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« Legislative News Ethics Commission Advisory Opinion Raises Serious Concerns for Officeholders
A recent advisory opinion issued by the Texas Ethics Commission (Ethics Advisory Opinion No. 484) raises questions regarding whether elected officeholders, including elected county officials, may have their transportation, meals and lodging expenses paid for or reimbursed by a corporation or labor organization in return for addressing an audience or participating in a seminar when the reason they are asked to participate is their public positions or duties.
The entire opinion may be viewed here: http://www.ethics.state.tx.us/opinions/484.html. The following language is a reprint of the summary as stated and contained in the four-page opinion:
Anytime an officeholder benefits from money spent by a corporation or labor organization, a fact question arises as to whether the corporation has given a thing of value to the officeholder for purposes of one of the laws under the Ethics Commission’s jurisdiction. Pursuant to Title 15 of the Election Code, an elected officeholder may not accept transportation, meals, and lodging from a corporation or labor organization in return for addressing an audience or participating in a seminar if the officeholder’s services are in connection with his or her duties or activities as an officeholder. This advisory opinion is intended to provide guidance for future activity and not intended to criminalize past activity.
Elected county officials should consult with their local district and/or county attorneys prior to accepting, or agreeing to accept, reimbursement payments for expenses such as transportation, meals and lodging.
TAC will add supplemental postings to this notice and on the subject of the opinion as matters develop.
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