May 7. 1974 

The Honorable William K. Wilder 

County Attorney 

Jackson County 

115 W. Main 

P. 0. Box 88 

Edna, Texas 77957 

Dear Mr. Wilder: 

Opinion No. H- 297 

Re: Whether county judge, 

county commissioner, 

manager of river authority and county attorney 

are required to register 

under Article 6252-9c, 

V. T. C.S. 

Article 6252-9~. Vernon’s Texas Civil Statutes, (Acts 1973, 63rd Leg., 

ch. 422, p. 1096) is an act designed to regulate efforts to influence legislative 

action through lobbying. It requires registration by those so engaged but exe members of the judicial, legislative and executive branches. [$3(b)T 

The Act, in § 2. defines “legislative branch” and “executive branch” 

in a restricted manner. It does not define “judicial branch. ” 

~. You have asked whether a county judge, county commissioner, the 

General Manager of a’ river authority and the county attorney are required 

to register. 

We limit our answer to the obligation of those persons to register for 

activities related to and within the scope of their authority as public officials. 

If they were to act in other capacities they may be required to register. 

In the absence of a definition in t&act of “judicial” we must assume 

that it was intended to encompass all those offices falling under Article 5 of 

the Constitution, the Judicial Article, including not only judges of the usual 

trill and appellate courts, but also county judges (5 15), county commissioners 

($18) and county attorneys ($ 21). S&e State v. Moore, 57 Tex. 307 (1882) and 

Attorney General Letter Advisory No. 55 (1973). 

p. 1381 
The Honorable William K. Wilder, page 2 (H-297) 

We hold, therefore, that those named members of the judicial branch 

are not required to register under the provisions of 5 3(b) of Article 6252-9c, 

V.T.C.S.. the Lobby Control Act. 

Whether the general manager of a river authority must register depends 

upon whether he is a member of the executive branch, defined in $2(4) as “an 

officer, officer-elect, candidate for, or employee of g state agency, dspartment, or office in the executive branch of government. ” (emphasis added) 

The particular authority about which you inquire is the Lavaca-Navidad 

River Authority authorized by 5 29 of Article 16 of the Constitution and created 

by statute found as Article 8380-131, V. T. C. S., both of which declare the 

Authority to be a “governmental agency and body politic and corporate, with 

the powers of government and with the authority to exercise the rights, privileges, and functions” conferred upon it by law. Clearly those functions are 

executive in nature and whether the general manager of the Authority is exempt 

from the Lobby Control Act registration requirement depends upon whether 

the Authority is a “state agency, department, or office” inthat branch. 

In other contexts “state agency!’ may be limited to those agencies exercising powers state-wide. See, for example, the definition of the Ethics Act, 

Article 6252-9b, $ Z(8). On the other hand, school districts, for example, have 

been held to be state agencies. Love v. City of Dallas, 40 S. W. 2d 20 (Tex. 

1931); National Surety Corporation v. Friendswood Inc. School District, 433 

S. W. 2d 690 (Tex. 1968); Attorney General Opinion H-104 (1973)‘. It is our 

opinion therefore that “state agency” applies ’ to governmental bodies exercising the powers of the State including the Lavaca-Navidad River Authority, 

and that the general manager of that district is excepted from the registration 

requirements of 5 3 of Article 6252-9c, V. T; C. S. 

SUMMARY 

Article 6252-9c, V. T. C. S., excepts from the 

requirement that persons seeking to communicate 

directly to ‘influence legislative action must register, 

county judges, county commissioners, county attorneys 

p. 1382 
The Honorable William K. Wilder, page 3 (H-297) 

and general managers of conservation districts created 

under Article 16, $59, of the Texas Constitution. 

Very truly yours, 

Attorney General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1383