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. Ethics Advisory Opinions EAO Number 328. The Texas Ethics Commission has been asked to consider whether title 15 of the Election Code, the state campaign finance law, preempts a home-rule city from adopting a campaign finance ordinance. (AOR-365) SUMMARY. The legislature has not preempted the entire subject matter of campaign finance from regulation by home-rule cities. Therefore, a particular provision of a city campaign finance ordinance is preempted by state law only if it is not possible to give effect to both that provision and to the provisions of title 15 of the Election Code. The Texas Ethics Commission does not have jurisdiction to determine whether specific provisions of a city campaign finance ordinance are in conflict with title 15. EAO Number 329. Whether a judgment rendered in favor of a prevailing candidate in a lawsuit authorized under sec.253.131 of the Election Code is "reportable activity" under sec.251.001(11) of the Election Code; whether a donation of legal services to pursue such a lawsuit is reportable. (AOR-367) SUMMARY. An award of damages to a candidate in a lawsuit brought under Election Code sec.253.131 is not a contribution given with the intent to aid the recipient's campaign; nor is the award of damages reportable by the recipient under any other provision of title 15. An individual who provides free legal services to a candidate who brings a lawsuit under sec.253.131 makes a non- reportable political contribution, since the contribution of an individual's personal service is not required to be reported. EAO Number 330. Whether an individual who files an application under chapter 181 or 182 of the Election Code to be considered for nomination at a party convention is required to file a personal financial disclosure statement under sec.572.027(a) of the Government Code and, if so, whether providing notice to the state party chair of an intent to withdraw from consideration by the deadline for filing the personal financial disclosure statement relieves an individual of that obligation. (AOR- 368) SUMMARY. An individual who files an application to be considered for nomination at a party convention under chapter 181 or 182 of the Election Code is a "partisan candidate" for purposes of sec.572.027(a) of the Government Code and is required to file a personal financial disclosure statement by the deadline set out in that section. An individual who notified the party chair by February 12 of his or her intent to withdraw an application for consideration for nomination at a party convention was not required to file a personal financial disclosure statement under chapter 572 of the Government Code. 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 June 21, 1996. TRD-9609042 Karen Lundquist General Counsel Texas Ethics Commission Filed: June 24, 1996