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 of a legislator-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 a legislator. 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 of the Legislature be 

interested, either ,directly or indirectly, in any 

contract with the State, or any county thereof, 

authorized by any law pas’sed during the term for 

which he was 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 a term 

for which the legislator was elected. A statute authorizing the governmental 

body to take the action which is the subject of the contract or appropriating money 

to be ,used to fulfill the obligation of the contract would be sufficient to trigger 

the prohibition of the constitutional provision. You specifically raise the question 

of whether the prohibition extends to estate projects funded entirely by federal 

funds. We believe the source of funds in such an instance is immaterial since the 

appropriation of the money is sufficient to cause the invocation of the 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, 

p. 3018 
The Honorable Chris Victor Semos - Page 2 (H-696) 

The language of the constitution forbidding “direct or indirect” interest of 

a legislator has been interpreted to prohibit contracts with a legislator’s partner or firm. Attorney General Opinion M-801 (1971). 

Contracts with cities, school districts and federal agencies are not prohibited 

by article 3, section 18 of the Constitution. However, before any contract is made 

the legislator should examine it in light of sections 1 and 8 of articl~e 6252-9b, 

V. T. C. S., which provide: 

Section 1. It is the policy of the State of Texas 

that no state officer or state employ’ee shall have 

any interest, financial or otherwise, direct or indirect, or engage in any business transaction or 

professional activity or incur any obligation of any 

nature which is in substantial conflict with the proper discharge of his duties inthe public interest. 

To implement this policy and to strengthen the 

faith and confidence of the people of Texas in their 

state government, there are provided standards of 

conduct and disclosure requirements to be observed 

by persons owing a responsibility to the people of 

Texas and the government of the State of Texas in 

the performance of their official duties. It is the intent of the legislature that this Act shall. serve not 

only as a guide for official conduct of these covered 

persons but also as a basis for discipline of those 

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 in the 

discharge of his 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 in any business or 

professional activity which he might reasonably 

expect would require or induce him to disclose confidential information acquired by, reason of his 

official position. 

p,. 3019 
The Honorable Chris Victor Semos - Page 3 (H-696) 

(c) No state officer or state employee should 

accept other employment or compensation which 

could reasonably be expected to impair his independence of judgment in the performance of his 

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 8 has occurred is a question of fact to 

be determined by the house of the Legislature of which the individual is a member. Attorney General Opinion H-614 (1975); See Ex Parte Youngblood, 251 S. W. 

509,. 510 (Tex. Grim. App. 192 3). 

- 

SUMMARY 

Neither a legislator nor his firm may contract with the State or a county if the subject 

of the contract was authorized or funded by a 

Legislature of which the individual was a member. Any contract with other governmental 

bodies should be examined in light of article 

6252-9b, V. T. C,. S. 

/Y ery truly yours, 

p. 3020 
b The Honorable Chris Victor Semos - Page 4 (H-696) 

Opinion Committee 

jad: 

p. 3021