Uses of Political Contributions Considered in Advisory Opinions
Issued by the Texas Ethics Commission
The Texas Ethics Commission has issued advisory opinions considering specific situations regarding the personal use of political contributions restriction. Below is a brief description of the situations considered in the advisory opinions. If your situation is not on the list, do not assume that it is permissible. If in doubt, call the Ethics Commission Legal Division at 512-463-5800.
Impermissible Use of Contributions |
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Subject |
EAO
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Laundry and dry cleaning expenses (considers IRS standard) |
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Judge's expenses of maintaining residence in city in which court sits; commuting expenses |
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Certain investments, such as the purchase of stock primarily to support a family business or the purchase of an investment instrument (i.e., a work of art) that is displayed in the candidate/officeholder's home; loan of political funds, especially to family |
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Meals in Austin by legislator - not connected with state business |
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Governor's and family's travel on personal trip |
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Expenses of defending lawsuits brought in private professional capacity |
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Expenses of legislator's spouse for social events |
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Family recreation or entertainment |
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Costs attributable to personal use of asset (must apportion car cost) |
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A license fee unless the license is required for the office held or sought |
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Contributions accepted as municipal court judge to campaign for office of statutory county court judge |
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Contribution to a trust fund established for the benefit of an individual to pay for medical needs |
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Permissible Use of Contributions |
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| Subject | EAO | |
Purchase electronic equipment for official use in courtroom or judge's chambers |
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Donation of surplus political contributions to a charity; uses set out in § 254.204, Election Code (relating to Disposition of Unexpended Contributions) |
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Utility bills for legislator's Austin residence |
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Legal expenses in defending a lawsuit to collect campaign loan |
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Spouse traveling to campaign for candidate or in connection with officeholder duties |
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If political asset used for personal use, must reimburse based on reasonable value of personal use |
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Operate and maintain personal asset (i.e. plane) for campaign or officeholder purposes |
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Judge's moving expenses from home city to city in which court sits |
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Donation to a tax-exempt, nonprofit organization serving physically, mentally, and developmentally challenged citizens (officeholder employed in non-executive
position by organization, family member served by organization) |
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Political contributions accepted before 9-1-83 not subject to personal use prohibition |
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Spanish lessons, district with large Hispanic population |
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Surplus funds of deceased officeholder contributed to candidate |
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Purchase, prepare, and mail Christmas cards to constituents |
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Membership in FOI Foundation, holiday lunch and decor, donation to private school fundraiser, and charity luncheons may be officeholder expenses |
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Portrait of retiring county judge for county courthouse |
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Payment of fine for late Title 15 filing |
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Purchase, prepare, and mail congratulatory letters — birth, graduation |
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Expenses in connection with sworn complaint alleging Title 15 violation |
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Responding to grievance filed with State Bar regarding conduct as candidate |
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Investments or loans made with political funds — fact question in each case |
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Furniture for legislator's residence in Austin |
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Meals in Austin by legislator — connected with state business |
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Legislator business and personal phone calls to district (overrules EAO 78) |
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Rent and phone for legislator's Austin residence |
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Legislator's gas, parking, tips, and tolls connected with state business |
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Small gifts (i.e., flags or souvenirs) for volunteers or constituents |
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Mobile phone for candidate or officeholder purposes |
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An unrestricted donation by Governor to state treasury |
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Judge's payment of state bar dues if office requires being licensed |
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Judge's payment to assist in preparation of thesis for masters of law in judicial process |
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| Legislator's payments on condo purchased pre-1992; personal use restrictions apply proportionately to asset purchased in part with political contributions | ||
Legislator's transportation to and from Austin for legislative purposes |
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Salary supplements for state employees (to state for offset or directly to employee) |
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Judge's attendance at legal seminar related to judge's duties of office |
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Waiver of membership fee to unincorporated private club — cannot be used for personal purposes |
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If political asset (i.e., airplane) used for personal use, must reimburse based on reasonable value of personal use |
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Expenses of defending lawsuit filed because of status as a judge |
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Judge's payment from surplus political contributions for continuing legal education |
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Judge's payment for social event sponsored by a bar association if connected with candidate or officeholder activities |
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Purchase furnishings and decorations for Capitol office |
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Legal expenses for investigation of public corruption |
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Damage to property caused while discharging official duties |
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Victory party in conjunction with charity golf tournament |
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Transportation and hotel expenses to attend Congressman's swearing-in ceremony in connection with officeholder or candidate activities (intent) |
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Expenses to lease and furnish residence in district for legislative staff member who lives in Austin |
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Reimbursement with interest allowed for political expenditure from personal funds (see also EAO 391) |
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Travel expenses incurred by legislator's spouse to attend swearing-in ceremony |
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Attendance of spouse at legislative conference to assist legislator in officeholder activities |
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Can correct report filed before 9-12-97 to show intent to reimburse with interest (see also EAO 375) |
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Tuxedo rental by legislator for legislative gala or nonprofit charity event attended as legislator |
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Donation of surplus political contributions by former elected county officeholder to county appraisal district where officeholder now holds public office |
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Contributions accepted as district court judge to campaign for office of court of appeals justice |
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Membership costs in a nonprofit organization, when membership benefits are primarily connected with officeholder activities |
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Asset purchase, operation, and maintenance (overrules EAO 68) |
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Defense against charges of judicial misconduct |
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Payment to niece or nephew for campaign work |
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Donation of unexpended political contribution to any generally recognized affiliate of former officeholder's political party |
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Federal judge's payment of expenditure made in connection with federal office from contributions accepted as Texas judicial candidate or officeholder |
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Entertainment in connection with the position of US Ambassador to a foreign country (former candidate/officeholder) |
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Furnishings for official residence and expenses for holiday staff party in connection with the position of US Ambassador to a foreign country (former candidate/officeholder) |
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Former elected officeholder's payment from surplus political contributions for expenditure made in connection with current non-elected position at state agency |
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Payment by a former candidate and former officeholder to pay legal expenses incurred in connection with a defamation lawsuit he brought in his status as a candidate |
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Payment by an officeholder to reimburse an individual for expenses incurred due to errors made by an officeholder's office |
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Last Revision: January 23, 2012