T~GATTORNEY GENERAL 

OF ITEIXAS 

Au~TxN.T-~ 787ll 

December 27, 1974 

The Honorable Dolph Briscoe 

Governor of the State of Texas 

Capitol Building 

Austin, Texas 78711 

Dear Governor Briscoe: 

Opinion No. H- 486 

Re: Reporting requirements 

of contributions to the 

Inaugural Committee 

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 Inaugural 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 campaign 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 Inauguration 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 legislation.” 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 constitutional 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 Legislative 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