November 21. 1975
The Honorable Dolph Briscoe Opinion No. H- 743
Governor of the.State of Texas
State Capitol Building Re: Whether contributions to defray
Austin, Texas 78711 the expenses of the Southern
Governors Conference must be
reported as campaign contri-
Dear Governor Briscoe: butions or lobby expenditures.
You have requested our opinion regarding whether contributions to
defray the expenses 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
the expenses of the Conference, or, if contributions
remain, will revert to the parent organization, the
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.
p. 3156
.
V
. .
The Honorable Dolph Rriscoe, page 2 (H-743)
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, the
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 of
the Council of State Governments. In abso-
Iutely no way can any of the activities of the
Southern Governors’ Conference include
assistance of any nature to any particular
officeholder in the discharge of his duties:
rather, the purpose of the Soutlwrn
Governors’ Conference 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, deposit, or transfer of funds,
contract or obligation, whether enforceable
or unenforceable, to transfer any funds,
goods, sermces, or any thing of value to
any candidate or political committee
.involved in an election.
Elect ion Code, art. 14.01(c).
p. 3157
The Honorable Dolph Briscoe, page. 3 (II-7431
’
“Contribution” now includes:
zany advance, deposit, or transfer of funds,
goods, services or anything of value or
creation of any contract or obligation,
enforceable or unenforceable, to transfer
‘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’ Conference under the umbrella of
the amended statute.
In summary, we believe Attorney General Opinion H-252 continues to
be a correct statement of the law notwithstanding recent amendments to
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 to defray
the expenses of the Southern Governors’ Conference need not be reported
as campaign contributions, and the persons who make such contributions
are not thereby subject to the Lobby Act:
SUMMARY
Contributions to.defray the expenses of the Southern
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
, v
. ’
The Honorable Dolph Briscoe, page 4 (H-743)
APPROVED: ‘,
C. ROBERT HEATH, Chairman
Opinion Committee
p. 3159