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.









Opinion Requests





AOR-69. The Texas
Ethics Commission has been
asked to consider the
effect of Ethics Advisory
Opinion Number 13 (1992)
to the lease of the
car. The requestor states
that, before Ethics Advisory
Opinion Number 13 was
issued, he leased a car
with "the intent to prorate
the cost of the lease
and the operating costs
between campaign and personal
on a periodic basis."
The requestor asks whether
this transaction is "grandfathered"
under State Ethics Advisory
Commission Number 3 (1984).
If so, the requestor
asks whether he may continue
to use political contributions
to make lease payments
and reimburse his political
funds from personal funds.







AOR-70. The Texas
Ethics Commission has been
asked to consider the
following questions:


1. If a lobbyist and a client have lunch with a member
of the legislative or executive branch of state government is
an attempt to influence pending legislation/administrative action
affecting the client and the member pays for his or her own lunch,
are the lobbyist's and/or client's expenditures for the lunch
reportable under Chapter 305 of the Government Code on the lobbyist's
activity report covering that period? Assuming the client is
not a registered lobbyist and the client's paying for the meal
does not require the client to register as a lobbyist, does it
make any difference whether the client or the lobbyist pays for
the meal?


2. If two or more lobbyists who are all working for the
same client have lunch with a member of the legislative or executive
branch of state government in an attempt to influence legislation/administrative
action affecting the client and one of the lobbyists pays for
everyone's lunches, including the member's how should that lobbyist
report this expenditure under Chapter 305 of the Government Code?
For example, are all of the lunches, including those attributable
to the other lobbyists, included in the foods and beverage total
on Schedule I of the lobbyists activity report? Are the lunches
attributable to the other lobbyists included anywhere on Schedule
II of the lobbyist's activity report?


3. Do the reporting requirements change under the scenario
described in Question 2 above if the lobbyists are representing
different clients?







AOR-71. The Texas
Ethics Commission has been
asked to consider whether
a state college or university
is a "person" for purposes
of the Penal Code, Chapter
36.







AOR-72. The Texas
Ethics Commission has been
asked about the application
of the lobby statute
of Texas Wing, the state
division of the Civil
Air Patrol. Texas Wing
proposes to invite several
statewide officials to attend
its annual conference and
to provide two nights
of hotel accommodations and
a banquet.







AOR-73. A state
agency has asked whether
state employees may use
state credit cards for
personal expenditures. The agency
has also asked whether
state employees may make
personal use of "frequent
flier" miles earned as
a result of travel on
state business.







AOR-74. The Texas
Ethics Commission has been
asked whether a lawyer
must register as a lobbyist
if he receives his regular
hourly rate from a client
to prepare and present
comments on rules proposed
by a state agency. The
focus of the question
is the meaning of the
phrase "special or extra
compensation" in 1 TAC
sec.40.7(a)(4).







AOR-75. The Texas
Ethics Commission has been
asked the following question:
May an organization that
is not required to register
present a free membership
in the organization to
a state or local government
officeholder or employee in
appreciation of a speech
made before the organization?







AOR-76. The Texas
Ethics Commission has been
asked to consider whether
a "director" of a state
agency is an "officer"
for purposes of Texas
Civil Statutes, Article 6252-9b.


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 June 29, 1992.


TRD-9209037



Sarah Woelk


Director, Advisory Opinions


Texas Ethics Commission





Filed: June 30, 1992


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