Advisory Opinion
EAO-470.
The Texas Ethics Commission has
been asked to consider whether a former assistant general counsel for a state
agency may represent a person in a case that was opened while the former assistant
general counsel was an employee of the agency.
SUMMARY
The revolving door provision in §572.054(b) of the Government Code
does not prohibit a former assistant general counsel for a state agency from
representing a person in a case that was opened while the former assistant
general counsel was an employee for the agency if as a state employee she
did not personally participate in the case and if the case was not within
her official responsibility.
The Texas Ethics Commission is authorized by §571.091 of the Government
Code to issue advisory opinions in regard to the following statutes: (1) Chapter
572, Government Code; (2) Chapter 302, Government Code; (3) Chapter 303, Government
Code; (4) Chapter 305, Government Code; (5) Chapter 2004, Government Code;
(6) Title 15, Election Code; (7) Chapter 159, Local Government Code; (8) Chapter
36, Penal Code; and (9) Chapter 39, Penal Code.
Questions on particular submissions should be addressed to the Texas Ethics
Commission, P.O. Box 12070, Capitol Station, Austin, Texas 78711-2070, (512)
463-5800.
TRD-200602751
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Filed: May 16, 2006