement you ?le covers the preceding calendar years activity. Thus a report due in 2011 covers information for calendar year 2010.)Explanation of CorrectionRM no commons who is carrier 6?M11. 11651omeewxu; ms vomoa ?we \r5iE?=E?aT. .3r'm:x=NH N\\l rrms,-i ?ma mi? #639rr-rorme . 1&4 5 Vi tuna? 45.0 1-2? V. (1.5. tun . 1 1.. .2. swear, or af?nn, under penalty of perjury, that this corrected $3 report is true and correct.SN '\56 Check ONLY if applicable:- swear, or a?inn, that I am ?ling this corrected report not ihg? I]/gar than the 14th business day after the date I learnedthat the report as originally ?led is inaccurate or incomplete. - A i swear, or affirm, that any error or omission in the report as stag,? originaliy ?le was made in 9 od faith.4' Expires Dsignature of FilerAFFIX NOTARY SEAL ABOVE13%Sworn to and subscribed before me by . this the day ofto certify which, witness my hand and seal of office.ygw. g?/I .N0mi?\/ L?ignature of officer administering oath Print name of officer administering oath Title of of?oer administering oath Revised Rr smugSHTexas Ethicscommissioni Austin,Texas 7871142070 - INTEREST IN BUSINESS IN COMMON WITH LOBBYIST I PART 14[j NOTAPPLICABLEIdentify each corporation, firm, partnership, limited partnership, limited liability partnership, professional corporation, profes-sional association, joint venture, or other business" association, other than a publicly-held corporation, in which you, yourspouse, or a dependent child, and a person registered as a lobbyist under chapter 305 of the Government Code that bothhavean interest. For more information, see FORM PF GUIDE.1 AMEANDADDRESS BUSINESS ENTITY Qagj (A/gr I95 5" 51/1, 1 thin 77? 74?/21aobyl PAM 0T II Idgrralgn /ab/ages ;/. Print This Page i 1? News ArchiveNewsStill:-' rm FOR IMMEDIATE RELEASEFor more information:Anthony SpenglerCommunications DirectorState Senator Wendy Davis(oi; Bruce FlabenAlhvice311451.805?FORT WORTH, Texas {March 2, 2010} - Texas State Senator Wendy Davis has joined theCantey Hanger law firm in Fort worth as "of counsel,? Managing Partner Pollard Rogersannounced.Davis? practice area will focus on public law, with an emphasis on assisting clients inregulatory, public policy and legislative Issues. The focus will be working with localentities. Attorney Brian Newoy, former Chief of srarr for Governor Rick Perry, leadsContey Hanger?5 Public Law practice.?We are proud to welcome Senator Davis," Rogers said. "Her reputation for creativity andpersistence in problem solving mirrors the ?rn1's approach to serving our clients.?Public law is an important practice area for us, and through their public service, SenatorDavis and Brian Newby have first-hand experience in the kinds of public,/privaterelationships that embrace Texas entrepreneurship."Davis brings a diverse background of experience that should fit well with Cantey Hangerand its clients? needs. "Cantev Hanger has long been recognized as one of lilorth Texas? top law firms," she said. am pleased to be joining itand hope that my experience in law, economic development, transportation and public policy will provide added value tothe firm and its clients."Davis was elected to the Texas Senate in from District 10 after having spent more than eight years as a Fort worthCity Councilwoman. District 10 Includes most of Fort Worth, southern Tarrant County, about half of Arlington and portionsof the extending into Southlake.Her Senate committee appointments during the met Legislature Included Transportation Homeland Security;Education; veteran Affairs 3: Military installations: lntematidnal Relations at Trade. In 2009, she was named legislative"Rookie of the Year" by Texas magazine.'