TITLE texas-ethics-commision

EAO-410. Whether a member of the Texas Real Estate Commission may teach courses for prospective and current commission licensees. (AOR-453)

Summary. A member of the Texas Real Estate Commission ("TREC") should not teach courses that satisfy TREC requirements for prospective or current licensees.

EAO-411. Whether a political committee may issue checks to members of the legislature to replace checks that were given to members before the beginning of the moratorium provided for in Election Code section 253.034(a). The checks had been written on a closed account. (AOR-454)

Summary. A member of the legislature may not take receipt of a check during the moratorium period set out in Election Code section 253.034(a) in a situation in which the check is intended to replace an invalid check that was delivered before the moratorium began.

EAO-412. . Regarding the application of Government Code section 572.058 to a situation in which a member of the Texas Higher Education Coordinating Board would serve as a nonvoting member of the advisory board of a local nonprofit hospital. The nonprofit hospital has agreed to donate land to a state university and intends to enter into an agreement with the university pursuant to which the hospital would serve as a medical education facility. The Coordinating Board "will be asked to approve the donation of land from the nonprofit hospital . . . and may be called upon to consider and approve program offerings and/or physical facilities for the medical education facility." (AOR-455)

Summary. A member of the Texas Higher Education Coordinating Board who is also a nonvoting member of the advisory board of a nonprofit entity should disclose his position with the nonprofit entity and recuse himself from any Coordinating Board decision regarding acceptance of a donation of land from the nonprofit entity or regarding approval of an agreement between the nonprofit entity and a state university.

EAO-413. Whether a retired judge may use unexpended political contributions to make a contribution of more than $100 in a calendar year to a judicial candidate. (AOR-456)

Summary. A retired judge who still has a campaign treasurer appointment on file is subject to the restriction in Election Code section 253.1611 and may not contribute more than $100 a year to any other candidate or to any officeholder. A retired judge who has terminated his or her campaign treasurer appointment is no longer a candidate and is not subject to the restriction in section 253.1611.

Executive Director

Texas Ethics Commission

Filed: April 16, 1999