TITLE texas-ethics-commision

Advisory Opinion Requests

AOR-459. The Texas Ethics Commission has been asked whether a legislative employee may accept a grant to conduct research in conjunction with the legislative employee's enrollment, on personal time, in a graduate studies program.

AOR-460. The Texas Ethics Commission has been asked whether a former elected county officeholder may use surplus political contributions to make a donation to a county appraisal district.

AOR-461. The Texas Ethics Commission has been asked to consider several questions about the application of the campaign finance laws to a district judge who is running for justice of a court of appeals. One question is whether the judge may use funds raised in connection with a 1998 campaign for district judge in his current campaign for justice of a court of appeals. The other question is whether the district judge must file reports of contributions and expenditures with both the county filing authority and the Texas Ethics Commission.

The Texas Ethics Commission is authorized by section 571.091 of the Government Code to issue advisory opinions in regard to the following statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Government Code; (3) Chapter 303, Government Code; (4) Chapter 305, Government Code; (5) Chapter 2004, Government Code; (6) Title 15, Election Code; (7) Chapter 36, Penal Code; and (8) Chapter 39, Penal Code.

Questions on particular submissions should be addressed to the Texas Ethics Commission, P.O. Box 12070, Capitol Station, Austin, Texas, 78711-2070, (512) 463-5800.

TRD-9904601

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: July 30, 1999


Opinion

EAO-416. The Texas Ethics Commission has been asked whether a legislative employee may accept a grant to conduct research in conjunction with the legislative employee's enrollment, on personal time, in a graduate studies program. (AOR-459)

SUMMARY. The laws under the jurisdiction of the Ethics Commission do not contain a general prohibition on outside work by legislative employees. There are, however, provisions under the jurisdiction of the Ethics Commission that are relevant to questions about outside work by state employees. Government Code §572.051 (standards of conduct); Penal Code §§36.07 (honorarium prohibition), 36.08 (gift prohibitions), 36.10 (exceptions to gift prohibitions). In addition, constitutional provisions or legislative rules may be relevant to whether outside employment by a legislative employee is permissible.

Questions on particular submissions should be addressed to the Texas Ethics Commission, P.O. Box 12070, Capitol Station, Austin, Texas, 78711-2070, (512) 463-5800.

TRD-9904780

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: August 4, 1999