November 21. 1975 

The Honorable Dolph Briscoe Opinion No. H- 743 

Governor of the.State of Texas 

State Capitol Building Re: Whether contributions to defray 

Austin, Texas 78711 the expenses of the Southern 

Governors Conference must be 

reported as campaign contriDear Governor Briscoe: butions or lobby expenditures. 

You have requested our opinion regarding whether contributions to 

defray the expenses of the Southern Governors Conference must be 

reported as, campaign contributions or as lobby expenditures. We 

answered this question in the negative in Attorney General Opinion H-252 

(1974). Since that Opinion was issued, the Legislature hae amended the 

relevant statutes, the *Lobby Act, article 6252-9~. V. T. C. S., and 

Chapter 14 of the Texas Election ,Code. Acts 1975, 64th Leg,, ch. 550, 

p. 1811; ch. 711, p. 2257. 

We are satisfied that the conclusions reached in Attorney General 

Opinion H-252 are correct. Furthermore, you state that the factual 

situation described in your earlier request remains applicable. Specifically you indicate that; 

. . . the 43rd Southern Governors’ Conference will 

be totally organized and administered by a Host 

,State Committee made up of men and women from 

throughout Texas and comprising both the public 

and private sectors. All contributions collected 

by the Host State Committee will be used to defray 

the expenses of the Conference, or, if contributions 

remain, will revert to the parent organization, the 

Councilof State Governments. In no event will any 

contributions be made to me personally or to my 

office and I will engage neither in the solicitation 

for contributions or receiving of same. 

p. 3156 
. V 

. . 

The Honorable Dolph Rriscoe, page 2 (H-743) 

The purpose of the Host State Committee 

is to act on behalf of the state of Texas in 

all stages of the Conference including 

the raising and expending of funds, hiring 

and fiking of salaries of contract employees 

and determining the site and’particulars of 

the meeting. I do not serve as a member 

of this Committee nor do I reserve authority, 

to supervi’se the Committee after having 

named the chairman of it. Moreover, the 

Host State Committee is an autonomous 

group and independent in all particulars. 

I would further state that the Southern 

Governors’ Conference is a voluntary 

association of jurisdictions made up of 

some 18 states and territories from throughout the south, southeast and southwest 

regions of the United States. It is a creature 

of the National Goverpbrs’ Conference which 

is ‘in turn organized under the auspices of 

the Council of State Governments. In absoIutely no way can any of the activities of the 

Southern Governors’ Conference include 

assistance of any nature to any particular 

officeholder in the discharge of his duties: 

rather, the purpose of the Soutlwrn 

Governors’ Conference is the furtherance 

of regional interest anti understanding. 

The only significant staLu:ory adtlit;on made ‘by the 6%h Legisiature 

w’hich is pertinent to this inqu”y is an amplified definition oi “contribiltion. ” 

Tne definition of “contribution” was previously limited to: 

any advance, deposit, or transfer of funds, 

contract or obligation, whether enforceable 

or unenforceable, to transfer any funds, 

goods, sermces, or any thing of value to 

any candidate or political committee 

.involved in an election. 

Elect ion Code, art. 14.01(c). 

p. 3157 
The Honorable Dolph Briscoe, page. 3 (II-7431 

’ 

“Contribution” now includes: 

zany advance, deposit, or transfer of funds, 

goods, services or anything of value or 

creation of any contract or obligation, 

enforceable or unenforceable, to transfer 

‘any funds, goods, services or anything 

of value to any office-holder for the purpose 

of assisting such person in the performance 

of duties or activites in connection with the 

office which are nonreimbursable by the 

state or political subdivision. 

Election Code, art. 14.01(D). 

In view of y,our factual ,statemcnt and particularly that part in which you 

recite that “[i]n no event will any contribution be made to [you] ‘personally 

or to [your] office” and in light of the nature of the organization as a branch 

of the Council of State Governments, it is our opinion that the expanded 

defini,tion of “contribution” was not intended to bring contributions to defray 

the ‘expe’nses of the Southern Governors’ Conference under the umbrella of 

the amended statute. 

In summary, we believe Attorney General Opinion H-252 continues to 

be a correct statement of the law notwithstanding recent amendments to 

article 6252-9~ and Chapter 14 of the Texas Election Code. We thus conclude that under the facts you have submitted and under the guidelines set 

out in Attorney General Opinion II-252 (1974). contributions to defray 

the expenses of the Southern Governors’ Conference need not be reported 

as campaign contributions, and the persons who make such contributions 

are not thereby subject to the Lobby Act: 

SUMMARY 

Contributions to.defray the expenses of the Southern 

Governors’. Conference and not made directly or indirectly 

to any office holder need not be reported as campaign 

contributions, and the persons who make such contributions 

are not thereby subject to the Lobby Act. 

‘cry truly yours, 

Altorncy Gcncral oi Texas 
, v 

. ’ 

The Honorable Dolph Briscoe, page 4 (H-743) 

APPROVED: ‘, 

C. ROBERT HEATH, Chairman 

Opinion Committee 

p. 3159