?She adds a lot of value to the l'lI'ITi," Newbv said. ?She brings an additional dimension with her strong consensus-buildingskills and expertise onfederal, state and local government policy and regulatory issues."Davis attended Tarrant County College before graduating at the top of her class at Texas Christian University. She earnedher law degree with honors from Harvard Law School, and then served as a federal clerk under District Judge JerryL. Buchmeyer during 1993-94. The next year, she joined the Fort Worth offioe of Haynes lit Boone, where she practiced Inthe Specialized Litigation section.in 1999. she became part owner of Safeco Title Co., which was later acquired by Republic Title. Davis became ChiefExecutive -Officer of Republic Tltle's Fort Worth Division in where she served until ZDDEI.Davis was a Fort Worth City Councilwoman from 1999 until ZDOB. representing a district that Includes Downtown FortWorth, the city's medical Istrict and some oi? the city's oldest historical neighborhoods.in her role as a councilmemher, Davis focused on transportation, economic development and neighborhood issues,earning a reputation for bringing diverse Interests together to find common ground. She became a leader in the area oftransportation. having served as Chair of the Regional Transportation Council. She is also respected for her leadership oneconomic development projects, such as the Montgomery Plaza renovation, the Tower, Pier One and Radio?hacltcampuses. and a variety of rnlxed-use development projects.Davis? civic activities include Advisory Board of Cenliaor, Women?s Policy Forum, League of Women voters and areaChambers of Commerce. She is the mother of two daughters. Amber and Dru, dates on her two dogs. Sophie and Moots,Cantey Hanger LLP - . -- - and is an avid runner and cyclist.This web site is for information purposes only and does not give legal advice or substitute for consulting an attorney. We recommend that youdiscuss your particular situation with your attorney when you need legal advice. For more information, see our Disclaimer.2007 by Cantey Hanger LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and fornon-commercial distribution. All copies must include this copyright statement.20f2 FILEDCERTIFICATE or FORMATION ofTeexaSOF muNEWBY DAVIS, PLLC MAR 2 3 2The undersigned, acting as the sole organizer of the entity to be Organizations Code (the does hereby adopt the following Certi?cate of Formation forNewby Davis, PLLC (the ?Company?):ARTICLE ONEThe name of the Company is Newby Davis, PLLC.ARTICLE TWOThe Company is formed as a professional limited liability company. The professionalsewices to be rendered by the Company are services related to the practice of law.ARTICLE THREEThe period of duration of the Company is perpetual, unless the Company winds up andterminates in accordance with the provisions of its company agreement.ARTICLE FOURThe purpose for which the Company is organized is the practice of law. No person shall beadmitted as a member of the Company or be allowed to remain a member of the Company unlesssuch person is licensed to practice law in the State of Texas.ARTICLE FIVEThe address of the Company?s initial registered office in the state of Texas is 600 W. Street, Suite 300, Fort Worth, Texas 76102, and the name of the Company?s initial registeredagent at that address is B;i_an C. Newby.ARTICLE SIXThe Company will have one or more managers. The names and addresses of the initial managersare as follows:Brian c. Newby 600 w. Street, Suite 300Fort Worth, Texas 76102Wendy Davis 600 W. ?Street, Suite 300Fort Worth, Texas 7610?.ARTICLE SEVENThe name and address of the organizer is Charles Florsheim, 600 W. Street, Suite300, Fort Worth, Texas 76102.Effectiveness of FilingThis document becomes effective when the document is filed by the Secretary of State ofTexas.The undersigned signs this document subject to the penalties imposed by law for thesubmission of a materially false or fraudulent instrument.IN WITNESS WHEREOF, this Certi?cate of Formation has been executed onMarch 2010 by the undersigned.SOLE ORGANIZERCharles FlorsheimNewhy Davis, Attorneys -- Brion Newby Wendy Davis -2 NE . .