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 ofthe 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 ofthe 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 14of the Texas Election ,Code. Acts 1975, 64th Leg,, ch. 550, p. 1811;ch. 711, p. 2257. We are satisfied that the conclusions reached inAttorney 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 aHost ,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 noevent will any contributions be made to me personally or to my office and Iwill engage neither in the solicitation for contributions or receiving of same.

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

The purpose ofthe Host State Committee is to act on behalf of the state of Texas in all stages ofthe Conference including the raising and expending offunds, hiring and fiking of salaries of contract employees and determining the site and’particulars of the meeting. Ido not serve as amember ofthis Committee nor do I reserve authority, to supervi’se the Committee after having named the chairman ofit. Moreover, the Host State Committee is an autonomous group and independent in all particulars. Iwould further state that the Southern Governors’ Conference is a voluntary association ofjurisdictions made up of some 18states and territories from throughout the south, southeast and southwest regions ofthe United States. It is a creature ofthe National Goverpbrs’ Conference which is ‘in turn organized under the auspices of the Council ofState Governments. In absoIutely noway can any ofthe activities ofthe Southern Governors’ Conference include assistance of any nature to any particular officeholder in the discharge ofhis duties: rather, the purpose ofthe Soutlwrn Governors’ Conference is the furtherance of regional interest anti understanding. The only significant staLu:ory adtlit;on made ‘bythe 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. 3157The 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 ofany contract or obligation, enforceable or unenforceable, to transfer

‘any funds, goods, services or anything ofvalue to any office-holder for the purpose ofassisting 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 ofy,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 ofthe nature ofthe organization as abranch of the Council ofState Governments, it is our opinion that the expanded defini,tion of “contribution” was not intended to bring contributions to defray the ‘expe’nses ofthe 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 ofthe law notwithstanding recent amendments to article 6252-9~ and Chapter 14ofthe 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 ofthe 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

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

APPROVED: ‘,

C. ROBERT HEATH, Chairman Opinion Committee

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