Texas Ethics Commission

The Texas Ethics Commission is authorized by Texas Civil Statutes, Article 6252-
9d.1, sec.1.29, to issue advisory opinions in regard
to the following statutes: Texas Civil Statutes, Article
6252-9b; the Government Code, Chapter 302; the Government
Code; Chapter 305; the Election Code, Title 15; the Penal Code; Chapter 36; and 
the Penal Code, Chapter 39.

Questions on particular submissions should be addressed to
the Office of the Texas Ethics Commission, P.O. Box 12070, Austin,
Texas 78711-2070, (512) 463-5800.



Opinion Requests


AOR-8. An individual
has asked the Texas Ethics
Commission whether an officeholder
may use campaign or officeholder
funds to purchase a car
to be used for campaign
and officeholder purposes. The
requestor has also asked
whether such funds may
be used to purchase the
car if the car will
be used occasionally for
personal use. If such
a purchase is appropriate,
the requestor would like
to know the "appropriate
methodology to allocate that
part of the purchase
price and maintenance" that
is attributable to personal
use.


AOR-9. The Texas
Ethics Commission has been
asked to consider whether
a general-purpose committee may
substitute its own form
for a page of the
form adopted by the commission
for the General-Purpose Committee
Sworn Report of Contributions
and Expenditures.


AOR-10. The Texas
Ethics Commission has been
asked to consider a number
of questions about the
scope and application of
Texas Civil Statutes, Article
6252-9d.1, sec.1.21, which makes
certain information about Ethics
Commission proceedings confidential.
The questions are as
follows.

1. Is it legal under the statute for a person intending
to file a complaint against a public official to discuss with
the public (including the media), before the complaint is filed
the substance of the proposed complaint that the person intends
to file with the commission?

2. After a complaint is filed, is it permissible for
the person filing the complaint to discuss the factual basis
for the complaint-for example, why they are upset with the person
they've filed the complaint against, what they think that persons
did that was unethical or improper, etc. -so long as they do
not say exactly what was in the complaint they filed?

3. Are the names and addresses of persons filing complaints
ever subject to public disclosure? If so when?

4. Is it permissible for someone who has filed a complaint
with the commission to reveal that fact voluntarily to the press?

5. Is it permissible for someone who is the subject of
a complaint to talk publicly about it?

6. What sanctions or penalties can be imposed on a person
for violating the confidentiality provisions of the statute?


AOR-11. The Texas
Ethics Commission has been
asked to consider whether
a non-profit water supply
corporation organized under Texas
Civil Statutes, Article 1434a,
is a political subdivision
for purposes of the Government
Code, Chapter 305 and
Ethics Commission rules adopted
under that chapter.


AOR-12. The Texas
Ethics Commission has been
asked several questions about
the application of Texas
Civil Statutes, Article 6252-9b
sec.7A(a) . The first
question is whether an
officer or employee of
a regulatory agency may
contact a former board
member of the agency
for advice or information
regarding either a matter
unrelated to the agency's
regulatory authority in regard
to the former board member
or a matter related to
the agency's regulatory authority
in regard to the former
board member.

The second question is whether a former board member may contact
agency officers or employees to provide advice or information
in either of the circumstances described in the first question.

The third question is whether discussions between former and
current board members would violate Article 6252-9b "if the topic
of discussion is agency business that could financially impact"
the former board member.

The final question is whether a former board member may communicate
with or appear before the regulatory agency "on his or her own
behalf with an intent to influence agency action."


AOR-13. The Texas
Ethics Commission has been
asked to consider four
questions about political committees
under the Election Code,
Title 15. The first question
is whether a corporation
may "be established just
to form a PAC." The
second question is whether
contributions to a "corporation
PAC" may be made only
by the directors and
employees of the corporation.
The third question is
whether a political committee
may file its campaign
Ethics Commission if its
"purpose is limited to
a local, city issue."
The final question is
whether an improper filing
of a campaign treasurer
basis of a sworn complaint
to the Ethics Commission.


Issued in Austin, Texas, on March 18, 1992.

TRD-9204042

Sarah Woelk

Director, Advisory Opinions

Texas Ethics Commission

Filed: March 20, 1992

For further information, please call: (512) 463-5796