-ti 5 asHome Partners 8 Stall Areas at Practice Firm Values Contact0 Brian C. NewbyBrian Newby is the former Chief of Staff to Texas Governor Rick Perry. In 2008, he co-chaired the Stateof Texas? hurricane recovery efforts following Hurricane Ike. Prior to being named Chief of Staff, heserved as the Governor's General Counsel, the primary legal advisor to the Governor and the divisionswithin the Office of the Governor.Before joining the t'5overnor?s office, Mr. itlewby was a Cantey Hanger partner in the Fort worth andAustin of?ces, and was formerly with Roan 3t Autry, RC. of Austin, Texas. He also served as outsideGeneral Counsel to the Houston General Insurance Company. He rejoined the firm in January 2on9, Hehas extensive experience in legislation, governmental affairs, construction litigation and commercialcontract disputes, personal injury, insurance litigation, workers? compensation, product liability, banking,employment, education, and class actions. He also holds an Of Counsel position at Cantey Hanger, LLPof Fort Worth. He has spent 25 years in the active and reserve components of the United states AirForce. He currently holds the rank of Brigadier General.Brian Newby is the Managing Partner of Newby Davis PLLC, a general practice civil law firm In FortWorth, Texas. Fiend)? R. DavisWendy Davis is a Harvard Law School graduate, State Senator, and former Fort Worth CityCouncilwoman. After graduating top of her class at Texas Christian University and then earning her lawdegree from Harvard, Davis served in a federal clerkship under US. District Judge Jerry L. Buchmeyerfrom 1993 to 1994. Davis then joined the Fort Worth office of Haynes at Boone in 1994, where shepracticed in the Specialized Litigation section. In 1999, she became part owner of Safeco Title Co., whichwas later acquired by Republic Title. Davis became Chief Executive Officer of Republic Titie's Fort liilorthDivision in 2004, where she served until 2099.In addition to Newtiy Davis. PLLC, Davis holds an Of Counsel position at Cantey Hanger LLP. Her currentposition at Newby Davis includes practices in federal and local governmental affairs, litigation, economicdevelopment, contract compliance and real estate matters.Davis was elected in ZCIDE to serve as State Senator District 10, earning numerous honors for her firstsession in the Elsi: Legislature including "Rookie of the "rear" by the Texas Magazine. District 1-3includes most of Fort Worth, southern Tarrant County, about half of Arlington and portion of extending in Colleyviile. Davis? Senate appointments in the 81st Legislature include: Transportation litHomeland Security: Education; Veteran Affairs a Military Installations; international Relations a Trade.Davis was a Fort Worth City Councilwoman from 1999 until 2003 in a district that includes DowntownFort Worth, the city's medical district and some of the city's oldest historical neighborhoods. In her roleas councilmember, Davis focused on transportation, economic development and neighborhood issues,earning a reputation of bringing parties together to find common ground. She became a leader in thearea of transportation, having served as Chair of the Regional Transportation Council. she is alsorespected for her leadership on economic development projects, such as the Montgomery Plazarenovation, the Tower, Pier One and Radio Shack campuses and a variety of mixed-use developmentprojects. Davis resigned her City Council seat in 2008 to run for the District 1D seat in the Texas Senate.Davis? civic activities include the Advisory Board of Cenikor, Women?s Policy Forum, League of Womenvoters, and area Chambers of Commerce. Davis. an avid runner and cyclist. is the proud mother of twodaughters, Amber and Dru.G. I lof2 PM- Davis, Aiiomeys -- Brian Newby -- Wendy Davis - Marcy Wctdin, Executive Director ?iiMarcy Weidin is a non-attorney lobbyist and the executive director of Newbv Davis. Ms. Weldin bringsmore than 10 veers of Texas legislative and governmental relations experience to Newbv Davis clients.extensive experience and background working across partv lines provides clients with