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March 6, 1974

The Honorable Adolph Briecoe Governor of Thxas State Capitol Building Au&in, T.exae 78711 Opinion No. H- 252 Re: Whether individual or corporate contributione to expeneee of National Council of Governments, Texas Southern Covernore’ Conference, violates the provieionr of Art. 14.01Election Code or Art. 6252-9~ V.T. C.S. 7 Dear Governor Briecoe: You have aeked thie office to determine if any provirione ofthe “Lobby Act” of 1973or of the Campaign Reporting and Dieclorure Act of 1973apply to contributione by corporrtionr or individual6 tothe expenrer ofthe Southern Governorb’ Conference which will be eponeored by Texao in 1974. You have explained that all contributions will either be used to defray the expensem of the Conference or, if any contributione remain, will revert to the parent organization-the Council ofState Governments. In any event, nocontributi?ne will be made to you personally or to your office, rather contributione will be collected and dieburred by the Executive **Hoot** Committee of the 1974 Conference. We do **not** believe that a contribution by an individual or corporation to defray the expenee ofthe Conference ie subject to the campaign reporting provieione of Chapter 14of the Election Code. Thore provieione control contributione that are made in opporition to or on behalf of a nominee, candidate or meaeure at a public election. The Southern Governore’ Conference ir certainly not apublic election nor, in our opinion, would your participation be coneidered part of a campaign for public office. In fact, the Internal

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p. 1179The Honorable Dolph Briscoe, page 2 (H-252)

Revenue Service, under similar circumstances, has ruled that money expended by aState in “hosting” a Governors IConference is for an exclusively public purpose. Revenue Ruling 69-459. Similarly, our opinion is that individuals and corporations contributing tothe,Conference do not have to register as lobbyists or report their contributions under Article 6252-9~. V.T. C.S., the Lobby Act, so long as the contribution is not made “to influence legislation”
. Legislation is defined by theAct to mean ‘Iabill, 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 ofaction by a constitutional convention. ” Article 6252-9~; 02(2). The Lobby Act, as a penal statute, is carefully drafted 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 1states the policy of the Lobby Act tobe the public disclosure of activities and expenditures made to urge “specific actions” with re,spect to legislation. Inour opinion contributions to defray expenses of the Southern Governors’ Conference, and used exclusively for such non-campaign expenses, are not covered by the provisions of the Campaign Reporting and Disclosure Act of 1973. Nor would such contributions, when unattended by direct communcation for the.purpose of influencing legislation, be considered lobbying expenditures or activities for purposes ofArticle 6252-9~. SUMMARY Contributions to defray the **ekpenses** ofthe Southern Governors’ Conference to be hosted by Texas in 1974are not subject to the campaign reporting provisions of Chapter 14of the Election Code, nor are the persons who make them subject to the Lobby Act.

p. 1180The Honorable Dolph Brircoe, page 3 (H-252)

APPROYEk

.‘; \,,\ !-\. ‘\ LARRY m YORK, irk Aeeie



# .u DAVID M. KENDALL, Chairman Opinion Committee

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