EAO 557

Because the Commission’s rules exclude from the definition of “contribution” any “transfer for consideration of anything of value pursuant to a contract that reflects the usual and normal business practice of the vendor,” an apparel company providing goods and services to candidates, political parties, and political committees before receiving payment from those purchasing the campaign apparel does not make a political contribution if the company offers the same terms “to political and non-political entities alike.” See Tex. Ethics Comm’n Op. No. 533 (2015); Tex. Ethics Comm’n Op. No. 143 (1993). However, the apparel company’s customers are making political contributions when they purchase the campaign merchandise. Accordingly, any participating candidate, party, or committee would need the apparel company to keep a record of all reportable activity necessary for filing the required reports.