TEXAS ETHICS COMMISSION

ETHICS ADVISORY OPINION NO. 154

June 24, 1993

Whether the Texas Commission on the Arts is a "regulatory agency" for purposes of the revolving door provision in V.T.C.S. article 6252-9b. (AOR-177)

The Texas Ethics Commission has been asked to consider whether the Texas Commission on the Arts is a "regulatory agency" for purposes of section 7A of article 6252-9b, V.T.C.S. Section 7A contains several "revolving door" prohibitions that restrict the activities of certain former officers and employees of "regulatory agencies."

Section 7A(f)(1) defines a "regulatory agency" as follows:

"Regulatory agency" means any department, commission, board, or other agency that:

(A) is in the executive branch of state government;

(B) has authority that is not limited to a geographical portion of the state;

(C) was created by the constitution or a statute of this state; and

(D) has constitutional or statutory authority to engage in rule making, adjudication, or licensing.

The Commission on the Arts is in the executive branch of state government. See Texas Liquor Control Bd. v. Continental Distilling Sales Co., 199 S.W.2d 1009, 1012-13 (Tex. Civ. App.--Dallas, writ ref'd n.r.e.), appeal dism'd, 332 U.S. 747 (1947). Its authority, which includes the ability to determine eligibility for financial assistance funds, is not limited to a geographical portion of the state. Gov't Code §§ 444.021, 444.024. The commission was created by statute. Id. ch. 444. It also has rulemaking authority. Id. § 444.009. Therefore the Commission on the Arts is a regulatory agency for purposes of section 7A of article 6252-9b, V.T.C.S.

SUMMARY

The Commission on the Arts is a regulatory agency for purposes of section 7A of article 6252-9b, V.T.C.S.