Untitled Texas Attorney General Opinion ( 1975 )

September 18, 1975
The Honorable Chris Victor Semos Opinion No. H- 696
Chairman
Committee on Business and Industry Re: Ability of a legislator-architect
House of Representatives to contract with various governmental
P. 0. Box 2910 bodies.
Austin, Texas 78767
Dear Mr. Semos:
You have asked our opinion on the type of contracts an architecture firm
may accept when a member of the firm also serves as a legislator. You have
specifically asked about contracts.with cities, school districts, counties, state
agencies, and the federal government.
Article 3, section 18 of the Texas Constitution provides:
. . . nor shall any member of the Legislature be
interested, either ,directly or indirectly, in any
contract with the State, or any county thereof,
authorized by any law pas’sed during the term for
which he was elected.
Accordingly, any contract with the State or’s county must be examined to
determine whether the contract was authorized by any law passed during a term
for which the legislator was elected. A statute authorizing the governmental
body to take the action which is the subject of the contract or appropriating money
to be ,used to fulfill the obligation of the contract would be sufficient to trigger
the prohibition of the constitutional provision. You specifically raise the question
of whether the prohibition extends to estate projects funded entirely by federal
funds. We believe the source of funds in such an instance is immaterial since the
appropriation of the money is sufficient to cause the invocation of the constitutional
provision. Federal funds received by the State are appropriated. Acts 1973, ch.
659, p. 1786 at 2208; Senate Bill 52,64th Leg., 1975 Appropriations Act, title V, $ 10,
p. 3018
The Honorable Chris Victor Semos - Page 2 (H-696)
The language of the constitution forbidding “direct or indirect” interest of
a legislator has been interpreted to prohibit contracts with a legislator’s part-
ner or firm. Attorney General Opinion M-801 (1971).
Contracts with cities, school districts and federal agencies are not prohibited
by article 3, section 18 of the Constitution. However, before any contract is made
the legislator should examine it in light of sections 1 and 8 of articl~e 6252-9b,
V. T. C. S., which provide:
Section 1. It is the policy of the State of Texas
that no state officer or state employ’ee shall have
any interest, financial or otherwise, direct or in-
direct, or engage in any business transaction or
professional activity or incur any obligation of any
nature which is in substantial conflict with the pro-
per discharge of his duties inthe public interest.
To implement this policy and to strengthen the
faith and confidence of the people of Texas in their
state government, there are provided standards of
conduct and disclosure requirements to be observed
by persons owing a responsibility to the people of
Texas and the government of the State of Texas in
the performance of their official duties. It is the in-
tent of the legislature that this Act shall. serve not
only as a guide for official conduct of these covered
persons but also as a basis for discipline of those
who refuse to abide by its terms.’
. . .
Sec. 8’. (a) No st.ate officer or state employee
should accept or solicit any gift, favor, or service
that might reasbnably tend to infl.uence him in the
discharge of his official duties or that he knows or
should know is being offered him with the ‘intent to
influence his official conduct.
(b) No state officer or state employee should
accept employment or engage in any business or
professional activity which he might reasonably
expect would require or induce him to disclose con-
fidential information acquired by, reason of his
official position.
p,. 3019
The Honorable Chris Victor Semos - Page 3 (H-696)
(c) No state officer or state employee should
accept other employment or compensation which
could reasonably be expected to impair his in-
dependence of judgment in the performance of his
official duties.
(d) No state officer or state employee should
make personal investments which could reasonably
be expected to create a substantial conflict between
his private interest and the public interest.
(e) No state officer or state employee should in-
tentionally or knowingly solicit, accept, or agree to
accept any benefit for having exercised his official
powers or performed his official duties in favor of
another.
Whether atransgrcssionof scction 8 has occurred is a question of fact to
be determined by the house of the Legislature of which the individual is a mem-
ber. Attorney General Opinion H-614 (1975); -See Ex Parte Youngblood, 251 S. W.
509,. 510 (Tex. Grim. App. 192 3).
SUMMARY
Neither a legislator nor his firm may con-
tract with the State or a county if the subject
of the contract was authorized or funded by a
Legislature of which the individual was a mem-
ber. Any contract with other governmental
bodies should be examined in light of article
6252-9b, V. T. C,. S.
ery truly yours,
/Y
p. 3020
The Honorable Chris Victor Semos - Page 4 (H-696)
b
Opinion Committee
jad:
p. 3021