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 EOR-122. An individual has asked whether the Ethics Commission has authority to impose penalties for violations of title 15 of the Election Code that occurred before January 1, 1992. EOR-123. A lawyer has asked whether lawyers who represent licensees in certain proceedings before licensing agencies must register as lobbyists. The proceedings described in the request letter are proceedings that various boards have established by rules. Specifically, the request letter asks about proceedings established by the Board of Nurse Examiners and proceedings established by the Board of Pharmacy. EOR-124. The Texas Ethics Commission has been asked to consider the application of Chapter 305 of the Government Code to persons who pay for the costs of a reception. The reception is sponsored by a non-profit organization that supports a state institution of higher education. The organization asked individuals "to contribute to this event at different sponsorship levels ranging from $100 to $1,000." In this context, the requestor asks the following questions: 1. Does a contribution to this event, if it is $200 or more, trigger the need for an individual to register as a lobbyist? 2. If an individual who is a registered lobbyist contributes to this event, what are his or her reporting requirements? 3. If a business or industry makes a contribution to this event, are there any reporting requirements? What if that business or industry is represented by a registered lobbyist who attends the event? What if the lobbyist does not attend the event? 4. What are the reporting requirements for the organization's lobbyist who will be present at the reception, but will not be responsible for any of the costs? 5. What are any other items necessary to be in full compliance with your commission? EOR-125. The Ethics Commission has been asked to consider whether certain exceptions from required lobby registration apply to persons who correspond with the Department of Insurance. This request raises questions about the application of the Insurance Code, sec.1.06D. EOR-126. The Texas Ethics Commission has been asked to consider whether an officeholder who is not a candidate may use political contributions to pay for travel for the officeholder's spouse. EOR-127. A state agency has asked the Ethics Commission to consider the following questions: 1. Expenses that are Reimbursable-If a staff member travels with an agency consultant to an out-of-town meeting, can the staff member accept a free ride from the airport to the meeting? (Taxi fare would be otherwise reimbursable by the State to the employee as an eligible travel expense). 2. Conduct of Board members-Members of our board, who are appointed and are paid a small per diem for their services, occasionally take staff members to lunch or send small gifts to the staff at holidays. May staff members accept gifts or favors from their own board members? 3. Business/Social Functions-There are conferences, holiday receptions and other quasi-social gatherings sponsored by private entities that could or already do business with the board. The gatherings provide opportunities to informally discuss trends and needs with representatives of entities that serve or are served by our water planning and financial programs. However, the gatherings often include refreshments and meals. If our staff members attend, should they refrain from accepting refreshments? Banquet-style meals? 4. A ride to Lunch-Staff auditors examine the records of the political subdivisions that have received funds from our agency. If the auditors have a meal with employees of the entity being audited, we believe that the auditors must pay for their own meal. But can they accept the favor of a ride from the employees when going to the meal? 5. Nominal Values-Can one of our consultants buy coffee for an employee? Can employees accept the inexpensive hankies or key rings that sometimes are sent by persons with whom we do business as a holiday gift? 6. Seminars-We are invited to seminars sponsored and paid for by private business. The seminars offer valuable and needed information to our employees. Can they go to the seminars? If they go, can they accept free meals or refreshments offered in the course of these seminars? 7. Holiday Food Gifts-Private firms that represent the agency or that may represent applicants to the agency may send boxes of candy and other food gifts to specific individuals or divisions of the agency, or to the entire agency at holidays. Can the treats be accepted and used by the individuals or could they be accepted by either the individuals or the agency and put out in an open place to be enjoyed by all without acknowledging the donor? EOR-128. The Texas Ethics Commission has been asked to consider whether an employee of a city retirement system, created under Texas Civil Statutes, Article 6423N, may be required to register as a lobbyist. EOR-129. The Ethics Commission has been asked to consider the application of the ethics laws to an event held in Austin to promote a particular county. The request letter describes the event as follows: The first [part] is a visit to each state agency, and each member of the Legislature by local citizens whose purpose is to provide information about their county and to extend an invitation to a reception. The second part is a ticket only reception where the entire Legislature and agency administrators are invited. The expenses are paid through funds raised by local residents and businesses. The request letter states that the group of citizens "does not lobby per se for any legislation, but rather promotes the county. In that context, the requestor asks the following questions: 1. Is a loose knit county organization prohibited from buying lunch or supper for members of the Legislature or Agency administrators? 2. Is such a group, which is organized for the sole purpose of conducting a single reception in Austin during the Regular Session, required to organize as a political action committee? 3. Is the group required to register as a lobbyist? EOR-130. A member of the legislature has asked the Ethics Commission whether a member of the legislature may use political contributions to pay for out-of- state phone calls made to Austin or district legislative offices to conduct state business. Issued in Austin, Texas, on November 16, 1992. TRD-9215436 Sarah Woelk Director, Advisory Opinions Texas Ethics Commission Filed: November 17, 1992 For further information, please call: (512) 463-5800