strategiclegislative and government affairs counsel in a number of areas. During previous legislative sessionsMarcy has represented clients before the Texas Legislative and Executive branch.During the interim. Marcy continues to represent clients on a variety of government relations interestsbefore state agencies and commissions and with members of the legislature. She effectivelycommunicates with agencies during the agency ruiemaking and Implementation phase of legislative andstatutory directives.Prior to joining Newbv Davis, Ms. weidin worked in the office of Governor Rick Perry as a deputylegislative director. In this position, she examined legislative points of interest for multiple major stateagencies, reviewed legislation in accordance with well-developed of?ce strategies and goals, as well asdeveloped and maintained strong stakeholder relationships with Senate and House staffs, state agencygovernmentai relations teams, and diverse industrv officials.Marcv began her legislative and public affairs work in 2000 in public and government affairs office inAustin.This website is for information purposes only. and does not give legal advice orsubstitute for consulting an attorney. We recommend discussing your particularsituation with your attorney when you need legal advice. For more information,please view our Newhv Davis is a minority-owned businesscarii-lied by the North I:-antra1Tas-tas Regionalcerti?cation Agency. 2of2 9i'26l'125'.i7 PMLobbyist Search Results 1Registered Lobbyist Search ResultsSearch Year: 2010Client Information IncludedNewby, Brian C.000 West em Street START DATE: 02/09/2010Suite 300 END DATE: 12/31/2010Fort Worth, TX 76102-3685 TEC 00040269(817) 877-2800Cantey Hanger LLP600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: Prospective$0Client Start Date: 02/09/2010Ciient Term Date: 12/31/2010Tarrant Regional Water DistrictP.O. Box 4508 Fort Worth, TX 76164Type of Compensation: Prospective$10,000 1 $24,999.99Client Start Date: 02/09/2010Client Term Date: 12/31/2010 9/27/12 8:58 AMLobbyist Search Resultslof]Registered Lobbyist Search ResultsSearch Year: 2011Client Information IncludedNewby, Brian C.600 West 6th Street START DATE: 01/01/2011Suite 300 END DATE: 12/31/2011Fort Worth, TX 76102 TEC ID: 00040269(817) 877-2800Cantey Hanger L.L.P600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: Prospective$0Client Start Date: 01/01/2011Client Term Date: 12/31/2011Newby Davis P.L.L.C.600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: Prospective$0Client Start Date: 01/01/2011Client Term Date: 12/31/2011Tarrant Regional Water DistrictP.O. Box 4508 Fort Worth, TX 76164Type of Compensation: Prospective$10,000 - $24,999.99Ciient Start Date: 01/01/2011Client Term Date: 12/31/2011=31 - 9/27/12 8:56 AMLobbyist Search Resultslofl Registered Lobbyist Search ResultsSearch Year: 2012Client Information IncludedNewby, Brian C.600 West 6th Street START DATE: 01/03/2012Suite 300 END DATE: 12/31/2012Fort Worth, TX 76102 TEC ID: 00040269(817) 877-2825Cantey Hanger LLP600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: Prospective$50,000 - $99,999.99Client Start "Date: 01/03/2012Client Term Date: 12/31/2012Newby Davis PLLC600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: Prospective$10,000 - $24,999.99Client Start Date: 01/03/2012Ciient Term Date: 12/31/2012mic 8/13/12 5:08 PMLobbyist Search ResultsloflRegistered Lobbyist Search ResultsSearch Year: 2011Client Information IncludedFoster, Marcy Weldin600 West em Street START DATE: 03/14/2011Suite 300 END DATE: 12/31/2011Fort Worth, TX 70102 TEC ID: 00057315(317) 3772300Cantey Hanger LLP600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: Prospective$0Client Start Date: 03/14/2011Client Term Date: 12/31/2011Newby Davis PLLC600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: Prospective$0Client Start Date: 03/14/2011Ctient Term Date: 12/31/2011 9/27/12 8:59 AMLobbyist Search ResultsloflRegistered Lobbyist Search ResultsSearch Year: 2012Client Information