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-141. The Texas Ethics Commission has been asked to consider whether 
expenditures for a reception of legislators may require a student goverment 
group at a state university to register under the lobby statute. The group is 
funded by student activity fees.
AOR-142. The Texas Ethics Commission has been asked to consider whether 
responding to a bid solicitation issued by the Department of Insurance is 
communication to influence administrative action for purposes of the Government 
Code, Chapter 305. Another question is whether a lawyer who represents a a 
special deputy receiver of a failed insurance company is an officer or employee 
of the state for purposes of the Government Code, Chapter 305.
AOR-143. The Texas Ethics Commission has been asked to consider whether certain 
communications to the Water Commission require lobby registration. The request 
also raises question about how an individual is to allocate time between 
activities that are regulated by the Government Code, Chapter 305, and 
activities that are not.
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; Chapter 302, Government Code; Chapter 
305, Government Code; Title 15, Election Code; Chapter 36, Penal Code; and 
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 December 22, 1992.
TRD-9216905
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: December 22, 1992
For further information, please call: (512) 463-5800
   
Opinions
EAO-89. Whether certain types of communication between employees of an 
engineering firm and officers and employees of a state agency are subject to the 
registration and reporting requirements of the lobby statute. (AOR-27)
Summary of Opinion.
An entity may be required to register as a lobbyist under the expenditure 
threshold for lobby registration. An expenditure made directly from the funds of 
an engineering firm, in contrast to reimbursement paid by the firm to an 
individual registrant, is an expenditure by the firm for purposes of the lobby 
statute, not an expenditure made by the employee who acted on behalf of the 
firm. An employee of an engineering firm who is paid to communicate with an 
official of a regulatory agency to extol the merits of the firm is engaged in 
lobby activity if the purpose of doing so is to influence the agency official in 
regard to any matter that may be the subject of agency action. Similarly, 
expenditures for a hunting trip are not exempted from the Government Code, 
Chapter 305 simply because no business is discussed on the trip. 
EAO-90. Application of the Penal Code, Chapter 36 and the Government Code, 
Chapter 305 to use of a corporate deer lease by members of the executive and 
legislative branches.
(AOR-33)
Summary of Opinion.
In providing the use of a deer lease to a member of the legislative or executive 
branch, a corporation may subject itself or its officers or employees to 
registration and reporting requirements of the Government Code, Chapter 305, 
even if no business related matters are to be discussed.
For a corporation to satisfy the "guest" requirement under the Penal Code, 
sec.36.10, there must be a person present whose position, authority, or conduct 
could create corporate liability for exemplary damages.
EAO-91. Reporting requirements of an organization that hosts a reception and 
sporting event to which legislators and executive branch members are invited.
(AOR-59)
Summary of Opinion.
An organization that hosts a reception to which all legislators are invited must 
report that expenditure on its lobbyist activity report under sec.305.0062(d), 
under the category of "events to which all legislators are invited." Such 
expenditures are not required to be reported under any other section of the 
lobbyist activity report. Transportation to a sporting event that is of 
"incidental value" is not prohibited or reportable under Chapter 305. A lobby 
expenditure for transportation that is of more than "incidental value" is 
prohibited by Chapter 305. An organization that "underwrites" the cost of an 
event by earmarking funds given to a registered organization to host an event 
may have to report those funds as lobby expenditures under
Chapter 305, or the underwriting organization may be listed as a person who 
reimburses, retains, or employs the host organization. Other registrants who 
attend a reception and sporting event hosted by an organization do not have to 
report any expenditures if none were made with their consent. However, a 
registrant who purchases a ticket to an event in order to directly communicate 
with a member of the legislative or executive branch to influence legislation or 
administrative action may be required to report the price of the ticket.
EAO-92. Clarification of Government Code provisions requiring the presence of a 
registrant in order to make certain lobby expenditures. (AOR-60)
Summary of Opinion.
For a corporation to satisfy the requirement of the Government Code, 
sec.305.006(f) and sec.305.024(a)(7) that a "registrant" be present when certain 
expenditures are made, either the presence of an officer, employee, or member of 
the organization who is himself registered or the presence of an individual 
whose position, authority, or conduct could support an award of exemplary 
damages against the corporation is necessary.
