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.

Texas Ethics Commission
Opinions
EAO-126. Whether a lawyer's representation of a client in certain proceedings 
under Board of Pharmacy rules and certain proceedings under Board of Nurse 
Examiner rules may require lobby registration.
Summary. Informal hearings and preconference hearings under rules of the Board 
of Nurse Examiners, 22 T.A.C. sec.213.15 and sec.213.16, are "adjudicative 
proceedings of the type authorized by" APTRA for purposes of the Ethics 
Commission rules regarding lobby registration. Proceedings of the Board of 
Pharmacy that are not adjudicatory are not "adjudicatory proceedings of the type 
authorized by" APTRA.
EAO-127. Whether an employee or a member of the board of trustees of a municipal 
retirement system created under Texas Civil Statutes, Article 6243n may be 
required to register as a lobbyist under Chapter 305 of the Government Code.
Summary. An employee of a municipal retirement system created under Texas Civil 
Statutes, Article 6243n is not an employee of a political subdivision and may 
therefore be required to register as a lobbyist under Chapter 305 of the 
Government Code. EAO-128. Whether committee that advises the Texas Education 
Agency must file financial disclosure statements.
Summary. Members of a committee that advises the Texas Education Agency, 
provided for by sec.2932 of Title 20 of the United States Code, are not required 
to file financial disclosure statements under Article 6252-9b.
EAO-129. Whether an officeholder may use political contributions to pay the 
expenses of operating and maintaining an airplane for officeholder purposes.
Summary. An officeholder may use political contributions to pay the expenses of 
operating and maintaining his personal airplane for officeholder purposes. 
Expenses may be prorated between officeholder use and personal use.
EAO-130. Acceptance of gifts by a state agency, and acceptance of gifts by 
individual officers and employees of a state agency.
Summary. Acceptance of gifts by a state agency is governed by laws that are not 
subject to interpretation by the Ethics Commission. Whether a state employee may 
accept a gift depends on the status of the donor and the donee as well as the 
nature of a gift.
EAO-131. Whether funds given to a political committee to defray the cost of 
hiring a lobbyist must be reported as political contributions under Title 15 of 
the Election Code.
Summary. If funds are given to a political committee with the restriction that 
they be used to hire a lobbyists to work on legislative matters, the political 
commitee is not required to report the funds as a political contribution. If, on 
the other hand, funds are not restricted to uses not regulated by Title 15, the 
funds must be reported as a political contribution. A director of a political 
committee who incurs postage, telephone, and personal travel costs to 
communicate with a legislator about pending legislation is not required to 
register as a lobbyist on the basis of such expenditures. A political committee 
is not required to register as a lobbyist on the basis of postage and printing 
costs incurred to mail requests to supports suggesting they write legislators to 
influence legislation.
EAO-132. Corporate expenditures made to finance the establishment or 
administration of a general-purpose committee.
Summary. Under the Election Code, sec.253.100, a corporation, acting alone or in 
concert with one or more corporations, may finance the administration of a 
general-purpose committee with donations from its own property. Under 
sec.253.100(d), such contributions are not reportable as political contributions 
by the general-purpose committee. However, if an individual makes a contribution 
to a general-purpose committee, specifying that the contribution is to be used 
for administrative expenses only, the general-purpose committee must report the 
donation as it does any other political contribution under Chapter 254 of the 
Election Code. Administrative expenses are those expenses that would be incurred 
in the normal course of business by any active organization, whether or not it 
engaged in political activity. Additionally, a corporation may pay expenses 
incurred by a general-purpose committee for solicitations of contributions to 
the committee from the corporation's stockholders, employees, and their families 
under sec.253.100(b) of the Election Code.
EAO-133. Whether an appellate judge may use political contributions to pay the 
expenses of maintaining a residence in the city in which the court sits, to pay 
the expenses of commuting between his home city and the city where the court 
sits, or to pay the expenses of moving from his home city to the city where the 
court sits.
Summary. An appellate judge may not use political contributions to pay the 
expenses of maintaining a residence in the city in which the court sits. A judge 
may not use political contributions to pay the expenses of commuting between his 
home city and the city where the court sits. A judge may use political 
contributions to pay the expenses of moving from his home city to the city where 
the court sits.
EAO-134. Whether it is a violation of sec.39.01(a)(2) of the Penal Code for a 
state employee to use state-owned telephones and other equipment for personal 
purposes.
Summary. The incidental use of state telephones by state employees to place 
personal local calls that does not result in additional costs or damage to the 
state is not a "misapplication" of state property for purposes of 
sec.39.01(a)(2) of the Penal Code.
EAO-135. Whether certain officers and employees of the Texas State Technical 
College System are required to file annual financial disclosure statements under 
Texas Civil Statutes, Article 6252-9b.
Summary. The chancellor of the Texas State Technical College System must file an 
annual financial disclosure statement. The vice-chancellor, the secretary of the 
board, and the president of each TSTC System campus are not required to file. 
The members of the board of regents of the TSTC System are required to file 
financial disclosure statements.
EAO-136. Whether a lobbyist who invites members of the legislature to his home 
for dinner must report the value of the use of his home.
Summary. A lobbyist who provides a meal to legislators in his home in order to 
communicate to influence legislation is not required to report the value of the 
use of his home.
EAO-137. Where a designated representative of an ex officio nonvoting member of 
the Texas Board of Licensure for Nursing Home Administrators is required to file 
an annual financial disclosure statement.
Summary. A designated representative of an ex officio nonvoting member of the 
Texas Board of Licensure for Nursing Home Administrators is not required to file 
an annual financial disclosure statement.
EAO-138. Whether members of the Commission on Law Enforcement Office Standards 
and Education, the Law Enforcement Management Institute, and the Texas Peach 
Offices' Memorial Advisory Committee are required to file annual financial 
statements under Texas Civil Statutes, Article 6252-9b.
Summary. Members of the Commission on Law Enforcement Officer standards and 
Education and of the Law Enforcement Management Institute are "state officers" 
for purposes of Texas Civil Statutes, Article 6252-9b, and must file annual 
financial disclosure statements as required by that statute. Members of the 
Texas Peace Officers' Memorial Advisory Committee are not required to file 
financial statements.
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 April 8, 1993.
TRD-9321539
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: April 12, 1993
For further information, please call: (512) 463-5800