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 AOR-204. The Ethics Commission has been asked to consider whether a newsletter that generally adresses issues about a local real estate market is required to bear a political advertising dislcousre if it contains information opposing a local measure. AOR-205. The Ethics Commission has been asked to consider whether a lapel sticker is required to have a political advertising disclsoure statement. AOR-206. Does paying or agreeing to pay an employee or outside consultant a commission fee for soliciting, acquiring, and closing underwriting projects for state bond issuers constitute a violation of sec.305. 022 of the Government Code? AOR-207. The Texas Department of Criminal Justice has asked whether it is permissible for department employees to accept gratuities from communities in which department prison or jail facilities are located. AOR-208. The Ethics Commission has been asked to consider whether a political advertising disclosure is required on products such as pressure sensitive lapel labels, pen, and magnets. AOR-209. The Ethics Commission has been asked to consider whether an invitation to a holiday open house from a state representative must bear a political advertising disclosure. AOR-210. The Ethics Commission has been asked to consider the following questions about "legislative advertising" under sec.305.027 of the Government Code: 1. A legislator comes across an editorial about a piece of legislation in the newspaper and wants to distribute it to several other members. If he stops at a local printing shop on the way into Austin and has several copies printed, would a disclaimer for legislative advertising be required? If he had time to have copies made in his office upon arrival in Austin, would a disclaimer be required if no business transaction had taken place. 2. Would an individual who pays to have bill information or the editorial piece referenced above photocopied for his friends or neighborhood club be required to include a legislative advertising disclaimer? Or, would the requirement for the disclaimer be necessary only after a certain dollar amount is spent to produce the copies of a flyer? 3. If a non-profit AIDS support group printed fliers for a rally designed to generate public support for AIDS issues, would the organization need the legislative advertising disclaimer on its fliers? Obviously, AIDS has been the subject of legislation and is likely to be the subject of future legislation. However, if the disclaimer is required on such a broad basis, there is an additional concern among non-profit 501C(3) organizations. In brief, the requirement to print a legislative advertising disclaimer could contradict their tax-exempt status even though a rally would be a perfectly legitimate activity for the organization. 4. If the same AIDS support printed information regarding AIDS issues, would the disclaimer be required in all cases -even when AIDS is not the subject of current legislation or when the Legislature is not in session? Or, is the disclaimer required only when the printed information supports, opposes or proposes a specific piece of legislation before the Texas Legislature? Finally, is the disclaimer also required of Texas organizations and/or individuals when addressing federal legislation? AOR-211. The Ethics Commission has been asked whether it is permissible for two candidates to sponsor a joint-fundraiser or to share the costs of a mailing without registering as a political committee. AOR-212. The Texas Ethics Commission has been asked about the application of Title 15 of the Election Code to a meeting held be a group affiliated with a political party. The purpose of the meeting will be to hear speeches from one or more candidates from the group's party. Tickets will be sold to the meeting; the price of the tickets will cover food, decoration, room rental, insurance, and advertising. The group may pay speakers' travel expenses. The request letter sets out the following facts: The Club will make no contribution to the speakers' campaigns nor will the speakers be allowed to solicit contributions from those attending, although they will be permitted to display their posters in the meeting room and have their campaign literature available. The Club will not favor one [party] candidate for office over another [party] candidate for the same office. The meeting will not be held within 20 days of an election. All receipts from the sale of tickets will be used to pay the expenses of the meeting. Any excess will go into the treasury of the Club. Any deficiency will be paid out of the treasury of the Club. The Club expects the receipts to exceed $500 and the expenses to exceed $500. AOR-213. The Texas Ethics Commission has been asked to consider whether a legislator may use state employees to send Christmas cards for officeholder purposes. AOR-214. The Texas Ethics Commission has been asked to consider whether members of the Interagency Council on Early Childhood Intervention are required to file financial disclosure statements under Chapter 572 of the Government Code and, if so, under what circumstances. 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 January 12, 1994. TRD-9434559 Sarah Woelk Director, Advisory Opinions Texas Ethics Commission Filed: January 12, 1994 AOR-213. The Texas Ethics Commission has been asked to consider whether a legislator may use state employees to send Christmas cards for officeholder purposes. AOR-214. The Texas Ethics Commission has been asked to consider whether members of the Interagency Council on Early Childhood Intervention are required to file financial disclosure statements under Chapter 572 of the Government Code and, if so, under what circumstances. 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 January 12, 1994. TRD-9434560 Sarah Woelk Director, Advisory Opinions Texas Ethics Commission Filed: January 12, 1994