. 

5 

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. 01 Election Code or 

Art. 6252-9~ V. T. C. S. 7 

Dear Governor Briecoe: 

You have aeked thie office to determine if any provirione of the “Lobby 

Act” of 1973 or of the Campaign Reporting and Dieclorure Act of 1973 apply 

to contributione by corporrtionr or individual6 to the expenrer of the 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 of State Governments. In any event, 

no contributi?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 of the Conference ie subject to the campaign reporting 

provieione of Chapter 14 of 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 a public election nor, in our opinion, would your participation be coneidered part of a campaign for public office. In fact, the Internal 

‘.. 

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

Revenue Service, under similar circumstances, has ruled that money 

expended by a State in “hosting” a Governors I Conference is for an exclusively 

public purpose. Revenue Ruling 69-459. 

Similarly, our opinion is that individuals and corporations contributing 

to the,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 the Act to mean ‘Ia 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~; 0 2(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 1 states the policy of the Lobby Act to be the 

public disclosure of activities and expenditures made to urge “specific actions” 

with re,spect to legislation. 

In our 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 of Article 6252-9~. 

SUMMARY 

Contributions to defray the ekpenses of the 

Southern Governors’ Conference to be hosted by Texas 

in 1974 are not subject to the campaign reporting provisions 

of Chapter 14 of the Election Code, nor are the persons 

who make them subject to the Lobby Act. 

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

APPROYEk 

. ‘; 

\, ,\ !-\. ‘\ 

LARRY m YORK, irk Aeeie 

.u 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1181