Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 5,993
5985-6306 p. ; 28 cm.View a full description of this periodical.
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rEXAS 8THICS__________
The Texas Ethics Commission is authorized by the Government Code,
I T I NSMO XSM 571.091, to issue advisory opinions in regard to the following statutes: the
1/ Y iV iiN 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-563: Whether an officer or employee of a political subdivision
may use public funds to advertise and produce an event that uses the
officer's title, such as "Mayor's Fun Run" or "Mayor's Unity Walk."
Whether an officer of a political subdivision may announce, at a public
meeting of the political subdivision that is recorded and broadcast on
an Internet website, that the officer will have a booth at the event where
he or she will distribute merchandise purchased with personal funds.
Whether an officer or employee of a political subdivision may spend
public funds--including the use of paid staff time--to set up tents and
provide tables, chairs, and traffic control for a food distribution event at
which public officials from other governmental entities are present and
distributing personal campaign items purchased with their campaign
funds. (AOR-642)
SUMMARY
Section 255.003(a) does not broadly prohibit political subdivisions
from producing or advertising an event that uses an official's title
in its name. However, such an event that otherwise entails the use
of public funds to support or oppose a candidate or measure would
violate section 255.003(a).
Section 255.003(a) does not prohibit discussion of matters pending be-
fore a governmental body. However, it does prohibit one or more mem-
bers of a governmental body from arranging a discussion of a matter
not pending before the governmental body in the hopes that broadcasts
of the discussion would influence the outcome of an election.
An officer or employee of a political subdivision may not spend public
funds to produce an event for the purposes of providing a place for
public officials to distribute campaign items.
The Texas Ethics Commission is authorized by section 571.091 of the
Government Code to issue advisory opinions in regard to the following
statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Gov-
ernment Code; (3) Chapter 303, Government Code; (4) Chapter 305,
Government Code; (5) Chapter 2004, Government Code; (6) Title 15,
Election Code; (7) Chapter 159, Local Government Code; (8) Chapter
36, Penal Code; (9) Chapter 39, Penal Code; (10) Section 2152.064,
Government Code; and (11) Section 2155.003, 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 September 1, 2021.
TRD-202103508
J.R. Johnson
General Counsel
Texas Ethics Commission
Filed: September 3, 2021EAO-564: Whether a written communication, created by a political
subdivision and related to the political subdivision's special election,
constitutes political advertising for purposes of the Election Code's pro-
hibition against using public funds for political advertising. Tex. Elec.
Code 255.003(a). (AOR-643)
SUMMARY
The specific communication considered in this opinion is not political
advertising for purposes of Section 255.003 of the Election Code be-
cause it is entirely informational and does not include any advocacy.
The Texas Ethics Commission is authorized by section 571.091 of the
Government Code to issue advisory opinions in regard to the following
statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Gov-
ernment Code; (3) Chapter 303, Government Code; (4) Chapter 305,
Government Code; (5) Chapter 2004, Government Code; (6) Title 15,
Election Code; (7) Chapter 159, Local Government Code; (8) Chapter
36, Penal Code; (9) Chapter 39, Penal Code; (10) Section 2152.064,
Government Code; and (11) Section 2155.003, 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 September 1, 2021.
TRD-202103509
J.R. Johnson
General Counsel
Texas Ethics Commission
Filed: September 3, 2021
EAO-565: Whether section 255.003(a) of the Election Code prohibits
officers and employees of a special purpose district from spending
public funds to create and distribute certain written communications.
(AOR-650)
SUMMARY
While section 255.003(a) applies to the requestor, a special purpose
district, it does not prohibit the district's officers and employees from
spending public funds to create and distribute the specific communica-
tions considered in this request because they are entirely informational
and do not include any advocacy.
The Texas Ethics Commission is authorized by section 571.091 of the
Government Code to issue advisory opinions in regard to the following
statutes: (1) Chapter 572, Government Code; (2) Chapter 302, Gov-
ernment Code; (3) Chapter 303, Government Code; (4) Chapter 305,
Government Code; (5) Chapter 2004, Government Code; (6) Title 15,
Election Code; (7) Chapter 159, Local Government Code; (8) Chapter
36, Penal Code; (9) Chapter 39, Penal Code; (10) Section 2152.064,
Government Code; and (11) Section 2155.003, Government Code.TEXAS ETHICS COMMISSION September 17, 2021 46 TexReg 5993
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/11/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.