TEXAS ETHICS COMMISSION

**Overruled, Modified, Clarified, or Superseded**

ETHICS ADVISORY OPINION NO. 253

February 24, 1995

Whether section 253.034 of the Election Code, which places a moratorium on certain political contributions before and during the regular legislative session, applies to a state district judge. (AOR-283)

The Texas Ethics Commission has been asked to consider whether the moratorium on political contributions during the legislative session applies to state district judges. Statewide officeholders and members of the legislature are prohibited from accepting political contributions during the period that begins 30 days before a regular legislative session and ends on the day the legislature adjourns. That moratorium does not apply to a state district judge since a state district judge is neither a member of the legislature nor a statewide officeholder. See Tex. Const. art. V, § 7 (state is divided into judicial districts from which district judges are elected); Ethics Advisory Opinion No. 234 (1994) (statewide officeholder holds an office that is voted on statewide).

SUMMARY

The moratorium on political contributions during the legislative session does not apply to state district judges.