EAO-93. Reporting requirements of an organization registered as a lobbyist that 
hosts a luncheon with a guest speaker who is a member of the legislative or 
executive branch. (AOR-61)
Summary of Opinion.
A registrant may provide transportation expenses for a member of the executive 
or legislative branch to "attend a conference or similar event in which the 
member renders services." However, the nature of those services must be "more 
than merely perfunctory." Whether a particular event or a service falls within 
these definitions is a fact question. A registered organization that provides a 
luncheon for a member of the legislative or executive branch and the 
organization's members for the purpose of communicating directly to influence 
legislation or administrative action must report the entire cost of the luncheon 
on its lobbyist activity report. When a registrant pays for an event that other 
registrants attend, none of the expenses of the event are attributable to the 
other registrants who are in attendance but who make no expenditures themselves.
EAO-94. Whether Texas Wing, Civil Air Patrol, may invite certain state officers 
to a conference and, if so, whether Texas Wing will be required to register as a 
lobbyist under the Government Code, Chapter 305. (AOR-72)
Summary of Opinion.
Texas Wing may provide lodging to members of the executive branch only if the 
expenditures are not lobby expenditures and only if the requirements of the 
"guest" exception in the Penal Code, sec.36.10 are met. Texas Wing may provide a 
banquet to members of the executive and legislative branches if the requirements 
of the guest exception are met and if the requirements of the lobby statute, if 
applicable, are met. EAO-95. Whether state employees may use state credit cards 
for personal expenditures. (AOR-73A)
Summary of Opinion.
A credit card issued to a public servant under a program where the card is 
issued at the direction and under the control of the State of Texas for state 
purposes may not be used for personal expenditures or any other type of 
expenditure not reimbursable as a state business expense under state law.
EAO-96. Application of the Government Code, Chapter 305 to representatives of 
the State Bar of Texas. (AOR-78)
Summary of Opinion.
Members of the board of directors of the State Bar and employees of the State 
Bar are "members of the judicial branch of state government" for purposes of the 
Government Code, sec.305.003(b). Members of the State Bar are not.
EAO-97. Whether a member of the legislature may accept an engraved clock in 
appreciation for a speech. (AOR-79)
Summary of Opinion.
A legislator may not accept an engraved clock in appreciation for a speech, even 
if the donor is required to report the gift under the lobby statute, if the 
legislator would not have been asked to give the speech but for his official 
position. EAO-98. Application of the lobby law to a broker's activities in 
connection with obtaining a loan guarantee through a state agency. (AOR-83)
Summary of Opinion.
The granting or denying a loan guarantee by the Department of Commerce would be 
"administrative action" for purposes of the Government Code, Chapter 305. A 
business that retains or employs a broker to communicate with officers or 
employees of the Department of Commerce to influence department action may not 
make the broker's payment contingent on the outcome of action by the department. 
This prohibition would also apply in a case in which the broker's payment is 
made contingent on the successful completion of a larger transaction if a piece 
of the transaction is specific action by the Department of Commerce.
EAO-99. Application of lobby statute to luncheon provided to legislators and 
legislative staff members by an organization whose members are also 
organizations. (AOR-86)
Summary of Opinion.
The lobby reporting requirements applicable to an umbrella organization made up 
of member organizations depend on the nature of the umbrella organization.
EAO-100. Acceptance of prizes by state employees and related questions. (AOR-87)
Summary of Opinion.
Whether a state employee may accept a prize depends on the nature, value, and 
context of the prize. The provisions in the lobby statute and the Penal Code 
apply to gifts and expenditures made both during working hours and outside of 
working hours.
EAO-101. Whether certain special districts are included within the executive 
branch for purposes of the lobby statute. (AOR-92)
Summary of Opinion.
As a general rule, statewide jurisdiction is implicit in the term "state agency 
or department" as used in the Government Code, Chapter 305. However, a person 
who communicates directly with an officer or employee
of a river authority to influence administrative action
must register as a lobbyist if the person meets one of the registration 
thresholds.
EAO-102. Whether an advertisement in a youth magazine to congratulate a sports 
team purchased by a member of the legislature must indicate that it is political 
advertising.
(AOR-96)
Summary of Opinion.
In most circumstances, an advertisement congratulating a sports team that 
identifies a candidate or public officer as such is political advertising and 
must contain the information required by the Election Code, sec.255.001.
