TITLE texas-ethics-commision

EAO-425. Whether a law firm may make a severance payment, a payment of moving or relocation expenses, or a payment of other benefits to a lawyer who is currently employed by the firm and who has accepted an offer of future employment with a state agency. (AOR-468)

SUMMARY. The term "public servant" includes an individual who has been selected as a state employee, even if the individual has not yet assumed his or her duties.

In some circumstances the bribery law in §36.02 of the Penal Code, the gift restrictions in §36.08 of the Penal Code, and the honorarium law in §36.07 of the Penal Code, would prohibit a law firm from making a severance payment, a payment of moving or relocation expenses, or a payment of other benefits to a lawyer currently employed by the firm who has accepted an offer of future employment with a state agency.

EAO-426 Regarding the application of the revolving door provision in Government Code section §572.054 to a former employee of a state agency who has the opportunity to contract with a publishing company to write a book that deals with subject matter relevant to the work of the state agency. (AOR-469)

SUMMARY. All tasks that are part of a regulatory agency's involvement in negotiating or executing a book endorsement contract are part of the "matter" of the book endorsement. If a former state employee had offered advice or analysis in connection with the matter of the endorsement, he or she could not receive compensation for writing any part of the material that would be the subject of the contemplated endorsement.

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.

Executive Director

Texas Ethics Commission

Filed: February 18, 2000