Texas Attorney General Opinion: LO97-094 Page: 2 of 2
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The Honorable Steven C. Hilbig - Page 2
individual's personal service is not required to be reported if the individual receives no compensation
for the service. Id. 254.033. The campaign treasurer's service was not a reportable contribution
for 1992 because the treasurer did not and could not, based on the agreement to pay "if and when
sufficient funds are left" in the campaign account, receive any compensation. Even though the
campaign treasurer's service may have been a contribution, it was not reportable and thus, there was
no violation of the Election Code.
An expenditure is defined as "a payment of money or any other thing of value and includes
an agreement made or other obligation incurred, whether legally enforceable or not, to make a
payment." Id. 251.001(6). You relate that the candidate/officeholder reported payments to his
campaign treasurer for "contract services owed for 92 campaign" as expenditures on campaign
finance reports filed in 1993, 1994, and 1995. For reporting purposes, a political expenditure is not
considered to have been made until the amount is readily determinable by the person making the
expenditure. Id. 254.035(a). In this particular situation, the candidate/officeholder made payments
to his campaign treasurer and reported the payments as expenditures when he was able to readily
determine the amount of the expenditures.
SUMMARY
A political contribution consisting of an individual's personal service is
not required to be reported if the individual receives no compensation for the
service. Regardless of whether the service provided by the campaign
treasurer was a contribution or not, it was not a reportable contribution. For
purposes of reporting, a political expenditure is not considered to have been
made until the amount is readily determinable by the person making the
expenditure. Based on the facts presented, the candidate/officeholder did not(L097-094)
I
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-094, text, October 21, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277276/m1/2/?q=%221997~%22&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.