Opinions
AOR-431.
The Texas Ethics Commission has
been asked whether a district judge who is running for reelection in 1998
may raise funds in 1998 to pay debts incurred in 1992 in connection with
a legislative race.
AOR-432.
The Texas Ethics Commission has
been asked to consider several questions about contributions to and expenditures
by a club that invites candidates to speak at meetings and that sometimes
endorses or contributes to candidates. The specific questions have to do
with the application of Election Code §253.031(b) and §251.008.
AOR-433.
Whether it is a violation of §39.02
of the Penal Code for a state employee to use state-owned telephones to
make personal long-distance telephone calls if no charge is incurred by
the state.
AOR-434.
The Texas Ethics Commission has
been asked to consider whether a county or district clerk may accept an
in-kind contribution from a corporation to support the clerk's campaign
for election to an office of a private association of county and district
clerks. In addition, the Ethics Commission has been asked to consider whether
a clerk may accept gifts from corporations in the form of recreational trips
or in the form of door prizes.
TRD-9801279
Tom Harrison
Executive Director
Texas Ethics Commission
Filed: January 28,1998
EAO-388(AOR-427).
Whether members of
the Statewide Health Coordinating Council are required to file personal
financial disclosure statements under Chapter 572, Government Code.
SUMMARY.
Members of the Statewide Health
Coordinating Council are required to file personal financial disclosure statements.
EAO-389(AOR-428).
Whether the limit on a
judicial candidate's use of political contributions to reimburse himself
or herself for political expenditures from personal funds applies to the
candidate's use of political contributions to repay a bank loan for which
the candidate is personally liable.
SUMMARY.
A candidate's use of political
contributions to repay a bank loan does not count toward the limit on reimbursement
set out in Election Code section 253.162.
EAO-390(AOR-429).
Whether balloons must contain
the disclosure statement required by Election Code section 255.001, and
whether a candidate must report the use of campaign materials left over
from a previous campaign.
SUMMARY.
Campaign balloons are not required
to contain the disclosure statement described in Election Code section 255.001.
A candidate is not required to report his use in a current campaign of
materials paid for and reported in connection with a previous campaign.
EAO-391(AOR-430).
Whether a candidate may
correct a report filed before the issuance of Ethics Advisory Opinion No.
375 to indicate that the candidate intends to reimburse himself with interest
for the use of personal funds for campaign purposes, and also whether a
candidate may accept a campaign contribution from a city.
SUMMARY.
A candidate or officeholder may
correct a report filed before September 12, 1997, to indicate an intent to
reimburse himself or herself with interest for political expenditures from
personal funds, as long as the political expenditures from personal funds
and the intention to seek reimbursement for the expenditures were themselves
timely reported. Although the Election Code does not prohibit the acceptance
of a political contribution from a city, the Texas Constitution may prohibit
the city from making such a contribution.
EAO-392(SP-8)
Personal financial disclosure
statement reporting requirements in regard to retirement income and property
descriptions.
SUMMARY. Income received as a pension or from a retirement plan associated
with past occupational activity is not required to be reported as a "source
of occupational income" on a personal financial disclosure statement. Information
about retirement funds or income may, however, be reportable under some other
category on the personal financial disclosure statement.
In describing real property on a personal financial disclosure statement,
providing a street address and the city, county, and state where the real
property is located is an adequate alternative to providing the name of the
county where the real property is located and the number of lots or acres.
TRD-9801280
Tom Harrison
Executive Director
Texas Ethics Commission
Filed: January 28,1998