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.









Opinions





EAO-31. Whether the
lobby statute prohibits a
private company from making
certain donations or expenditures
for the benefit of state
agencies or state universities.
(AOR-22)







Summary of Opinion
Chapter 305 of the Government
Code does not apply to
gifts made to a state
agency rather than to
individual officers or employees
of a state agency. Whether
a particular agency has
authority to accept a
gift is governed by other
law, over which the Ethics
Commission has no interpretive
authority.


Expenditures for an educational program presented to employees
of a state agency in their capacity as state employees would
not be expenditures reportable under Chapter 305 of the Government
Code if the program primarily benefits the agency rather than
the individual.


State colleges and universities are "state agencies" for purposes
of Chapter 305 of the Government Code. A private company that
purchases meals for employees of a state college or university
is engaging in lobby activity if the company's purpose in purchasing
the meals is to communicate to influence action by the college
or university.







EAO-32. Whether the
acceptance of funds from
a corporation by a general-purpose
committee requires the inclusion
of the name of the
corporation in the committee's
name pursuant to the
Election Code. (AOR-23).







Summary of Opinion
The name of the general-purpose
committee must include the
name of each corporation
that makes a political
expenditures to finance the
establishment or administration
of the committee.







EAO-33. Whether employees
of the Texas Guaranteed
Student Loan Corporation are
employe4es of a state
agency for purposes of
the lobby statute. (AOR-32)







Summary of Opinion
The Guaranteed Student Loan
Corporation is not a
state agency or a political
subdivision for purposes of
Chapter 305 of the Government
Code. Therefore, an employee
of the Guaranteed Student
Loan Corporation must register
as a lobbyist if he
meets either the compensation
threshold or the expenditure
threshold in the lobby
statute. Communications made to
the Guaranteed Student Loan
Corporation are not subject
to regulation under the
lobby statute.







EAO-34. Whether a
person required to register
as a lobbyist may give
weekly parties to which
all legislators and their
staffs are invited. (AOR-36)







Summary of Opinion
A person who is registered
as a lobbyist may give
a party to which all
legislators and their staffs
are invited, at which
the registrant pays for
the band and individuals
pay for their own food
and drink. The lobbyist
must report the expenditures
for the band on a
monthly lobby activity report
as an event to which
all members of the legislature
were invited. Since the
party is an entertainment
event, the lobbyist must
comply with the Chapter
305 requirement that the
lobbyist be present at
the event.







EAO-35. Regarding
the application of the
Election Code, sec.253. 041(b)
which limits an officeholder's
or candidate's use of
political contributions for payments
to a business in which
the candidate or officeholder
has a significant interest.
(AOr-40)







Summary of Opinion
A candidate who owns
50 percent of the stock
in a corporation engaged
in the advertising business
may make a payment from
a political contribution to
the corporation to purchase
advertising services and supplies
if the payment is in
the amount necessary to
reimburse the corporation for
actual expenditures. A payment
greater than that amount
would be in violation
of sec.253.041. A payment
less than that amount
would be an impermissible
corporate contribution.







EAO-36. Acceptance
of a plaque by an
officer of an executive
branch agency. (AOR-44)







Summary of Opinion
As a general rule, the
receipt of a plaque could
not be reasonably regarded
as pecuniary advantage and
is therefore not a benefit
for purposes of Chapter
36 of the Penal Code.







EAO-37. Whether a
corporation may send a
notice to its employees
advising them of an upcoming
election and including questions
and answers about voting.
(AOR-48)







Summary of Opinion
An expenditure on a nonpartisan
notice to inform employees
about an election and
encouraging people to register
to vote is not a
political expenditure because it
is not made in connection
with a campaign for an
elective office or on
a measure, nor is it
an officeholder expenditure. Therefore
a corporate expenditure to
provide such a notice
is not prohibited by
the Election Code.







EAO-38. Whether an
incorporated trade association
sponsoring a convention may
offer registrants two payment
options: either to pay
the trade association or
to pay a lesser amount
to a political committee.
(AOR-49)







Summary of Opinion
An incorporated trade association
may not give individuals
the option of making
a payment for registration
at a convention to a
political committee rather than
to the trade association.
There would be exceptions
to this rule for contributions
to a political committee
for supporting or opposing
measures exclusively or for
expenditures to finance the
establishment or administration
of a general-purpose committee.







EAO-39. Time frame
in which a person must
register as a lobbyist
once he has engaged in
activity requiring registration.
(AOR-50)







Summary of Opinion
A person who receives
compensation for communicating
directly with members of
the legislative or executive
branch to influence legislation
or administrative action is
required to register not
later than the fifth
day after the date on
which the person or the
person's employee makes the
first direct communication that
gives rise to the registration
requirement.







