TITLE texas-ethics-commision

Ethics Advisory Opinions

EAO-442. The Texas Ethics Commission has been asked whether the text of certain political advertising complies with section 255.006 of the Election Code. (AOR-494)

SUMMARY Section 255.006(c) of the Election Code requires the use of the word "for" in certain campaign materials to clarify that the candidate does not hold the office sought. The political advertising at issue in this opinion does not comply with section 255.006(c).

EAO-443. The Texas Ethics Commission has been asked whether a school district may allow candidates for election to the school district's board of trustees to have campaign flyers placed in an area of a school that is not accessible to the public. (AOR-495)

For purposes of section 255.003, the "spending" of public funds includes the use of facilities maintained by a political subdivision.

The prohibition in section 255.003 of the Election Code applies to any use of a political subdivision's resources for political advertising.

This opinion does not apply to the use of the facilities of a political subdivision in a situation in which the facilities function as a public forum.

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.

Executive Director

Texas Ethics Commission

Filed: May 23, 2002