IncludedFoster, Marcy Wetdin600 West 6th Street START DATE: 01/04/2012Suite 300 END DATE: 12/31/2012Fort Worth, TX 76102 TEC ID: 00067315(817) 877-2800Cantey Hanger LLP600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: ProspectiveLess than $10,000Client ?Start Date: 01/04/2012Cl?ent Term Date: 12/31/2012Newby Davis PLLC600 West 6th Street Suite 300 Fort Worth, TX 76102Type of Compensation: ProspectiveLess than $10,000Ciient Start Date: 01/04/2012Ciient Term Date: 12/31/2012 8/13/12 5:09 PMEXHIBIT DAVIS PLLC. A LIABILITY INS 1' olikfem PAGE I 105.1GROSVENOR BROKERS canForm: ooaw6??uae39Q, U59 250.000est 6t|'1 a1 im-m. Local Standard P_?f0 mi sagThe Texas Tribunelof4 THE TEXATRIUNDavis? Legal Work At Issue in Senate Raceby Aman Batheja September 28, 2012 13 Comments Two years ago, state Sen. Wendy Davis, D-FortWorth, launched a new law firm with Brian Newby,Republican Gov. Rick Perry?s former chief ofstaff. Now, with Davis in a hotly contested bid forre?election, her legal practice and, in particular,her closely held list of government and quasi?publicclients is drawing heat from her Republicanopponent, state Rep. Mark Shelton of Fort Worth.Davis held a hastily called press conferenceon Friday morning to denounce the content ofattack ads she said were being produced byShelton?-s campaign. The scripts for three ads none of which had been broadcast were leaked toDavis? campaign via ?a third party,? she said.photo by: Bob DaemmrichState ?Sen. Wendy Davis, D?Fort Worth, leaving the Senate chamberwith coiteagues Sen. Caries Uresti, D-San Antonio, and Sen. JohnWhitmire, D?Houston, after a press conference on May 30, 2011.?The claims made and the themes depicted are false,? Davis said. ?Rather than talking about issuesthat matter to families living in Tarrant County, Mark Shelton is using actors and actresses to saythings that aren?t true.?Shelton's campaign did not dispute the authenticity of the ad scripts. One of the ads cites Davis? legalwork, painting her as a corrupt lawmaker using her Senate post to gain lucrative contracts."It is not right for Davis to vote to raise taxes and then steer herself lucrative public contracts,"Shelton said in a statement on Friday. "This abusive self-enrichment is nothing short of Davis being agreedy public office who is robbing taxpayers? pockets to line her own pockets." The Texas Constitution prohibits lawmakers from voting on bills they have a ?personal or privateinterest? in. State law also bars them from voting on measures that will directly benefit a specificbusiness transaction if they have a controlling interest.Since its inception, the Newby Davis law ?rm has drawn scrutiny over whether its work createscon?ict of interest issues for Davis, who has said the practice offers legal services for cities and otherpublic entities as well as companies trying to do business with those entities. The firm works out of10/17/12 10:03 AMThe Texas TribuneZof-4of?ces owned by Cantey Hanger, one of Fort Worth's largest and oldest law ?rms. Newbyand Davis also do legal work for Cantey Hanger individually. But their Newby Davis firmis certi?ed as a minority?owned business, allowing it to help public entities and private firms ful?lllegal requirements or best-practice recommendations that they hire such contractors.The line between Davis? public and private work raised eyebrows right from the start of her newlegal career. In 2010, when Cantey Hanger announced in a press release that it was hiring Davis, itlisted Davis? taxpayer-funded communications director Anthony Spengler and her district officephone number as the press contact.While Davis has long insisted that her work as a lawyer does not conflict with her work as a statesenator she has said she retains a legal ethics adviser to help ensure that she is keeping clear of anypotential conflicts she has declined requests to identify her public sector clients, citing attorney-client privilege.?It?s an attorney-client privilege issue and unless and until my