Untitled Texas Attorney General Opinion ( 1974 )

T~GATTORNEY GENERAL
OF ITEIXAS
Au~TxN.T-~ 787ll
December 27, 1974
The Honorable Dolph Briscoe Opinion No. H- 486
Governor of the State of Texas
Capitol Building Re: Reporting requirements
Austin, Texas 78711 of contributions to the
Inaugural Committee
Dear Governor Briscoe:
You have asked whether the provisions of the Lobby Act of 1973, article
6252-9c,V.T.C.S.. or the Campaign Reporting and Disclosure Act of 1973,
Chapter 14 of the Election Code, apply to contributions to the Austin Inau-
gural Committee made by corporations or individuals.
You explain that contributions will be used to defray expenses of the
.Inauguration of the Governor and Lieutenant Governor, neither of whom
will be allowed to utilize any of the funds for their private or political
benefit.
This office considered the same question with regard to contributions
made to defray expenses of the Southern Governors’ Conference in Attorney
General Opinion H-252 (1974). We there stated that:
We do not believe that a contribution by an
individual or corporation to defray the expense
of the Conference is subject to the campaign
reporting provisions of Chapter 14 of the Election
Code. Those provisions control contributions that
are made in opposition to or on behalf of a nominee,
candidate or measure at a public election. The
Southern Governors’ Conference is certainly not
a public election nor, in our opinion, would
your parti<:ipation be considered part of a cam-
paign for public office.
p. 2205
’ _ -
The Honorable Dolph Briscoe, page 2 (H-486)
Contributions to the Austin Inaugural Committee similarly are
not made in opposition to or on behalf of a nominee, candidate or
measure at a public election. We also do not believe that the Inau-
guration is part of a campaign for public office. Webster6 New
International Dictionary, 2d Ed. defines “campaign” in connection
with politics as:
. 0 . an organized series of operations or
a systematic effort to influence voters, etc.,
carried on before an election or the like . . .
In our opinion, the Inauguration is not within the definition of
“campaign. ” Therefore, contributions made to the Austin Inaugural
Committee are not subject to the reporting provisions of Chapter 14
of the Election Code.
It is also our opinion that individuals and corporations contributing
to the Austin Inaugural Committee do, not have to register as lobbyists
or report their contributions under article 6252-9c, V. T. C. S., the
Lobby Act, so long as the contribution is not made “to influence legis-
lation.” As we stated in Attorney General Opinion H-252 (1974).
a . . Legislation is defined by the Act to mean ‘a
bill, resolution, amendment, nomination, or other
matter pending in either house ,of the legislature:
any other matter which may be the subject of
action by either house , . . . or any matter pending
in or which may be the subject of action by a con-
stitutional convention. ’ Article 6252-9~. § 2(2).
The Lobby Act, as a penal statute, is carefully
d,rafted to reach only those persons who make
contributions or expenditures for ‘communicating
directly’ with one or more members of the Legis-
lative or Executive branches to influence legislation.
Section 1 states the policy of the Lobby Act to be the
public disclosure of activities and expenditures made
to urge ‘specific actions’ with respect to legislation.
p. 2206
The Honorable Dolph Briscoe, page 3 (H-486)
SUMMARY
Contributions made by corporations or individuals
to the Austin Inaugural Committee are not subject to
the campaign reporting provisions of Chapter 14 of
the Election Code, nor are the persons or corporations
who make them subject to the Lobby Act, article 6252-9~.
V. T. C. S.
Very truly yours,
(/ Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
p. 2207