EAO-40. Whether a
legislator is required to
register as a lobbyist
if he communicates with
the officers and employees
of a regulatory agency
but neither receives compensation
nor expends any money.
(AOR-53)







Summary of Opinion
A legislator who received
no compensation or made
no expenditures in connection
with communications to agency
officers or employees in
regard to a pending permit
application would not be
subject to registration or
reporting under Chapter 305
of the Government Code.







EAO-41. Whether a
legislator may provide legal
services to a special-purpose
district. (AOR-54)







Summary of Opinion
The statutes amended by
Senate Bill 1 of the
72nd Legislature do not
prohibit a legislator form
accepting employment from a
special district.







EAO-42. expenditures
of public funds to compensate
or reimburse the expenses
of a person who communicates
with a member of the
legislative branch to influence
legislation. (AOR-62)







Summary of Opinion
The Government Code, sec.305.026(a)
requires reporting of any
expenditure of public funds
during a calendar year
to compensate or reimburse
the expenses over $50
of any person for the
purpose of communicating directly
with a member of the
legislative branch to influence
legislation. For purposes of
sec.305.026(d), the charter,
by-laws, or other organizational
rules of an association
would determine what type
of political subdivision is
eligible for membership in
the statewide association. A
person employed by a
statewide association may be
excepted under subsection (c)
regardless of the percentage
of the eligible political
subdivisions that make up
its membership.







EAO-43. Lobby registration
requirements of corporation employees
who research and analyze
proposals concerning matters to
be considered by the
legislature. (AOR-65)







Summary of Opinion
A person who does not
communicate with a member
of the legislative or
executive branch is not
required to register as
a lobbyist, even if that
person is compensated to
perform work for someone
else who communicates with
members of the legislative
or executive branch to
influence legislation or administrative
action. If a person communicates
directly with a member
of the legislative or
executive branch to influence
legislation or administrative action,
however, the time that
person spends on activities
such as conducting research
to prepare for the communication
is included in calculating
whether the registration threshold
has been met and in
calculating the amount of
compensation that must be
reported.


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.





Issued in Austin, Texas, on July 30, 1992.


TRD-9210502



Sarah Woelk


Director, Advisory Opinions


Texas Ethics Commission





Filed: July 23, 1992


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


   
   











Opinion Requests





AOR-87. The Texas
Ethics Commission has been
asked to consider the
following questions about the
situation described below:


1. Can a member or employee of the executive or legislative
branch accept and be awarded a prize if he/she has paid their
own registration fee?


2. Is it the responsibility of the registered lobbyist who
would be present at the tournament to report this prize as an
expenditure?


3. Can a member or employee of the executive or legislative
branch be eligible to win a door prize if he/she has paid their
own registration fee?


4. If a state employee participating in the tournament had
taken the day off from work, would the same reporting procedures
still be required?







AOR-88. The Texas
Ethics Commission has been
asked to consider whether
the Texas Low-Level Radioactive
Waste Disposal Authority is
a "regulatory agency" for
purposes of Texas Civil
Statutes, Article 6252-9b, 
sec.7A(b), and related questions.







AOR-89. The Texas
Ethics Commission has been
asked to consider whether
Chapter 305 of the Government
Code prohibits a registered
lobbyist from paying for
transportation an lodging for
a legislator if the legislator
subsequently reimburses the registrant.
The requestor asks what
method is to be used
to calculate the value
of lodging.







AOR-90. An organization
has asked whether its
production and distribution of
a newsletters requires its
member-volunteers to register as
lobbyists under Chapter 305.
The newsletter contains information
about legislative members. The
organization would like to
sell the newsletter to
non-members.







AOR-91. The Texas
Ethics Commission has been
asked whether lobbyists may
pay part of the expenses
of a banquet to which
members of the legislature
are invited and, if so,
how the expenditures are
to be reported. A social
organization sponsors the banquet.
Members of the legislature
buy tickets to attend
the banquet. In the past,
lobbyists have made contributions
to cover part of the
expenses.







AOR-92. The Texas
Ethics Commission has been
asked whether members of
the board of directors
of a municipal utility
district and members and
employees of river authorities
are "members of the executive
branch" under Chapter 305
of the Government Code.


Questions on particular submission 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 30, 1992.


TRD-9210501



Sarah Woelk


Director, Advisory Opinions


Texas Ethics Commission





Filed: July 23, 1992


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