Texas Ethics Commission The Texas Ethics Commission is authorized by Government Code, sec.571.091, to issue advisory opinions in regard to the following statutes: the Government Code, Chapter 302; the Government Code, Chapter 305; the Government Code, Chapter 572; 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. Texas Ethics Commission Opinions EAO-170. Whether a former speaker candidate may return to contributors surplus funds contributed for use in a campaign for speaker of the house of representatives. (AOR-186) Summary of Opinion. A former speaker candidate may return contributions for the speaker's race to contributors. EAO-171. Whether a part-time municipal judge may use the title of judge in political advertising in connection with his or her candidacy for either district or county court-at-law judge. (AOR-187) Summary of Opinion. Under the Election Code, sec.255.006, a person may not suggest in political advertising or in a campaign communication that the person holds an office the person does not currently hold. EAO-172. Whether a legislator may use state computer equipment and employees to make entries about personal or political business on a computer schedule, and whether a state employee may conduct transactions involving officeholder contributions and expenditures. (AOR-188) Summary of Opinion. A legislator's use of state resources and employees to keep track of the legislator's overall schedule, including personal and political misapplication of things of value belonging to the government under the Penal Code, sec.39.01(a)(2). However, a state employee should not be used as a political or personal scheduler or organize political events. The use of state equipment or state employees' work time to handle campaign contributions or expenditures is a misapplication of state property. Under certain circumstances, the use of state resources to handle officeholder contributions and expenditures may be appropriate. Because the distinction between campaign matters and officeholder matters is not always clear, a legislator should be cautious in using state employees to handle any political contributions and expenditures. EAO-173. Whether the prohibition against acceptance of an honorarium, as set out in the Penal Code, sec.36.07, is applicable to a public servant in various circumstances. (AOR-189) Summary of Opinion. Texas law prohibits a public servant from accepting an honorarium for services that the public servant would not have been asked to perform but for his or her official position or duties. The location of a speech, the nature of the audience, or the speaker's expertise may be factors to consider in determining whether an honorarium is a prohibited one, but if the public servant would not have been asked to speak but for his official status, a payment for speaking would be a prohibited honorarium. EAO-174. Whether a senator may serve on the board of trustees of a private college. (AOR-193) Summary of Opinion. The laws subject to interpretation by the Ethics Commission do not prohibit a senator from serving as a trustee on the board of a private college that receives state-funded tuition equalization grants. However, a legislator is governed by the laws regarding conflicts of interest that are set out in Government Code, Chapter 572, and is subject to the restrictions that those laws impose. EAO-175. Treatment under Texas law of contributions from an employee participation plan established under Federal Election Commission rules. (AOR- 194) Summary of Opinion. Contributions to Texas state candidates made through an employee participation plan established by a corporation under regulations of the Federal Election Commission do not constitute corporate contributions under the Texas Election Code, and do not trigger any reporting or registration requirements on the part of the corporation. Corporate expenditures to establish and administer such an employee participation plan are not political expenditures regulated by Title 15 of the Election Code. EAO-176. Whether a political party may accept contributions from corporations or general-purpose committees established by corporations for the purpose of obtaining a permanent party headquarters. (AOR-196) Summary of Opinion. A political party may accept contributions from a corporation to be used to purchase a building for a permanent party headquarters, provided that the party complies with Election Code, Chapter 257 relating to corporate and labor union contributions to a political party. EAO-177. Whether certain expenditures are political expenditures subject to the 60-day waiting period set out in the Election Code, sec.253. 037(a). (AOR-198) Summary of Opinion. General-purpose committee expenditures related to political fundraising are subject to the 60-day waiting period of the Election Code, sec.253.037(a), as interpreted in Ethics Advisory Opinion Number 161 (1993). Costs associated with the production and dissemination of a brochure discussing the nature of a general-purpose committee and its political concerns, to be used for educational and fundraising purposes, are political expenditures. If a general-purpose committee receives as an in-kind contribution brochures costing more than $500 to produce, its distribution of the brochures constitutes a political expenditure subject to the 60-day waiting period. EAO-178. Whether a legislator may represent a client before a metropolitan transit authority. (AOR-199) Summary of Opinion. In general, a legislator is not prohibited from accepting employment and receiving compensation for legitimate services performed in a capacity other than as a public servant. The Texas Ethics Commission is authorized by sec.1.29 of Subchapter D of Chapter 571 of the Government Code, to issue advisory opinions in regard to the following statutes: (1) Subchapter D of Chapter 572 of the Government Code; (2) Chapter 302, Government Code; (1) Chapter 305, Government Code; (3) Title 15, Election Code; (5) Chapter 36, Penal Code; and (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 November 30, 1993. TRD-9332892 Sarah Woelk Director, Advisory Opinions Texas Ethics Commission Filed: December 2, 1993 AOR-197. Filed closed. No opinion issued, answered by letter. AOR-202. Filed closed. No opinion issued, answered by letter. The Texas Ethics Commission is authorized by the Government Code, Chapter 571, Subchapter D, sec.1.29, to issue advisory opinions in regard to the following statutes: the Government Code, Chapter 572, Subchapter D; 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. 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 2, 1993. TRD-9332949 Sarah Woelk Director, Advisory Opinions Texas Ethics Commission Filed: December 2, 1993