TITLE texas-ethics-commision

Advisory Opinion Requests

AOR-471. The Texas Ethics Commission has been asked to consider whether a legislator is subject to any reporting requirements or restrictions in connection with gifts and invitations to the legislator's child.

The Texas Ethics Commission is authorized by §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-200003199

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: May 8, 2000


Opinions

EAO-427. Whether the gift restrictions in the Penal Code or the expenditure restrictions in the lobby law prohibit a person from making a gift to charity in the name of a legislator or other public servant. (AOR-470)

SUMMARY. A charitable contribution made in honor of a public servant is not a "benefit" to the public servant if the public servant does not exercise discretion over the decision to make the contribution to a particular organization.

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-200003200

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: May 8, 2000