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. Advisory Opinion Request AOR-332. Texas Ethics Commission has been asked to consider whether a member of the Department of Housing and Community Affairs may bid on a project for a developer who may apply for tax credits under the department's tax credit program. Issued in Austin, Texas, on December 22, 1995. TRD-9516770 Karen Lundquist General Counsel Texas Ethics Commission Filed: December 27, 1995 Ethics Advisory Opinions EAO-290 (AOR-324). Whether an article in a magazine published by a nonprofit corporation describing the purposes of the corporation's political committee is a permissible solicitation expense of the corporation under Title 15 of the Election Code. Summary of Opinion. Whether an article in a magazine published by a nonprofit corporation describing the purposes of the corporation's political committee is a solicitation of contributions to the committee is a fact question. If the article is a solicitation, it would be a permissible corporate expenditure if the magazine is sent only to employees or members of the corporation or to the families of employees or members. EAO-291 (AOR-325). Whether a former judge sitting by assignment may use unexpended political contributions to pay for required continuing legal education courses. Summary of Opinion. A former judge sitting by assignment may use unexpended political contributions to pay for required continuing legal education courses. EAO-292 (AOR-327). Application of the revolving door restrictions in Government Code, Chapter 572 to a former commissioner or deputy commissioner of the Texas Health and Human Services Commission. Summary of Opinion. The revolving door statute does not restrict a former commissioner or deputy commissioner of the Texas Health and Human Services Commission from engaging in activities on behalf of persons seeking action from one of the health and human services agencies within the purview of the commission. EAO-293 (AOR-328). Questions about the Penal Code, sec.36.10(a)(3). Summary of Opinion. An agency head may use funds accepted in accordance with the Penal Code, sec.36.10(a)(3) to pay the expenses of moving from one city to the city in which he or she has headquarters as an agency head. The Penal Code, sec.36.10(a)(3) does not place any limitations on the source of the benefits that may be accepted by an agency head under that section. EAO-294 (AOR-329). Whether an officer or employee of a state agency is prohibited by the Penal Code, Chapter 36 from receiving consideration for teaching a course at a state university. Summary of Opinion. The honorarium provision does not prohibit a state officer or employee from accepting payment for teaching a course if the individual was asked to teach because of his expertise and not because of his official status. A state officer or employee may accept payment from a person subject to his agency's regulation or inspection if he has given legitimate consideration for the payment in a capacity other than his official position. EAO-295 (AOR-330). Whether an agency employee who uses work time to work on a lawsuit filed against the agency would be violating the Penal Code, sec.39.02(a)(2). Summary of Opinion. An employee who used state agency work time to work on a lawsuit the employee had filed against the state would be misusing a thing of value belonging to the state. EAO-296 (AOR-331). Whether an officeholder may use political contributions to purchase stuffed and mounted game to display in a Capitol office. Summary of Opinion. Use of political contributions to purchase items to decorate an officeholder's Capitol office is a use connected with officeholder activities and is therefore not a violation of the personal use prohibition. Items purchased with political contributions may not be converted to personal use at the end of an officeholder's tenure in office. Issued in Austin, Texas, on December 22, 1995. TRD-9516771 Karen Lundquist General Counsel Texas Ethics Commission Filed: December 27, 1995