Texas Ethics Commission


The Texas Ethics Commission
is authorized by Texas
Civil Statutes, Article 6252-9d.1,
sec.1.29, to issue advisory
opinions in regard to
the following statutes: Texas
Civil Statutes, Article 6252-9b;
the Government Code, Chapter
302; the Government Code,
Chapter 305; 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.









Opinion Requests





AOR-83. The Texas
Ethics Commission has been
asked whether payment of
a commission to a broker
in certain circumstances would
violate the Government Code,
sec.305.022, which prohibits
certain contingent fee arrangement
for lobbying. The requestor
asks about three specific
types of commissions: sale
of property to a city
or county; a loan brokerage
fee on a guaranteed loan;
and a fee for obtaining
a direct loan.







AOR-84. The state
agency has asked the
Texas Ethics Commission whether
it may allow its employees
to attend technical seminars
conducted by private businesses.
The information presented is
directly relevant to the
employees' job responsibilities.
The private businesses would
not charge for attendance;
the state agency would
pay any related expenses.







AOR-85. Two registered
lobbyists have asked the
Texas Ethics Commission to
issue an advisory opinion
clarifying whether a registered
lobbyist may make expenditures
for lunches, cocktails, golf,
bowling and report such
expenditures in accordance with
Chapter 305 without violating
any provision of Chapter
36 of the Penal Code.







AOR-86. A private
association made up of
other organizations has asked
how it should report
the cost of luncheons
provided by the association
to legislators and legislative
staff. Part of the cost
of each luncheon is paid
by one of the member
organizations; the remaining part
is covered by association
dues. Members of member
organizations who attend pay
$5.00 to defray the cost
of their own lunches.
The requestor ask the
following questions:


1. Should each member organization report on a lobby activity
report the portion of the member organization's dues that is
used to cover luncheon costs?


2. Should the $5.00 paid by members of member organizations
be reported


3. If an additional assessment is charged to each member organization
to cover luncheon costs, how and by whom should that assessment
be reported?


4. If a member organization that is paying for a particular
lunch has members who are registered lobbyists, should any of
the costs of the luncheon by attributed to those lobbyists?


Questions on particular submissions should be addressed to
the Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070,
(512) 463-5800.





Issued in Austin, Texas, on July 21, 1992.


TRD-9210056



Sarah Woelk


Director, Advisory Opinions


Texas Ethics Commission





Filed: July 23, 1992


For further information, please call: (512) 463-5800