# THEATTORNJZYGENEICAL OFTEXAS AURTIN. Txx~s 78711
April 26, 1974
The Honorable William T. Moore Opinion No. H- 286 Chairman, State Affairs Committee Texas State Senate ke: May press accompany candidates Capitol Building on campaign travels with transAustin, Texas portation provided by the candidate? Dear Senator Moore: On behalf of the Senate Committee onState Affairs, you have requested our opinion as towhether members of the press may accompany a candidate onhis campaign travels using modes oftransportation provided by the candidate or a political committee. The Campaign Reporting and Disclosure Act of 1973(Acts 1973,63rd Leg., ch. 423, p. 1103) amended Article 14.03 of the Election Code,V.T.CS, so that it now reads: “No candidate,, political committee, campaign manager or assistant campaign manager shall himself or by any other person, directly or indirectly, make or authorize any other person to make any campaign expenditure except for the following purposes only, to wit:

“(a) For the traveling expenses of the candidate, campaign manager, or assistant campaign managers, or ofa secretary for such candidate.

“(b) The payment offees or charges for placing the name of the candidate upon the ballot, and for holding and making returns ofthe election.

p. 1332The Honorable William T. Moore, page 2(H-286)

“(c) The hire ofclerks and stenographers and the cost of clerical and stenographic work.

“(d) Telegraph and telephone tolls, postage, freight and express charges.

“(e) Printing and stationery.

“(0 Procuring and formulating lists ofvoters, making canvasses ofvoters, and employing watchers.

“(g) Office rent.

‘l(h) Newspaper and other advertising and publicity.

“(i) Advertising and holding political meetings, demonstrations, and conventions, and payment of speakers and musicians therefor.

‘l(j) Employing as counsel attorneys licensed in this State and expenses of election contests and recounts.

“(k) For the traveling expenses and salaries of all necessary campaign staff in the lawful execution of their duties. “Any campaign expenditure by any candidate o.r political committee, campaign manager or assistant campaign manager, except for the above purposes is expressly prohibited and declared tobe unlawful. ” Most ofthe expenditures authorized byArticle 14.03 have been authorized since enactment ofthe first statute regulating the expenditure of campaign funds (Acts 1919, 36th Leg., ch. 88, p. 139. formerly, Article 3170, Vernon’s Texas Civil Statutes). In 1919, theAct authorized expenditures:

p. 1333The Honorable William T. Moore, page 3 (H-286)

“1.For thetraveling expenses ofthe candidate, or ofhis campaign manager or assistant campaign manager as defined by this Act or ofa secretary for such candidate.

“2. The payment offees or charges for placing the name of the candidate upon the primary ballot, and for holding and making returns ofthe election.

“3. The hire of clerks and stenographers and the cost of clerical and stenographic work and ofaddressing, preparing and.mailing campaign literature.

“4. Telegraph and telephone toUs, postage, freight, and express charges.

“5. Printing and stationery. 

# “6. ,Procuring and formulating lists ofvoters.

“7. Headquarters of [sic] office rent.

“8. Newspaper and other advertising and publicity.

“9. Renting ofhalls or providing palaces for public meetings and all expenses ofadvertising and other expenses usually incident toholding such meetings. The Election Code, as adopted in 1951 (Acts 1951, 52nd Lg., ch. 492, p. 1097). repeated basically the same nine types of expenditures with some relatively unimportant changes and added a subparagraph (j) authorizing the employment ofattorneys as counsel and the paying of the expenses of election contests (p. 1189). There was no other amendment until theAct of 1973 which we have quoted earlier adding the traveling expenses and salaries ofall necessary campaign staff.

p. 1334The Honorable William T. Moore, page 4(H-286)

Ofall ofthe provisions, the one, if any, which would authorize a candidate to expend his funds tofurnish transportation to members ofthe press would be subparagraph (h) “Newspaper and other advertising and publicity. ” This particular provision has never been the subject of reported litigation and we find no prior opinions ofthis office construing it. The question which we must answer is whether an expenditure for publicity would include an expenditure to furnish transportation for members of the press to accompany the candidate. One ofthe definitions of “publicity” is: “the dissemination ofinformation or promotional material especially by the press and other mass media. ” (Webster’s Third International 6lctionary) Were a court to construe this language it would be charged by the Code Construction Act (Article 5429b-2 ofVernon’s Texas Civil Statutes) to give tothe word “publicity” its common usage. Ifpaying for the transportation of newsmen is a means of securing publicity, and we think it is, then we cannot say that it is an unreasonable one. We are ofthe opinion, therefore, that for members ofthe press to accompany the candidate onhis campaign travels by plane, automobile, train or other mode of transportation provided by the candidate or political subcommittee may be a legitimate expenditure of campaign funds for publicity. ~This answer makes it unnecessary for us to answer your second question which was predicated upon a negative answer to the first. SUMMARY Itis a legitimate expenditure of campaign’ funds for I’publicity ” tofurnish transportation to members ofthe press to accompany a candidate onhis campaign travels. Very truly yours, 

# c/ Attorney General of Texas

p. 1335The Honorable William T. Moore, page 5(H-286)

DAVID M. KENDALL, Chairman Opinion Committee

p. 1336