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-279. The Texas Ethics Commission has been asked to consider whether a member 
of the legislature may use political contributions to pay for using an airport 
owned by a corporation in which the legislator has an interest.
AOR-280. The Texas Ethics Commission has been asked to consider the following 
four questions about "revolving door" provisions: 1. Does Government Code, 
sec.572.054 apply to a former General Counsel of the Texas Department of 
Insurance? 2. Is a former General Counsel of the Texas Department of Insurance 
prohibited from appearing on a matter before the Department on his or her own 
behalf in the first year after leaving the Department? 3. Is a former General 
Counsel of the Texas Department of Insurance prohibited from consulting on a pro 
bono basis regarding a matter with which he or she was directly concerned during 
the period of service? 4. Is a former General Counsel of the Texas Department of 
Insurance prohibited from representing a nonprofit entity before the Department 
for compensation under Insurance Code, Article 1.06C in the first year after 
leaving the Department?
Issued in Austin, Texas, on January 31, 1995.
TRD-9501493
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: February 6, 1995

AOR-281. The Texas Ethics Commission has been asked to consider whether a former 
employee of a state agency may accept employment with a private company. The 
former state employee's job duties would include providing training for 
individuals who are seeking certification by the state agency for which the 
formerly state employee worked.
AOR-282. The Texas Ethics Commission has been asked to consider the following 
questions: 1. The Gifts to a Public Service statute prohibits the conferring of 
a benefit on a governmental official. Similarly, the Government Code, 
sec.305.024 prohibits the gifts of cash to a member of the legislature or 
executive branch. Although married couples in Texas are affected by community 
property laws, this should not lead to the conclusion that payment to a spouse 
for the performance of bona fide labor can be construed in any manner as  
conferring a benefit on a governmental official or a cash gift. Is there a legal 
problem relative to these statutes when the payment from the lobbyist to the 
spouse is conditioned explicitly on the performance of contractually agreed-upon 
work? 2. The spouse will financially participate in the actual cost of the 
office space and related expense (supplies, secretarial assistance, telephone 
charges, FAX costs). The methodology for determining how much the spouse should 
pay for office space will be a simple proportional calculation based on total 
square footage of space being used for the spouse's actual office area and a 
pro-rate share of the cost for the common area space (workrooms, reception area, 
etc.). The spouse will contribute to the cost of secretarial help based on the 
number of hours of work performed for the spouse and the secretarial help's 
hourly wage. Payment for copying will be based on a per-page charge according to 
actual incremental costs (amortized cost of copying machine, paper, toner, 
etc.), and the proportional cost for use of a FAX machine will be the monthly 
amortized cost divided by the number of persons using the machine. The spouse 
will pay for directly-incurred expenses like long-distance telephone calls, 
paper, etc. Is this a legally sufficient methodology for having the spouse 
participate financially in the overall operation of the lobbying office? Is 
there any violation of any law within the jurisdiction of the Ethics Commission 
related to the spouse's financial participation in these office expenses so long 
as the spouse's payments accurately reflect the accrual of actual expenses and 
there is no subsidy on the part of the registrant? 3. Section 572.023 specifies 
the items that must be disclosed through a financial statement by a member of 
the legislature or executive branch. Subsection (12) appears to pertain to legal 
entities like law firms. I do not believe it should apply to a situation in 
which a spouse registers under Chapter 305 and enters into a contractual work 
relationship with another registered lobbyist. Is this a correct interpretation? 
If not, must the member of the legislature or executive branch report the 
spouse's financial relationship with the registered lobbyist who is paying for 
contractually agreed-upon labor?
AOR-283. The Ethics Commission has been asked to consider whether the moratorium 
on political contributions in the Election Code, sec.253.034 applies to a state 
district judge.
Issued in Austin, Texas, on February 2, 1995.
TRD-9501494
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: February 6, 1995