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
EAO-143. Whether a corporation makes a political contribution by contracting to 
provide a carnival for a political fundraiser.
(AOR-158).
Summary of Opinion.
A candidate may contract with a carnival corporation for the corporation to 
present a carnival at the candidate's fundraiser and remit a portion of the 
proceeds to the candidate in exchange for the candidate's provision of land and 
services if such an arrangement reflects the usual and normal practice in the 
carnival industry for contracts with non-political as well as political 
entities. Purchases of carnival tickets would be reportable political 
contributions, and so could not be made by corporations or labor unions.
EAO-144. The application of the ethics laws to the production of a television 
program. (AOR-136).
Summary of Opinion.
A commercial sponsor who provided funding for a television program for a state 
representative with the intent that the state representative use the time to 
explain his position on legislative matters would be making an officeholder 
contribution. Because officeholder contributions from corporations and certain 
other entities are generally prohibited, these entities could not sponsor such a 
program. If a paid television broadcast supports or opposes a candidate for 
nomination or election to a public office or supports or opposes a public 
officer, the show must include the information required by the Election Code, 
sec.255.001.
EAO-145. Reconsideration of Ethics Advisory Opinion Number 32 (1992). (AOR-139 
and AOR-146).
Summary of Opinion.
Ethics Advisory Opinion Number 32 (1992) is overruled. A general-purpose 
committee is not required to include the name of a legal entity in its name 
simply because the legal entity contributes money for the establishment or 
administration of the committee. A general-purpose committee must include in its 
name the name of a legal entity that plays a role in the decision-making process 
of a general-purpose committee.
EAO-146. Whether a state representative may use political contributions to 
reimburse himself for payments from personal funds on a condominium in Austin
that the state representative purchased in 1992. (AOR-147).
Summary of Opinion.
A state representative may use political contributions to reimburse himself for 
payments from personal funds on a condominium that the state representative 
purchased in 1991. Reimbursements may be made for payments made after January 1, 
1992, only if the state representative complied with the reporting requirements 
set out in the Election Code, sec.253.035(h).
EAO-147. Whether it is permissible for a state employee to use a state-issued 
credit card to pay for a hotel bill, even if the total bill exceeds the amount 
reimbursable by the state.
(AOR-149).
Summary of Opinion.
A public servant's use of a state-issued credit card for any type of expense 
other than a state business expense is a misapplication of state property and 
may violate the Penal Code, sec.39.01. It is not a misapplication of state 
property to use a state-issued credit card for a state business expense in 
accordance with rules established by agencies authorized to control the card's 
use.
EAO-148. Whether
a state legislator may receive a salary for working for a city, and whether a 
state legislator may receive a fee from a state college or university for 
teaching if the fee comes from a private, rather than a public, funding source. 
(AOR-164).
Summary of Opinion.
As long as a state legislator is providing services to a city in a capacity 
other than as a legislator and as long as the prohibition on honoraria is not 
applicable, a state legislator may accept a salary for working for a city. 
Whether funds come from a public or private source is irrelevant to the 
application of the honorarium provision. Under the prohibition on honoraria, a 
legislator could not accept a fee for teaching if the legislator would not have 
bee asked to speak but for his position as a legislator, regardless of whether 
the payment comes from a public or private source.
EAO-149. Whether a successful candidate may use political contributions left 
over after a campaign to make a donation to a tax-exempt, nonprofit organization 
serving physically, mentally, and developmentally challenged individuals. (AOR-
166).
Summary of Opinion. 
An officeholder may use political contributions left over from a campaign to 
make a donation to a tax-exempt, nonprofit organization serving physically, 
mentally, and developmentally challenged citizens without violating the 
prohibition on conversion of political contributions to personal use.
EAO-150. Whether an educational institution may make a donation to a charity in 
honor of a state senator who is invited to give an address on education issues. 
(AOR-168).
Summary of Opinion.
A state senator may not request that a payment be made to a third party in 
consideration for a speech by the senator. Nor may a state senator agree that a 
payment will be made to a third party in consideration for a speech by the 
senator. A third party may make a charitable donation in a state senator's name 
in appreciation for a speech by the state legislator as long as the payment is 
not the result of an express or implied agreement with the legislator.
EAO-151. Permissible use of political contributions accepted before September 1, 
1983. (AOR-169).
Summary of Opinion.
Political contributions accepted before September 1, 1983, are not subject to 
the prohibition on personal use of political contributions.
EAO-152. Whether a hearings examiner for a state agency may accept 
transportation and meals in connection with a presentation to a group whose 
members may have contested cases pending before the hearings examiner's agency. 
(AOR-172).
Summary of Opinion.
A hearings examiner is not prohibited from accepting transportation and meals in 
connection with a substantive presentation to provide information about the 
hearings examiner's agency, regardless of whether individual members of the 
group attending the presentation may have contested cases pending before the 
agency.
EAO-153. Application of the lobby law to an employer's payment of travel 
expenses for a member of the Advisory Commission on State Emergency 
Communications. (AOR-173).
Summary of Opinion.
A member of the Advisory Commission on State Emergency Communications who is a 
registered lobbyist is not required to report as a lobby expenditure his 
employer's payment of his travel expenses to attend commission meetings.
EAO-154. Whether the Texas Commission on the Arts is a "regulatory agency" for 
purposes of the revolving door provision in Texas Civil Statutes, Article 6252-
9b. (AOR-177).
Summary of Opinion.
The Commission on the Arts is a regulatory agency for purposes of Texas Civil 
Statutes, Article 6252-9b, sec.7A.
EAO-155. Whether a private association may hire a state legislator as an 
employee. (AOR-178).
Summary of Opinion.
A legislator may not accept a salary from a private association for carrying or 
"killing" bills in the legislature. The restrictions set out in Texas Civil 
Statutes, Article 6252-9b, sec.7, apply to a legislator's representation of a 
person in a grievance proceeding before a public university, but not to a 
legislator's representation of a person in a grievance proceeding before a 
public junior college.
EAO-156. Whether it is permissible, under the laws subject to interpretation by 
the Texas Ethics Commission, for a law firm of which a legislator is a member to 
contract with another law firm to assist with the collection of delinquent 
property taxes for various local taxing units. (AOR-179).
Summary of Opinion.
The provisions subject to interpretation by the Ethics Commission do not 
prohibit a legislator or his law firm from entering into a contract to assist 
with the collection of delinquent property taxes for a local taxing authority.
EAO-157. Whether a state representative may use political contributions to pay 
for Spanish lessons.
(AOR-181).
Summary of Opinion.
A state representative whose district has a large Hispanic population may use 
political contributions to pay for Spanish lessons in order to communicate with 
his or her constituency. Such expenditures would not constitute a prohibited 
personal use of political contributions under the Election Code, sec.253.035.
The Texas Ethics Commission is authorized by Texas Civil Statutes, Article 6252-
9d, sec.1.29, to issue advisory opinions in regard to the following statutes: 
(1) Texas Civil Statutes, Article 6252-9b; (2) Government Code, Chapter 302; (1) 
Government Code, Chapter 305; (3) Election Code, Title 15; (5) Penal Code, 
Chapter 36; and (6) Penal Code, Chapter 39. 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 30, 1993.
TRD-9325070
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: June 30, 1993
For further information, please call: (512) 463-5800