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 Requests AOR-340 The Texas Ethics Commission has been asked to consider how long a local filing authority must preserve reports filed under title 15 of the Election Code. AOR-341 The Texas Ethics Commission has been asked to consider a question about a district judge who began raising funds in June 1995 to run for a position on a higher court in 1996. In October 1995 the district judge decided not to run in the 1996 election. The question is whether the judge may use the funds raised for officeholder expenditures. AOR-342 The Texas Ethics Commission has been asked to consider whether records maintained by an individual in accordance with sec.254.001 of the Election Code are public records. AOR-343 The Texas Ethics Commission has been asked to consider whether the members of the Crime Victims' Institute Advisory Council are required to comply with the requirements of subchapter B of Chapter 572 of the Government Code. AOR-344 The Texas Ethics Commission has been asked to consider whether an officeholder may use political contributions to pay legal expenses incurred in connection with a federal investigation and trial of the officeholder for public corruption. AOR-345 The Texas Ethics Commission has been asked to consider the following questions: May a Board member of the Texas Structural Pest Control Board, appointed as a licensed industry member pursuant to Section 3(a) of Article 135b-6, Texas Civil Statutes: a) Teach re-certification courses required of all licensed certified applicators which must be approved by the Board? b) Consult with licensed structural pest control businesses regarding problems with service which may or may not result in litigation and/or complaints to the Structural Pest Control Board? c) Teach a Board-approved technician training course which has been approved under the provisions of Section 4A of the Structural Pest Control Board and 22 TAC 593.21? d) Teach general technician training courses which assist persons in complying with 22 TAC 593.21, but are not specifically approved or reviewed by the Agency? AOR-346 The Texas Ethics Commission has been asked to consider whether a city police officer in Texas may accept a fee for performing services as an expert fingerprint examiner in a criminal case in Louisiana. AOR-347 The Texas Ethics Commission has been asked to consider the following situation: A judicial candidate has filed a campaign treasurer appointment and a judicial declaration of intent to comply with expenditure limits. The candidate's opponent has not filed a judicial declaration of intent. The candidate asks whether his opponent is a "noncomplying candidate" for purposes of the act. The candidates also asks whether he is required to comply with all of the restrictions in the Judicial Campaign Fairness Act. AOR-348 The Texas Ethics Commission has been asked to consider whether an officeholder may use campaign funds to pay for the damages an individual suffered in an accident in which the officeholder was involved official duties. Neither the officeholder nor the political subdivision the officeholder represents has a legal obligation to pay for such damages. AOR-349 The Texas Ethics Commission has been asked to consider whether a judicial candidate may spend political contributions to hold a victory party in conjunction with a charity golf tournament. AOR-350 The Texas Ethics Commission has been asked to consider whether a legislator may use political contributions to pay rent and maintenance fees for a condominium in Travis County that the officeholder's wife owns as separate property. AOR-351 The Texas Ethics Commission has been asked to determine who is liable for a fine imposed for late filing of a general-purpose political committee's report of contributions and expenditures. AOR-352 The Texas Ethics Commission has been asked whether a member of a state board, who is an "equity member" of a law firm operated as a professional corporation, may act upon a matter coming before the commission involving the financial interests of a client of the law firm. Issued in Austin, Texas, February 9, 1996. TRD-9603434 Tom Harrison Executive Director Texas Ethics Commission Filed: March 11, 1996