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-179. Whether the revolving door and recusal provisions of Chapter 572 of the 
Government Code apply to members of the Texas Certified Self-Insurer Guaranty 
Association.
(AOR-175).
Summary of Opinion.
The Texas Certified Self-Insurer Guaranty Association (TCSGA) is not a state 
agency for purposes of Chapter 572 of the Government Code.
EAO-180. Whether members of the Texas Peace Officers' Memorial Advisory 
Committee (POMAC) are required to file annual financial disclosure statements 
under Chapter 572 of the Government Code. (AOR-195).
Summary of Opinion.
Members of POMAC are state agency who are required to file annual financial 
disclosure statements. Ethics Advisory Opinion Number 138 (1993) is superseded, 
in part, by statute.
EAO-181. Whether an incorporated association may raise funds for a general-
purpose committee that it has established by combining contribution 
solicitations with the association's yearly dues invoice. (AOR-200).
Summary of Opinion.
An incorporated association may raise funds for a general-purpose committee it 
has established by combining contribution solicitations with the association's 
yearly dues invoices to its members.
EAO-182. Whether state employees may use state time and state resources to raise 
funds for charitable organizations. (AOR-203).
Summary of Opinion.
In order for a violation of sec.39.01 of the Penal Code to occur, there must be 
both a "misapplication" of state resources and the misapplication must be made 
with intent to obtain a benefit or with intent to harm another. A use of state 
resources for charitable fundraising in compliance with Texas Civil Statutes, 
Article 6813h, would not be a misapplication of such resources. Nor would a use 
of state resources in connection with a charitable fundraising drive involve an 
intent to obtain a "benefit" or an intent to "harm" another as defined by 
sec.1.07(a) of the Penal Code.
EAO-183. Whether a newsletter that generally addresses issues about a local real 
estate market must bear a political advertising disclosure if it contains 
communications opposing a local measure, and related question. (AOR-204).
Summary of Opinion.
Communications supporting or opposing candidates, officeholders, or measures 
that appear in a newspaper, magazine, or periodical do not constitute political 
advertising if the publisher receives no consideration for publishing them. If 
such communications appear in a publication other than a newspaper, magazine, or 
periodical, they constitute political advertising and must be accompanied by the 
political advertising disclosure information set out in the Election Code, 
sec.255.001.
EAO-184. Whether sec.255.001 of the Election Code requires that a political 
advertising disclosure statement be printed on lapel stickers, pens, magnets, 
and emery boards produced for campaign purposes; whether an invitation to an 
"open house" held by two officeholders is required to carry the political 
advertising disclosure set out in the Election Code, sec.255.001. (AOR Numbers 
205, 208, 209).
Summary of Opinion.
A political advertising disclosure statement is not required on lapel stickers, 
pens, magnets, or emery boards, nor on an invitation to an "open house" held by 
an officeholder.
EAO-185. Whether "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[s] a violation of sec.305.022 of the Government 
Code."
(AOR-206).
Summary of Opinion.
Section 305.022 of the Government Code does not prohibit contingent fees for 
efforts to influence state agency purchasing decisions.
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 February 1, 1994.
TRD-9435579
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: February 2, 1994