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In 1998, Goodman and his wife together bought an Austin condo to use during legislative sessions.

Since 1991, Representative Toby Goodman of Arlington has served his constituents in Austin. The Republican is running again, but now is being accused of misusing campaign funds.

“I would imagine the people of District 93 would want to know that what's happened with the money they've given him in contributions,” said Ed Ishmael, of the Democratic group TexVac.

Under the law, campaign contributions can't be converted to personal use, can't be used to buy real estate, or make payments on a real estate loan. But a Democratic group says he's doing just that.

In 1998, Goodman and his wife together bought an Austin condo to use during legislative sessions. But a few months later, put the property in his wife's name. Goodman used campaign funds to pay rent and condo dues to his wife. That's allowed if the property is hers’, free and clear.

But documents show Toby Goodman's name was still on the loan.

Ishmael is filing a complaint with the Texas Ethics Commission. “He was still liable on the note. So he was still getting a benefit from these rental payments being paid to his wife,” said Ishmael.

Goodman says, other lawmakers do this, and he checked beforehand with the ethics commission. “If they're going to file an ethics complaint on me, then they're going to have to file it on a lot of other people,” said Goodman. “The fact that I would still remain liable on the note, gives me no interest in the property.”

In 2004, Goodman and his wife bought a new place in Cedar Park, and switched it to his wife's name the next day, and has paid her rent from campaign funds, which poses another problem.

The election code only allows lawmakers to use campaign funds for rent in Travis County, where the Capitol is located. Cedar Park is in Williamson County to the north. Goodman believes the Ethic's Commission will see it his way.

“The only reason I'm down there is that I'm in the Legislature,” said Goodman.

In all, more than $107,000 in campaign funds was paid in rent. But the Ethics Commission says this is a gray area, and unfortunately, a ruling will not likely come until well after the election.

E-mail cheinbaugh@wfaa.com