September 18, 1975

The Honorable Chris Victor Semos Chairman Committee on Business and Industry House of Representatives P. 0. Box 2910 Austin, Texas 78767 Opinion No. H- 696
Re: Ability ofalegislator-architect to contract with various governmental bodies.

Dear Mr. Semos:
You have asked our opinion on the type of contracts an architecture firm may accept when a member of the firm also serves as alegislator. You have specifically asked about contracts.with cities, school districts, counties, state agencies, and the federal government. Article 3, section 18 of the Texas Constitution provides:

. . . nor shall any member ofthe Legislature be interested, either ,directly or indirectly, inany contract with the State, or any county thereof, authorized by any law pas’sed during the term for which hewas elected. Accordingly, any contract with the State or’s county must be examined to determine whether the contract was authorized by any law passed during aterm for which the legislator was elected. A statute authorizing the governmental body to take the action which is the subject ofthe contract or appropriating money to be ,used tofulfill the obligation ofthe **contract** would be sufficient to trigger the prohibition of the constitutional provision. You specifically raise the question ofwhether the prohibition extends toestateprojects funded entirely by federal funds. We believe the source offunds in such an instance is immaterial since the appropriation of the money is sufficient to cause the invocation ofthe constitutional provision. Federal funds received by the State are appropriated. Acts 1973, ch. 659, p. 1786 at 2208; Senate Bill 52,64th Leg., 1975 Appropriations Act, title V, $10,

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The language ofthe constitution forbidding “direct or indirect” interest of alegislator has been interpreted to prohibit contracts with alegislator’s partner orfirm. Attorney General Opinion M-801 (1971).
Contracts with cities, school districts and federal agencies are not prohibited by article 3, section 18 ofthe Constitution. However, before any contract is made the legislator should examine it inlight of sections 1and 8ofarticl~e 6252-9b, V. T. C.S., which provide:
Section 1. It is the policy ofthe State of Texas that no state officer or state employ’ee shall have any interest, financial or otherwise, direct or indirect, or engage inany business transaction or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge ofhis duties inthe public interest. To implement this policy and to strengthen the faith and confidence ofthe people of Texas intheir state government, there are provided standards of conduct and disclosure requirements to be observed by persons owing a responsibility to the people of Texas andthe government ofthe State of Texas in the performance oftheir official duties. Itis the intent of the legislature that this Act shall. serve not only as a guide for official conduct ofthese covered persons but also as abasis for discipline ofthose who refuse to abide by its terms.’

. . . Sec. 8’

. (a) No st.ate officer or state employee should **accept** or solicit any gift, favor, or service that might reasbnably tend to infl.uence him inthe discharge ofhis official duties or that he knows or should know is being offered him with the ‘intent to influence his official conduct. (b) No state officer or state employee should accept employment or engage inany business or professional activity which he might reasonably expect would require or induce him to disclose confidential information acquired by, reason ofhis official position.

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(c) No state officer or state employee should accept other employment or compensation which could reasonably be expected to impair his independence ofjudgment inthe performance ofhis official duties. (d) No state officer or state employee should make personal investments which could reasonably be expected to create a substantial conflict between his private interest and the public interest. (e) No state officer or state employee should intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his official powers or performed his official duties in favor of another.
Whether atransgrcssionof scction 8has occurred is aquestion offact to be determined by the house ofthe Legislature ofwhich the individual is amember. Attorney General Opinion H-614 (1975); See Ex Parte Youngblood, 251 S.W. 509,.510 (Tex. Grim. App. 1923). -
SUMMARY
Neither alegislator nor his firm may contract with the State or a county ifthe subject ofthe contract was authorized or funded by a Legislature ofwhich the individual was amember. Any contract with other governmental bodies should be examined inlight of article 6252-9b, V. T. C,.S.



# /Y ery truly yours,

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Opinion Committee jad:

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