EAO-478. The Texas Ethics Commission has been asked to consider whether an elected judge may use political contributions to pay the premiums of a Judge's Professional Liability Insurance Policy. (AOR-541)
SUMMARY
The use of political contributions to pay a premium of a "judge's claims made professional liability insurance policy" that only covers expenses incurred in connection with claims or lawsuits brought against a judge in his official capacity as a public officeholder does not constitute a personal use.
The Texas Ethics Commission is authorized by section 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-200800937
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Filed: February 14, 2008
EAO-479. The Texas Ethics Commission has been asked to consider whether a general-purpose political committee may ask a candidate for the house of representatives questions concerning candidates for speaker of the house of representatives and whether the committee may base its decision to support or not to support the candidate for the house of representatives on the responses to those questions. (AOR-542)
SUMMARY
Placing a candidate on notice that a general-purpose committee will base its decision on whether or not to support the candidate on the candidate's responses to the specific questions provided by the requestor of the opinion would constitute legislative bribery under §302.032 of the Government Code. Whether a candidate has been placed on such notice is a fact question and, as we have stated in previous opinions, an advisory opinion cannot resolve fact issues.
The legal value of an Ethics Advisory Opinion is to provide a defense to prosecution for activities that, in the opinion of the Ethics Commission, are not in violation of the laws under the jurisdiction of the Ethics Commission. We cannot provide that type of defense in this request because we cannot anticipate the different circumstances in which the specific questions listed above may be asked.
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-200800885
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Filed: February 13, 2008