EAO-103. Interpretation of phrase "compensation or reimbursement" in the 
Government Code, sec.305.005(f)(6). (AOR-97)
Summary of Opinion.
A lobby registrant who receives both compensation and reimbursement must report 
the total amount of both for purposes of the Government Code, sec.305.005(f)(6). 
Reimbursements for office expenses such as photocopying, long-distance calls, 
and facsimile transmissions are among the types of reimbursements that must be 
reported under sec.305.005(b)(6).
EAO-104. Whether an officeholder may use political contributions to pay dry 
cleaning and laundry bills. (AOR-98)
Summary of Opinion.
Legislators may not use political contributions to pay laundry and dry cleaning 
expenses incurred in Austin.
EAO-105. Whether campaign contributions my be used to defray legal expenses 
incurred in defending a lawsuit to collect on a campaign loan. (AOR-113)
Summary of Opinion. A candidate or officeholder may use campaign contributions 
to pay legal expenses incurred in defending a lawsuit brought to collect on a 
campaign loan if the loan was made to the candidate or officeholder in his 
status as a candidate or officeholder.
EAO-106. Whether communications to county officials
are governed by the Government Code, Chapter 305. (AOR-117)
Summary of Opinion.
Communications to county officials are not governed by the Government Code, 
Chapter 305. A county official may be required to report some gifts of food, 
lodging, transportation, or entertainment under the Local Government Code, 
sec.159.005(b)(7) in order to satisfy the requirements
of the Penal Code, sec.36.10(b).
EAO-107. Whether a county official must register as a lobbyist if the county 
official communicates directly with members of the legislature in his capacity 
as are presentative of a private association of county officials. (AOR-118)
Summary of Opinion.
The exception from required lobby registration for county officers and employees 
that is set out in the Government Code, sec.305.003(b), does not apply to a 
county officer or employee who is receiving compensation for lobbying from a 
private organization or making lobby expenditures in the capacity of a 
representative of a private organization. This is so even if the private 
organization is an organization of a particular category of county officers or 
employees.
EAO-108. Whether a contribution from a partnership is a prohibited contribution 
if the partnership uses a corporate agent to collect and disburse its funds. 
(AOR-120)
Summary of Opinion.
A political contribution from a partnership does not become a corporate 
contribution simply because the partnership uses a corporation to disburse its 
funds.
EAO-109. Whether the Texas Ethics Commission has authority to impose penalties 
for improper reporting of a contribution under the Election Code, Title 15, if 
the violation of Title 15 occurred before January 1, 1992.
(AOR-122)
Summary of Opinion. 
The Texas Ethics Commission does not have authority to impose sanctions under 
Texas Civil Statutes, Article 6252-9d.1, sec.1.28, for violations of the 
Election Code, Title 15, that occurred before January 1, 1992.
EAO-110. Whether exceptions from required lobby registration that are set out in 
rules adopted by the commission are applicable to a person required to register 
as a lobbyist under the Insurance Code, sec.1.06D. (AOR-125)
Summary of Opinion.
Exceptions from required lobby registration set out in Ethics Commission rules 
do not apply to persons required to register under the Insurance Code, 
sec.1.06D.
EAO-111. Use of political contributions to pay transportation and lodging 
expenses of an officeholder's spouse.
(AOR-126)
Summary of Opinion.
A candidate may use political contributions to pay the travel expenses of his or 
her spouse if the spouse is campaigning for a candidate. An officeholder may use 
political contributions to pay for his or her spouse's travel if
the spouse's travel is in connection with the performance of duties or 
responsibilities of the officeholder.
EAO-112. Whether a full-time employee of a city is required to
register as a lobbyist if the employee's duties include "lobbying the Governor 
and members of the state legislature regarding legislation." (AOR-132)
Summary of Opinion.
A city employee is not required to register as a lobbyist for activities in his 
capacity as a city employee. As of the date of this opinion, the Ethics 
Commission has not adopted any rule under sec.305.0051.
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; Chapter 302, Government Code; Chapter 
305, Government Code; Title 15, Election Code; Chapter 36, Penal Code; and 
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 December 21, 1992.
TRD-9216823
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: December 21, 1992
For further information, please call: (512) 463-5800