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 on State Affairs, you have requested 

our opinion as to whether members of the press may accompany a candidate 

on his campaign travels using modes of transportation 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 of a secretary for such candidate. 

“(b) The payment of fees or charges for placing 

the name of the candidate upon the ballot, and for holding 

and making returns of the election. 

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

“(c) The hire of clerks 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 of voters, 

making canvasses of voters, 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 to be unlawful. ” 

Most of the expenditures authorized by Article 14.03 have been authorized since enactment of the 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, the Act authorized expenditures: 

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

“1. For the traveling expenses of the candidate, 

or of his campaign manager or assistant campaign 

manager as defined by this Act or of a secretary for 

such candidate. 

“2. The payment of fees or charges for placing 

the name of the candidate upon the primary ballot, and 

for holding and making returns of the election. 

“3. The hire of clerks and stenographers and the 

cost of clerical and stenographic work and of addressing, 

preparing and .mailing campaign literature. 

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

and express charges. 

“5. Printing and stationery. 

“6. ,Procuring and formulating lists of voters. 

“7. Headquarters of [sic] office rent. 

“8. Newspaper and other advertising and publicity. 

“9. Renting of halls or providing palaces for public 

meetings and all expenses of advertising and other expenses 

usually incident to holding 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 of attorneys as counsel and the paying of the expenses of election 

contests (p. 1189). 

There was no other amendment until the Act of 1973 which we have 

quoted earlier adding the traveling expenses and salaries of all necessary 

campaign staff. 

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

Of all of the provisions, the one, if any, which would authorize a 

candidate to expend his funds to furnish transportation to members of the 

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 of this 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 of the definitions of “publicity” is: “the dissemination of information 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 of Vernon’s Texas Civil Statutes) 

to give to the word “publicity” its common usage. If paying 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 of the opinion, therefore, that for members of the press to 

accompany the candidate on his 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 

It is a legitimate expenditure of campaign’ funds for 

I’publicity ” to furnish transportation to members of the 

press to accompany a candidate on his campaign travels. 

Very truly yours, 

c/ Attorney General of Texas 

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

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1336