Ethics Advisory Opinions
EAO-454.
The Texas Ethics Commission has
been asked to consider whether a lawyer who is a member of the legislature
may list his legislative position in legal directories, in legal letterhead,
on business cards, and in other contexts. (AOR-509)
SUMMARY
There is nothing in the laws under the jurisdiction of the Ethics Commission
that specifically addresses the issues of whether and when a legislator may
mention his legislative service. Although it is conceivable that a legislator
might refer to his legislative service in a context that raised questions
about section 36.02, 36.07, or 36.08(f) of the Penal Code, a reference to
legislative service, without more, would not constitute a violation of one
of those provisions.
EAO-455.
The Texas Ethics Commission has
been asked whether the contingent fee prohibition in section 305.022 of the
Government Code applies in a situation in which a lawyer seeks a legislative
change that may increase the lawyer's chances of success in tax refund cases.
(AOR-511)
SUMMARY
The compensation described in this opinion is not contingent on the passage
of legislation.
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-200403387
Sarah Woelk
General Counsel
Texas Ethics Commission
Filed: May 19, 2004