# T~GATTORNEY GENERAL OF ITEIXAS Au~TxN.T-~ 787ll

December 27, 1974 The Honorable Dolph Briscoe Governor ofthe State of Texas Capitol Building Austin, Texas 78711 Dear Governor Briscoe: Opinion No. H- 486 Re: Reporting requirements

ofcontributions to the Inaugural Committee
You have asked whether the provisions ofthe Lobby Act of 1973, article 

### 6252-9c,

V.T.C.S.. or the Campaign Reporting and Disclosure Act of 1973, Chapter 14ofthe Election Code, apply to contributions to the Austin Inaugural Committee made by corporations or individuals. You explain that contributions will beused to defray expenses ofthe .Inauguration ofthe Governor and Lieutenant Governor, neither ofwhom will be allowed to utilize any ofthe funds for their private or political benefit. This office considered the same question with regard to contributions made to defray expenses ofthe Southern Governors’ Conference inAttorney 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 ofthe Conference is subject to the campaign reporting provisions of Chapter 14of the Election Code. Those provisions control contributions that are made in opposition to or onbehalf ofa nominee, candidate or measure at apublic 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.

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The Honorable Dolph Briscoe, page 2 (H-486)

Contributions to the Austin Inaugural Committee similarly are notmade in opposition to or onbehalf ofa nominee, candidate or measure at apublic election. We also do not believe that the Inauguration is part ofa 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 onbefore an election or the like . . . In our opinion, the Inauguration is notwithin the definition of
“campaign. ” Therefore, contributions made to the Austin Inaugural Committee are not subject to the reporting provisions ofChapter 14 ofthe Election Code. Itis also our opinion that individuals and corporations contributing tothe 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 notmade “to influence legislation.” As we stated in Attorney General Opinion H-252 (1974).

a . . Legislation is defined by theAct tomean ‘a bill, resolution, amendment, nomination, or other matter pending in either house ,ofthe 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 ofthe Legislative or Executive branches to influence legislation. Section 1 states the policy ofthe Lobby Act tobe the public disclosure ofactivities and expenditures made tourge ‘specific actions’ with respect to legislation.

p. 2206The 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 ofTexas APPROVED:

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee

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