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.

Requests for copies of the full text of opinions or 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.



Opinions Request


AOR-42. The Texas
Ethics Commission has been
asked about the acceptance
of gifts by employees
of a regulatory agency.
Specifically, the requestor asks
about items such as caps
and coffee mugs offered
by a person or business
regulated by the agency.
Generally, these are items
that the person or business
does not sell but gives
award for promotional purposes.
The requestor asks whether
agency employees may accept
such gifts.


AOR-43. The Texas
Ethics Commission has been
asked about the acceptance
of gifts by officers
and employees of regulatory
agency. The agency has
statutory authority to accept
gifts. Occasionally, people bring
gifts of food or beverages
to the agency. The requestor
asks whether officers or
employees of the agency
or the agency itself
may accept such gifts.
The requestor also asks
whether the agency may
accept gifts from a person
interested in a matter
pending before the agency.
Finally, the requestor asks
whether there is a legal
basis for officers or
employees accepting gifts of
de minimis value and,
if so, how value is
to be assigned to food
items such as a plate
of cookies.


AOR-44. Texas Ethics
Commission has been asked
about the acceptance of
a plaque by an officer
of an executive branch
agency. An organization that
is not required to register
under the lobby statute,
the Government Code, Chapter
305, wishes to give the
officer of plaque as
a gesture of appreciation
for a speech the officer
made to the organization.
The officer estimates the
cost of the plaque to
be $40 to $60. The
officer asks whether he
may accept the plaque
and, if so, how it
is to be reported.


AOR-45. The Texas
Ethics Commission has been
asked to consider the
following four questions.

Are expenses shared by a group of lobbyists (or a set fee),
paid to sponsor a reception for a member of the legislature considered
a reportable expenditure of the lobbyist activity report; a campaign
contribution; or both?

Is the amount paid for a ticketed fund-raiser, where members
of the legislature are present (such as a reception for the Senate
Democratic Campaign Committee, Republican Caucus or an individual
elected official) considered a reportable expenditure of the
lobby activity report; a campaign contribution; or both?

Are expenses made to communicate directly with a non-incumbent
candidate for legislative office considered a reportable expenditure
of the lobbyist activity report?

Is a campaign contribution personally delivered to a legislator,
reportable as a lobby expenditure with the lobby activity report?


AOR-46. The Texas
Ethics Commission has been
asked to consider whether
the commission may impose
penalties for late reports
on a person registered
as a lobbyist with the
commission if the person
was not actually required
to register under Chapter
305.

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: (1) Texas Civil Statutes, Article
6252-9b; (2) Chapter 302, Government Code; (1) Chapter 305, Government
Code; (3) Title 15, Election Code; (5) Chapter 36, Penal Code;
(6) Chapter 39, Penal Code.

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


Issued in Austin, Texas, on May 12, 1992.

TRD-9206626

Sarah Woelk

Director, Advisory Opinions

Texas Ethics Commission

Filed: May 13, 1992

For further information, please call: (512) 463-5800