Texas Ethics Commission
The Texas Ethics Commission is authorized by Government Code, sec.571.091, to 
issue advisory opinions in regard to the following statutes: the Government 
Code, Chapter 302; the Government Code, Chapter 305; the Government Code, 
Chapter 572; 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-161. Effect of bill amending the Election Code, sec.253,031(b). (SP-1)
Summary of Opinion.
The effect of harmonizing a recent amendment to the Election Code, 
sec.253.031(b), with sec.253.031(c) is as follows: A political committee may not 
knowingly make or authorize a campaign contribution or campaign expenditure that 
in the aggregate exceeds $500 supporting or opposing a candidate for a statewide 
office, the state legislature, the State Board of Education, or a multi-county 
district office in a primary or general election unless the committee's has been 
filed not later than the 30th day before the appropriate day. The effect of 
harmonizing the recent amendment to sec.253.031(b) with sec.253. 037(a) is as 
follows: A general-purpose committee may not knowingly make or authorize 
political expenditure totaling more than $500 unless the committee has filed its 
campaign treasurer appointment not later than the 60th day before the date the 
expenditure is made that causes the total expenditures to exceed $500, and 
accepted political contributions from at least ten persons.
EAO-162. Questions regarding persons who assist a lobbyist and reporting 
requirements for living expenses in Austin.
Summary of Opinion.
The fact that a person is named as an assistant on another person's lobby 
registration does not relieve the assistant of the requirement to register as a 
lobbyist if he independently meets one of the registration thresholds. A lobby 
registrant is not required to report lobby expenditures made by an assistant if 
the assistant is himself registered as a lobbyists and reports the expenditures. 
A registrant who establishes a temporary residence in Austin is not required to 
report expenditures for the registrant's basic living expenses unless the 
expenses are directly connected with communications to influence. Whether an 
expenditure is made in order to communicate to influence is generally a fact 
question.
EAO-163. Whether an incorporated trade association may pay the expenses of 
hosing a meal for the purpose of raising funds for a general-purpose political 
committee.
Summary of Opinion.
An incorporated trade association may finance costs directly connected with a 
fundraiser held for the benefit of a general-purpose committee it assists under 
the election Code, sec.253,100(a), including the cost of meals and invitations, 
for stockholders, members, employees, or the families of stockholders, members, 
or employees of the corporation. Any costs associated with the fundraiser 
attributable to individuals who are not stockholders, members, or employees, or 
families of stockholders, members, or employees of the corporation may not be 
paid from the funds of the corporation. Such costs shall be calculated as the 
actual cost of an individual's attendance at the event, or if actual cost is not 
reasonably
determinable,then the cost shall be calculated as a pro rata share of the total 
cost of the event. Members of a trade association that has not stockholders are 
treated as stockholders for purposes of the solicitation restrictions. If the 
members of such a trade association are themselves incorporated entities, the 
association may also finance the solicitation of contributions to the general-
purpose committee from the stockholders, employees, and the families of 
stockholders and employees of its incorporated members.
EAO-164. Whether a state agency may allow state employees to use state time or 
equipment to look for other employment.
Summary of Opinion.
As a general rule, a state employee would not be serving an agency purpose by 
searching for other employment. An individual state employee who is using state 
resources to search for a new job in a way that has been expressly authorized by 
the agency's board would not, as an individual, be misapplying state property.
EAO-165. How a political committee may incorporate for liability purposes only.
Summary of Opinion.
A political committee that incorporates under the Nonprofit Corporation Act for 
liability purposes only and states that its only purpose for incorporating is to 
accept contributions and make expenditures as a political committee is formed 
for liability purposes only within the meaning of the Election Code, 
sec.253.092. Such an incorporated political committee is not subject to the 
prohibitions generally applicable to corporations under Title 15.
EAO-166. What documents must a candidate , officerholder, or political committee 
file with the Texas Ethics Commission to comply with the Election Code, 
sec.253.032.
Summary of Opinion.
A Texas candidate, officeholder, or political committee that receives 
contributions that exceed $500 in a reporting period must obtain only one 
certified copy of the out-of-state political committee's statement or 
organization filed with the Federal Election Commission during that reporting 
period. A Texas candidate, officeholder, or political committee must obtain a 
new certified cop of the out-of-state political committee's statement of 
organization file with the Federal Election Commission for each reporting period 
in which the Texas candidate, officeholder, or political committee receives more 
than $500 in contributions from the out-of-state committee.
EAO-167. Questions relating to a violation of sec.572.054 of the Government 
Code.
Summary of Opinion.
A former state officer or employee of a regulatory agency covered by the 
Government Code, sec.572.054(b), commits an offense if the former officer or 
employee represents any person or receives any compensation for services 
rendered on behalf of any person regarding a particular matter in which the 
former officer or employee participated during the period of state service or 
employment, either through personal involvement or because the case or 
proceeding was a matter within the officer's employee's official responsibility. 
An agency may refuse to deal with a former officer or employee who attempts to 
represent an individual in violation of the statute, consistent with the due 
process rights of the individuals concerns. Nothing in the statutes the Texas 
Ethics Commission is authorized to interpret directly provides that a state 
officer or employee commits an offense by permitting a prohibited representation 
to take place, or that a person commits an offense by allowing himself to be 
represented in violation of the statute, though the Penal Code, sec.7.02, 
provides for criminal responsibility for the conduct of another under certain 
circumstances.
EAO-168. Whether a general-purpose political committee may use corporate 
contributions to pay for expenses connected with a meeting featuring a speaker 
on topics of interest; whether a general-purpose committee must include the name 
of a corporation in its own name if the corporation designates some individuals 
to serve on the board of trustees of the political committee.
Summary of Opinion.
A corporation may pay the expenses of a forum sponsored by a political committee 
if the content of the forum is unrelated to activities governed by Title 15 of 
the Election Code. The name of a corporation that designates individuals to 
serve on the board of a general-purpose committee must be included in the name 
of the political committee, whether or not the individuals designated by the 
corporation constitute a majority on the board.
EAO-169. Disposition of political contributions after the death of the person to 
who the contributions were made.
Summary of Opinion.
Surplus funds of a decreased officeholder may be contributed to a candidate as 
long as disposition of the funds is permissible under any applicable probate 
laws.
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 September 10, 1993.
TRD-9328781
Sarah Woelk
Director, Advisory Opinions
Texas Ethics Commission
Filed: September 13, 1993