Rules
Adopted

ADOPTED RULES

At its January 14, 2005, meeting, the Texas Ethics Commission voted to adopt the following rules:

Legislative Per Diem
Text of Rule
(Effective February 3, 2005)

Exemption from Requirement to File Lobby Reports Electronically
Text of Rule
(Effective February 7, 2005)
Affidavit For Lobbyist: Electronic Filing Exemption Form

Additional Reporting Requirements for Certain General-Purpose Committees
Text of Rule
(Effective July 1, 2005)

The new language is italicized.

Legislative Per Diem
Text of Rule

§ 50.1.  Legislative Per Diem

(a) The legislative per diem is $128.  The per diem is intended to be paid to each member of the legislature and the lieutenant governor for each day during the regular session and for each day during any special session in 2005.

(b) This rule shall be applied retroactively to ensure payment of the $128 per diem for 2005.

Exemption from Requirement to File Lobby Reports Electronically
Text of Rule

§ 34.91. Exemptions from Electronic Filing.

(a) A registrant is required to file each report by using the Internet to transmit the report, by using a modem without an Internet connection to transmit the report, by delivering a diskette to the commission, or by using computer software provided by the commission, unless the registrant files with the commission an affidavit stating that:

(1) the registrant does not use computer equipment to keep current records of lobby clients/employers;

(2) no person acting as an agent or consultant of the registrant and no person with whom the registrant contracts uses computer equipment to keep current records of the registrant’s lobby clients/employers;

(3) the registrant does not intend to be compensated or reimbursed more than $10,000 for lobby activity in the calendar year covered by the registration;

(4) the registrant was not compensated more than $10,000 for lobby activity in either of the previous two calendar years;

(5) the registrant does not intend to exceed $1,000 on lobby expenditures during the calendar year covered by the registration; and

(6) the registrant did not exceed $1,000 on lobby expenditures in either of the previous two calendar years.

(b) The commission has the discretion to exempt from the electronic filing requirement a registrant who is not eligible to file under subsection (a) of this section if a registrant submits an affidavit to the commission stating the basis for the inability to filing electronically.

(c) A registrant who is eligible to file under subsection (a) of this section must file an affidavit under subsection (a) of this section with a registration filed under Chapter 305 of the Government Code and this chapter.

(d) A registrant who during a calendar year becomes ineligible to file on paper based on the criteria listed in subsection (a) of this section must file electronically beginning on the date on which the next report is due under section 305.007 of the Government Code.

(e) For purposes of this section, “lobby expenditure” means expenditures required to be reported under Chapter 305 of the Government Code and this chapter.

(f) For purposes of this section, a “report” includes any document required to be filed by a registrant under Chapter 305 of the Government Code and this chapter except that it does not include notices and statements required to be filed under section 305.028 of the Government Code.

(g) For purposes of this section, a “report” includes the confidential social security information required to be filed by a lobbyist in compliance with section 231.302(c)(1) of the Family Code.

Additional Reporting Requirements for Certain General-Purpose Committees
Text of Rule

§ 20.433. Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures

(a) Semiannual reports, pre-election reports, and runoff reports must cover reportable activity during the reporting period and must include the following information:

(1) the full name of the general-purpose committee;

(2) the address of the general-purpose committee;

(3) the full name of the general-purpose committee’s campaign treasurer;

(4) the residence or business street address of the general-purpose committee’s campaign treasurer;

(5) the committee campaign treasurer’s telephone number;

(6) the identity and date of the election for which the report is filed, if applicable;

(7) the full name of each identified candidate or measure or classification by party of candidates supported or opposed by the general-purpose committee and an indication of whether the general-purpose committee supports or opposes each listed candidate, measure, or classification by party of candidates;

(8) the full name of each identified officeholder or classification by party of officeholders assisted by the general-purpose committee;

(9) if the general-purpose committee supports or opposes measures exclusively, for each contribution accepted from a corporation as defined by § 20.1 of this title (relating to Definitions):

