TITLE texas-ethics-commision

Opinions

AOR-431. The Texas Ethics Commission has been asked whether a district judge who is running for reelection in 1998 may raise funds in 1998 to pay debts incurred in 1992 in connection with a legislative race.

AOR-432. The Texas Ethics Commission has been asked to consider several questions about contributions to and expenditures by a club that invites candidates to speak at meetings and that sometimes endorses or contributes to candidates. The specific questions have to do with the application of Election Code §253.031(b) and §251.008.

AOR-433. Whether it is a violation of §39.02 of the Penal Code for a state employee to use state-owned telephones to make personal long-distance telephone calls if no charge is incurred by the state.

AOR-434. The Texas Ethics Commission has been asked to consider whether a county or district clerk may accept an in-kind contribution from a corporation to support the clerk's campaign for election to an office of a private association of county and district clerks. In addition, the Ethics Commission has been asked to consider whether a clerk may accept gifts from corporations in the form of recreational trips or in the form of door prizes.

TRD-9801279

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: January 28,1998


EAO-388(AOR-427). Whether members of the Statewide Health Coordinating Council are required to file personal financial disclosure statements under Chapter 572, Government Code.

SUMMARY. Members of the Statewide Health Coordinating Council are required to file personal financial disclosure statements.

EAO-389(AOR-428). Whether the limit on a judicial candidate's use of political contributions to reimburse himself or herself for political expenditures from personal funds applies to the candidate's use of political contributions to repay a bank loan for which the candidate is personally liable.

SUMMARY. A candidate's use of political contributions to repay a bank loan does not count toward the limit on reimbursement set out in Election Code section 253.162.

EAO-390(AOR-429). Whether balloons must contain the disclosure statement required by Election Code section 255.001, and whether a candidate must report the use of campaign materials left over from a previous campaign.

SUMMARY. Campaign balloons are not required to contain the disclosure statement described in Election Code section 255.001. A candidate is not required to report his use in a current campaign of materials paid for and reported in connection with a previous campaign.

EAO-391(AOR-430). Whether a candidate may correct a report filed before the issuance of Ethics Advisory Opinion No. 375 to indicate that the candidate intends to reimburse himself with interest for the use of personal funds for campaign purposes, and also whether a candidate may accept a campaign contribution from a city.

SUMMARY. A candidate or officeholder may correct a report filed before September 12, 1997, to indicate an intent to reimburse himself or herself with interest for political expenditures from personal funds, as long as the political expenditures from personal funds and the intention to seek reimbursement for the expenditures were themselves timely reported. Although the Election Code does not prohibit the acceptance of a political contribution from a city, the Texas Constitution may prohibit the city from making such a contribution.

EAO-392(SP-8) Personal financial disclosure statement reporting requirements in regard to retirement income and property descriptions.

SUMMARY. Income received as a pension or from a retirement plan associated with past occupational activity is not required to be reported as a "source of occupational income" on a personal financial disclosure statement. Information about retirement funds or income may, however, be reportable under some other category on the personal financial disclosure statement.

In describing real property on a personal financial disclosure statement, providing a street address and the city, county, and state where the real property is located is an adequate alternative to providing the name of the county where the real property is located and the number of lots or acres.

TRD-9801280

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: January 28,1998