TITLE texas-ethics-commision

Advisory Opinion Requests

AOR-472. The Texas Ethics Commission has been asked to consider whether a judicial candidate's repayment of a campaign loan counts toward the candidate's expenditure limit under the Judicial Campaign Fairness Act.

AOR-473. The Texas Ethics Commission has been asked to consider the following question: Is it permissible, under the laws subject to interpretation by the Texas Ethics Commission, for a member of the Texas Legislature to serve as a commissioned sales representative for a pharmaceutical company?

AOR-474. A member of the legislature has asked whether he may use political contributions to pay certain expenses in connection with a vehicle used for personal purposes and for campaign and officeholder purposes. The legislator's specific proposal is to use political contributions to pay a portion of the principal and interest payments, maintenance costs and insurance premiums. The amount paid from political contributions would be based on a comparison of total mileage to the mileage attributable to campaign and officeholder purposes.

AOR-475. A member of the legislature has asked if it is permissible, under the laws subject to interpretation by the Texas Ethics Commission, for a member of the Texas Legislature who is also a member of the Senate Economic Development Committee:

1) to use officeholder funds to accompany a trade mission organized and led by the Texas Department of Economic Development's Office of International Business for the purpose of establishing business interests between foreign interests and Texas businessmen. The role of the member would be to observe the agency's activities and facilitate its efforts by dialoging with comparable government officials and dignitaries;

2) to accept payment of the member's travel and lodging expenses from one or several of the companies who will be participating in the trade mission to fulfill the role stated in item 1); or

3) to accept compensation and travel expenses, as a private citizen, for actively participating in the trade mission as a company representative charged with establishing specific business relationships, rather than simply dialoguing with comparable government officials and dignitaries as a representative of the state as a whole.

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-200005005

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: July 20, 2000


Opinions

EAO-428. Whether a legislator is subject to any reporting requirements or restrictions in connection with gifts and invitations to the legislator's child. (AOR-471)

SUMMARY. The expenditure reporting requirements in the lobby law apply only to expenditures made to communicate with an officer or employee of the legislative or executive branch of state government to influence legislative or administrative action.

The expenditure restrictions in the lobby law apply regardless of whether an expenditure is made to communicate with an officer or employee of the legislative or executive branch of state government to influence legislative or administrative action.

EAO-429. Whether a judicial candidate's repayment of a campaign loan counts toward the candidate's expenditure limit under the Judicial Campaign Fairness Act. (AOR-472)

SUMMARY. A disbursement made to repay all or part of the principal of a campaign loan does not count as an expenditure for purposes of the expenditure limits in the Judicial Campaign Fairness Act.

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-200005004

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: July 20, 2000