Ethics Advisory Opinion

EAO-463. The Texas Ethics Commission has been asked about the application of the contingent fee prohibition in §305.022 of the Government Code. (AOR-521)

SUMMARY

In the specific circumstances described in the request letter, there would not be a contingent fee for purposes of §305.022 of the Government Code.

This conclusion is specifically limited to the stipulated facts set out herein. Each case involving these issues must be determined on its own facts.

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-200502961

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Filed: July 20, 2005