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.

Ethics Advisory Opinion
EAO-304 (AOR-336).
Whether a legislative caucus may use facilities of a public university for 
meetings, and whether the university may provide food, transportation, and 
lodging.
Summary of Opinion.
The Ethics Commission does not have jurisdiction to determine whether a public 
university has either statutory or constitutional authority to provide meeting 
facilities, food, transportation, or lodging to a legislative caucus. There is 
nothing in the laws under the jurisdiction of the Ethics Commission that would 
prohibit a legislative caucus from accepting meeting facilities, food, 
transportation, and lodging as an in-kind contribution from a university as long 
as they are not accepted during a regular legislative session or during the 30-
day period before a regular legislative session. Although individual members of 
the legislature are subject to restrictions on the acceptance of benefits, they 
may accept food, transportation, and lodging as a guest of the caucus as long as 
they comply with any applicable reporting requirements.
EAO-305 (AOR-339).
Whether a professor at a state university may accept a fee in addition to the 
professor's regular salary for performing a service outside of the professor's 
regular job duties.
Summary of Opinion.
A public servant may accept an honorarium for performing services if the public 
servant's official status was not a deciding factor in the decision to request 
the public servant to perform those services.
EAO-306 (AOR-340).
Length of time a local filing authority must preserve reports filed by a 
candidate under title 15 of the Election Code.
Summary of Opinion.
The Election Code requires a filing authority to preserve a campaign treasurer 
candidate for two years after the candidate terminates Code requires a filing 
authority to preserve each report of contributions and expenditures filed by a 
candidate for two years after the date of filing.
EAO-307 (AOR-341).
Whether a district judge who accepted political contributions in connection with 
a 1996 judicial election but eventually decided not to run may use those 
contributions to make officeholder expenditures or to make campaign expenditures 
in connection with a future judicial election.
Summary of Opinion.
A district judge who accepted contributions in connection with a 1996 judicial 
election and eventually decided not to run may use those contributions to make 
officeholder expenditures or to make campaign expenditures in connection with a 
future judicial election.
EAO-308 (AOR-342).
Whether records maintained by an officeholder in accordance with sec.254.001 of 
the Election Code are public records.
Summary of Opinion.
"Backup records" maintained by a candidate or officeholder pursuant to 
sec.254.001 of the Election Code are not public records under title 15 of the 
Election Code. Whether such records are public information under the Government 
Code, Chapter 552 is a question for the attorney general.
EAO-309 (AOR-343).
Whether members of the Crime Victims' Institute Advisory Council are required to 
file annual personal financial statements under chapter 572 of the Government 
Code.
Summary of Opinion.
Members of the Crime Victims' Institute Advisory Council are not required to 
file annual personal financial statements with the Texas Ethics Commission.
EAO-310 (AOR-344).
Whether an officeholder may use political contributions to pay legal expenses 
incurred in connection with federal and state investigations of the officeholder 
for public corruption.
Summary of Opinion.
An officeholder may use political contributions to pay legal expenses incurred 
in connection with federal and state investigations of the officeholder for 
public corruption.
EAO-311 (AOR-345).
to the Texas Structural Pest Control Board as an industry member pursuant to 
Texas Civil Statutes, Article 135b-6, section 3(a), may engage in certain 
activities.
Summary of Opinion.
A member of the Structural Pest Control Board should not teach certification or 
training courses for licensed pest control applicators, or consult with 
structural pest control businesses concerning problems that could result in 
disputes before the board.
EAO-312 (AOR-346).
Whether an employee of a city police department in Texas may accept a fee for 
performing services as an expert fingerprint examiner in a criminal case in 
Louisiana.
Summary of Opinion.
Under section 36.07 of the Penal Code a public servant may accept an honorarium 
for performing services as long as the public servant's official status was not 
a deciding factor in the decision to request the public servant to perform those 
services.
EAO-313 (AOR-348).
Whether an officeholder may use political contributions to pay for property 
damages caused in the discharge of the officeholder's official duties.
Summary of Opinion.
An officeholder may use political contributions to pay for damages to property 
caused in the discharge of the officeholder's official duties.
EAO-314 (AOR-349).
Whether a judicial candidate may spend political contributions to hold a victory 
party in conjunction with a charity golf tournament.
Summary of Opinion.
A judicial candidate may spend political contributions to hold a victory party 
in conjunction with a charity golf tournament.
EAO-315 (AOR-351).
Who is liable for a fine imposed for the late filing of a general-purpose 
political committee's report of contributions and expenditures.
Summary of Opinion.
The campaign treasurer of general-purpose committee is liable for any fine 
imposed for filing a committee report late.
EAO-316 (AOR-352).
Whether a person who is an "equity member" of a law firm operated as a 
professional corporation and who is also on the governing board of a state 
agency may act on a matter before the state agency that involves the financial 
interests of a client of the law firm.
Summary of Opinion.
The fact that an agency board member's law firm represents a client in matters 
not involving the board does not, by itself, create "a personal or private 
interest" on the part of the board member in a matter on which the client is 
seeking board action.
EAO-317 (AOR-353).
Whether a member of the legislature may use campaign contributions received in 
connection with campaigns for the legislature to campaign for another office.
Summary of Opinion.
As a general rule, the Texas Election Code does not prohibit the use of campaign 
contributions received in connection with one office to campaign for another 
office. There are, however, certain restrictions on using contributions accepted 
in connection with a nonjudicial office to make campaign expenditures in 
connection with a judicial office and on using contributions accepted in 
connection with a judicial office to make campaign expenditures in connection 
with a nonjudicial office. Also, federal law may restrict the use of 
contributions accepted in connection with a state or local office to make 
campaign expenditures in connection with a campaign for federal office.
EAO-318 (AOR-354).
Whether a member of the Board of Public Accountancy may provide continuing 
education courses to board licensees and related questions.
Summary of Opinion.
A member of the Board of Public Accountancy should not provide courses in a 
private capacity that satisfy continuing education requirements for board 
licensees. Nor should a board member conduct reviews that are required by the 
board.
Issued in Austin, Texas, March 28, 1996.
TRD-9604446
Tom Harrison
Executive Director
Texas Ethics Commission
Filed: March 29, 1996