clients say to me, ?You are free todisclose that,? I really don't think that I can,? Davis told a Fort Worth Stor? Telegram reporter earlierthis year.Public records show Davis? public sector clients run the gamut in North Texas, from Dallas-FortWorth International Airport to the Fort Worth Independent School District.One such client, the North Texas Tollway Authority, disclosed last year that the FBI was investigatingpossible con?icts of interest involving tollway authority officials, though there?s been no indicationthat the investigation relates to Davis.Last year, the Star-Telegram reported several potential conflict-of-interest issues related to NITAboard members, including one involving Board Chairman Kenneth Barr, a former Fort Worth mayor.DTHE TEXAS TRIBUNE FHEE NEWS. APPS. ALERTS ANDPUBLIC EVENTS ARE ACTUALLY PRETTY EXPENSIVE. i At an NTTA board meeting in 2011, Barr made a motion that Newby Davis be hired to handlecondemnation issues related to the Chisholm Trail Parkway. At the time, Barr failed to disclose thathe had a business relationship with Cantey Hanger, the firm where Newby and Davis also work, andwhich partners with the Newby Davis law firm on legal business. Barr keeps an office in CanteyHanger?s building in downtown Fort Worth. Also in aoog, Barr, Newby and Cantey Hanger attorneyDavid Chappell brie?y formed a partnership named Barr Newby Chappell Consulting, according tostate records.The tollway board voted unanimously to hire Newby Davis. Barr has said his failure to inform fellowboard members of the past relationship or to consider abstaining from the vote was an oversight,but spokesman Michael Rey said the agency has no reason to believe Davis has not compliedwith her ethical requirements as a lawyer and as a legislator.lU!I7!l2 10:03 AMThe Texas Tribune30f4ate/texasvseriate/dav ?The has no issue with the quality of the legal work Sen. Davis has performed on its behalf thusfar," Rey said. "These legal matters have been limited to routine property acquisition work for theChisholm Trail project.?Victor Vandergriff, an NTTA board member, said he didn?t believe there was anything unethical in the way the board hired Newby Davis, but that the situation was handled too quickly and in a waythat aroused suspicion.?The optics of that could have looked better,? Vandergriff said.Though Davis? legal contract with was approved during the last legislative session, Davis?campaign said the senator did not start her work until after the session ended. As proof of herindependence, she pointed to a bill she ?led in the last session that would have lowered the fees thewas allowed to collect from toll scof?aws.Shelton?s campaign, meanwhile, has accused Davis of switching her vote on a toll road bill afterreceiving a lucrative legal services contract with the Davis voted against a bill in 2009regarding how entities like the NTTA can bid on toll projects. She voted for a similar bill in 2011.Davis campaign spokesman Zac Evans said Davis? vote changed because the bills did.?The 2009 bill gave NTTA exclusive rights to any toll project in the even if they were incapableof completing it in a timely manner,? Evans said. ?The 2011 bill had provisions that would depriveof that exclusive right to develop a project.?In addition to its work for the NTTA, Newby Davis has served as minority bond counsel for both DFWAirport and the Tarrant County Water District. A bond counsel?s work includes advising a city orother public entity issuing a municipal bond and insuring that the bond meets all legal requirements.Newby Davis has worked on more than $1 billion in bonds issued by the airport and at least $150million in bonds for the Water District.Along with her work with Newby Davis, the senator has also provided legal services to some publicentities via her role as ?of counsel? with Cantey Hanger. She has performed legal work for Fort WorthISD on employment law matters, according to the district. She has also provided legal services for theBenbrook