TEXAS ETHICS COMMISSION

ETHICS ADVISORY OPINION NO. 432

April 6, 2001

Whether the mayor of a city may use political contributions to pay the annual fee for a civil engineer’s license. (AOR-477)

The Ethics Commission has been asked to consider whether the mayor of a city may use political contributions to pay the annual fee for a civil engineer’s license.

Title 15 of the Texas Election Code prohibits the conversion of political contributions to the personal use of a candidate or officeholder. Elec. Code § 253.035(a). “Personal use” is defined for purposes of this provision as “a use that primarily furthers individual or family purposes not connected with the performance of duties or activities as a candidate for or holder of a public office.” Id. § 253.035(d). Accordingly, the question presented here is whether the use of political contributions to pay the annual fee for a civil engineer’s license would primarily further the mayor’s individual or family purposes unconnected with the mayor’s official activities.

In a 1995 opinion we considered whether an elected judge could use political contributions to pay state bar dues. Ethics Advisory Opinion No. 245 (1995). Attorneys licensed to practice law in Texas must be members of the state bar and must pay state bar membership dues. Gov’t Code §§ 81.051 - .054, 81.102; id. title 2, subtitle G, app. A, art. III, §§ 2, 3 (State Bar Rules regarding membership and fees). We concluded that a judge or a judicial candidate could use political contributions to pay state bar dues if a license to practice law was a requirement for the office held or sought. Implicit in our conclusion was the view that a candidate or officeholder may not use political contributions to pay a license fee if the license is not required for the office held or sought.

The mayor requesting the opinion does not state that he is required to be a licensed engineer in order to hold the position of mayor. He does state, however, “I believe that in my capacity as Mayor, on more than one occasion I have used my expertise as a civil engineer in my duties.” Given the breadth of a city’s activities, it is doubtless true that an engineering background is sometimes useful to the mayor in the performance of his duties and activities of office, just as a background in law, public health, aviation, or some other profession would be helpful to the mayor of a city. Indeed, almost any educational background is likely to be helpful to someone exercising a leadership role in city government. It is the knowledge, however, not a professional license, that is useful.¹ The license itself allows the actual practice of engineering, which would be of value primarily for the mayor’s personal purposes. See generally V.T.C.S. art. 3271a (Texas Engineering Practice Act). We conclude, therefore, that a candidate or officeholder may not use political contributions to pay a license fee unless the license is required for the office held or sought.

SUMMARY

A candidate or officeholder may not use political contributions to pay a license fee unless the license is required for the office held or sought.

¹ We do not intend to suggest that a candidate or officeholder may use political contributions to pay for general education or to prepare for a possible private career. A candidate or officeholder may use political contributions to pay for education only if the education primarily furthers activities as a candidate or officeholder. See generally Ethics Advisory Opinion Nos. 423 (1999), 267 (1995), 157 (1993).