Case Information
*1 November 21. 1975 The Honorable Dolph Briscoe Opinion No. H- 743 Governor of the.State of Texas
State Capitol Building Re: Whether contributions Austin, Texas 78711 the expenses
Governors Conference must be reported as campaign contri- Dear Governor Briscoe: butions or lobby expenditures.
You have requested our opinion regarding whether contributions defray of the Southern Governors Conference must be reported as, campaign contributions or as lobby expenditures. We answered this question in the negative in Attorney General Opinion H-252 (1974). Since that Opinion was issued, the Legislature hae amended the relevant statutes, the *Lobby Act, article 6252-9~. V. T. C. S., and Chapter 14 of the Texas Election ,Code. Acts 1975, 64th Leg,, ch. 550, p. 1811; ch. 711, p. 2257.
We are satisfied that the conclusions reached in Attorney General Opinion H-252 are correct. Furthermore, you state that the factual situation described in your earlier request remains applicable. Speci- fically you indicate that;
. . . the 43rd Southern Governors’ Conference will be totally organized and administered by a Host ,State Committee made up of men and women from throughout Texas and comprising both the public and private sectors. All contributions collected by the Host State Committee will be used to defray of the Conference, or, if contributions remain, will revert to the parent organization, Councilof State Governments. In no event will any contributions be made to me personally or to my office and I will engage neither in the solicitation for contributions or receiving of same.
. V .
The Honorable Dolph Rriscoe,
The purpose of the Host State Committee
is to act on behalf of the state of Texas in
all stages of the Conference including
the raising and expending of funds, hiring
and fiking of salaries of contract employees
and determining the site and’particulars of
the meeting. I do not serve as a member
of this Committee nor do I reserve authority,
to supervi’se the Committee after having
named the chairman of it. Moreover,
Host State Committee is an autonomous
group and independent in all particulars.
I would further state that the Southern
Governors’ Conference is a voluntary
association of jurisdictions made up of
some 18 states and territories from through-
out the south, southeast and southwest
regions of the United States. It is a creature
of the National Goverpbrs’ Conference which
is ‘in turn organized under the auspices
the Council of State Governments. In abso-
Iutely no way can any of the activities of the
Southern Governors’ include
assistance of any nature to any particular
officeholder in the discharge of his duties:
rather, the purpose of the Soutlwrn is the furtherance
of regional interest anti understanding. The only significant staLu:ory adtlit;on made ‘by the 6%h Legisiature w’hich is pertinent to this inqu”y is an amplified definition oi “contribiltion. ” Tne definition of “contribution” was previously limited to:
any advance,
contract or obligation, whether enforceable any funds, or any thing of value to sermces,
any candidate or political committee
.involved in an election.
Elect ion Code, art. 14.01(c). *3 (II-7431 page. 3
“Contribution” now includes:
zany advance, services or anything of value or
creation of any contract or obligation, enforceable
‘any funds, goods, services or anything
of value to any office-holder for the purpose of assisting such person in the performance of duties or activites in connection with the office which are nonreimbursable by the state or political subdivision.
Election Code, art. 14.01(D). In view of y,our factual ,statemcnt and particularly that part in which you recite that “[i]n no event will any contribution be made to [you] ‘personally or to [your] office” and in light of the nature of the organization as a branch of the Council of State Governments, it is our opinion that the expanded defini,tion of “contribution” was not intended to bring contributions to defray the ‘expe’nses of the Southern Governors’ under the umbrella the amended statute.
In summary, we believe Attorney General Opinion H-252 continues to be a correct statement of the law notwithstanding recent amendments article 6252-9~ and Chapter 14 of the Texas Election Code. We thus con- clude that under the facts you have submitted and under the guidelines set out in Attorney General Opinion II-252 (1974). contributions of the Southern need not be reported and the persons who make such contributions as campaign contributions, are not thereby subject to the Lobby Act:
SUMMARY Contributions to.defray
Governors’. Conference and not made directly or indirectly to any office holder need not be reported as campaign contributions, and the persons who make such contributions are not thereby subject to the Lobby Act. ‘cry truly yours, Altorncy Gcncral oi Texas *4 , v
APPROVED: ‘,
C. ROBERT HEATH, Chairman
Opinion Committee