Water Authority for more than a year, according to David Wasson, the water authority?sgeneral manager.During the last legislative session, Davis was the senate sponsor of a bill that gave the BenbrookWater Authority the power to pay for private property damage that stemmed from a backup of theauthority?s sewer system even when it wasn?t held liable for the damages (Shelton was the bill?sHouse sponsor). No other public entity was directly impacted by the bill, which Perry signed into lawin June.Wasson said there was no connection between Davis? sponsorship of the bill and her work for thewater authority. He said he reached out to Austin ?rm Lloyd Gosselink to work on the bill, and thatthe firm asked Shelton and Davis to sign on.10/17/1210203 AMThe.Texas Tribune . I - Davis has forcefully disputed any suggestion that her votes were compromised.?The legislation I have championed, including the bills I authored or co-authored regarding NTTAand the Benbrook Water Authority, is centered entirely around my commitment to protect Texansfrom ?scally harmful decisions and to hold governmental agencies appropriately accountable to thepeople they serve,? Davis told a Star~TeIegram reporter in March.In addition to Shelton's accusations of legal con?icts, one of the ad scripts Davis released has Sheltonaccusing her of breaking state ethics laws due to the work of her ?business partner? Newby as a?special interest lobbyist.? The ad also says Davis owns a lobbying ?rm.In both 2011 and 2012, Newby registered as a lobbyist with the Texas Ethics Commission and cited?Newby Davis? as one of his clients. Evans said Newby registered with the commission ?out of anover?abundance of caution.??Mr. Newby has never received compensation for lobbying on behalf of Newby Davis, nor has hetestified before or lobbied anyone in the Legislature,? Evans said.Texas Tribune donors or members may be quoted or mentioned in ourstories, or may be the subject of them. For a complete list of contributors,click here.4of4 10/17/12 10:03 AMDALLASIFORT WORTH INTERNATIONAL AIRPORTRobert W. llsuch. ChairLillie M. E1iggirI.s,Vicc ChairSam Coats, SecretaryMayor Michael S. Rawlings. City of DallasMayor Betsy Price. City of Fort WorthFrancisco HemandezJeffrey K. WentwurtitBenjamin MtirnBrenda ReyesForrest SmithBcmiec 1. WashingtonGlenn ?'Non- -voting memberJeffrey PL FeganChristoplter PoirtsaltcJim CritesLinda Valdez ThompsonKenneth BuchananPhil llilterAndy BellJeff Benvegnt:Dan BergmanAlan BlackZencia CampbellArtnin CruzThomas DallamRobert R. Darbyit-lornta EsaaryWilliam L. Flowers. Jr.Rusty HodappTameln J. LeePaul MartinezSharon MccloskcyLuis Peter.Michael PhcitiistcrMary Jo PolidoreElaine Porfecto SolisGreg SpoonJohn TerrellByford TreanorMax UnderwoodP.O. Drawer 619423DFW Airport, Texas 75261-9428(972) 973-8383AIRPORT BOARDAPPOINTED HY:DallasFort WorthDallasDallasFort WorthFort WorthFort WorthFort WorthDallasDallasDallasEulesaAIRPORT STAFFChiefExeeutive Df?cerExecutive Vice P'resiticnt?Clticf Financial OffticrExecutive Vice P'reaiclent?UperationsExecutive Vice P1'c5idcnt?Admil1istration and DiversityExecutive Vice Prosident?Rct-enue ManagementExecutive. Vice President?Gm-cnunent 8: Stakeholder AffairsVice Presiricnt- PlanningVice F'rcsident?i5tviation Real EstateVice AffairsDircctor?Pub!ic SafetyVice Vice Presidcnt?Parking Business UnitVice ResourcesDirector offtudit ServicesVice ManagementVice Technology ServicesVice Transportation ManagementVice President--Business Diversity and DevelopmentVice Prcsident?OperntinnsVice President-?MarketiI1g ServicesVice Prc5idcnt?Air Service Vicc Presidont?Troasury ManagementVice Presii:lent?Public AffairsGeneral CounselVice EnginccringVice Materials ManagementVice Vice er ServiceVice C0-FINANCIAL ADVISCIRSFirst Southwest CompanyCOUNSELEraccwcil Giuliani LLPMcCall. Parkhtirst at E-lorton L.L.P.Davin PLLCFor In formation Contact:Micltnel PhomisterVice PresideI1t?Trea5ury ManagementEstrada l-linojosa Company. inc.OFFICIAL STNFEMI-INTNEW ISSUE Bool