(A) the date each contribution was accepted;

(B) the full name of the corporation or labor organization making the contribution;

(C) the address of the corporation or labor organization making the contribution;

(D) the amount of the contribution; and

(E) a description of any in-kind contribution;

(10) for each political expenditure by the general-purpose committee that was made as a political contribution to a candidate, officeholder, or another political committee and that was returned to the general-purpose committee during the reporting period:

(A) the amount returned;

(B) the full name of the person to whom the expenditure was originally made;

(C) the address of the person to whom the expenditure was originally made; and

(D) the date the expenditure was returned to the general-purpose committee;

(11) for each person from whom the general-purpose committee accepted a political contribution other than a pledge or a loan of more than $50 in value, or political contributions other than pledges or loans that total more than $50 in value (or more than $10 for a general-purpose committee reporting monthly):

(A) the date each contribution was accepted;

(B) the full name of the person making the contribution;

(C) the address of the person making the contribution;

(D) the principal occupation of the person making the contribution;

(E) the amount of the contribution; and

(F) a description of any in-kind contribution;

(12) for each person from whom the general-purpose committee accepted a pledge or pledges to provide more than $50 in money or to provide goods or services worth more than $50 (more than $10 for a general-purpose committee reporting monthly):

(A) the full name of the person making the pledge;

(B) the address of the person making the pledge;

(C) the principal occupation of the person making the pledge;

(D) the amount of each pledge;

(E) the date each pledge was accepted; and

(F) a description of any goods or services pledged;

(13) the total of all pledges accepted during the period for $50 and less from a person, except for those reported under paragraph (12) of this section;

(14) for each person making a loan or loans to the general-purpose committee for campaign purposes if the total amount loaned by the person during the period is more than $50 (more than $10 for a general-purpose committee reporting monthly):

(A) the full name of the person or financial institution making the loan;

(B) the address of the person or financial institution making the loan;

(C) the amount of the loan;

(D) the date of the loan;

(E) the interest rate;

(F) the maturity date;

(G) the collateral for the loan, if any; and

(H) if the loan has guarantors: 

(i) the full name of each guarantor;

(ii) the address of each guarantor;

(iii) the principal occupation of each guarantor;

(iv) the name of the employer of each guarantor; and

(v) the amount guaranteed by each guarantor;

(15) the total amount of loans accepted during the period for $50 and less from persons other than financial institutions engaged in the business of making loans for more than one year, except for those reported under paragraph (14) of this section;

(16) for political expenditures made during the reporting period that total more than $50 (more than $10 for a general-purpose committee reporting monthly) to a single payee:

(A) the full name of the person to whom each expenditure was made;

(B) the address of the person to whom the expenditure was made;

(C) the date of the expenditure;

(D) the purpose of the expenditure, for example, the goods or services for which the expenditure was made;

(E) the amount of the expenditure; and

(F) indication for an expenditure paid in full or in part from corporations or labor organizations that it was paid from such sources.

(17) for each non-political expenditure made from political contributions:

(A) the date of each payment;

(B) the full name of the person to whom the payment was made;

(C) the address of the person to whom the payment was made;

(D) the nature of the goods or services for which the payment was made;

(E) the amount of the payment; and

(F) indication for an expenditure paid in full or in part from corporations or labor organizations that it was paid from such sources.

(18) for each candidate or officeholder who benefits from a direct campaign expenditure made by the committee:

(A) the name of the candidate or officeholder; and

(B) the office sought or held by the candidate or officeholder;

(19) for each political contribution from an out-of-state political committee, the information required by § 22.7 of this title (relating to Contribution from Out-of-State Committee);

(20) the following total amounts:

(A) the total principal amount of all outstanding loans as of the last day of the reporting period;

(B) the total amount or an itemized listing of political contributions (other than pledges, loans, or guarantees of loans) of $50 and less ($10 and less for a general-purpose committee reporting monthly);

(C) the total amount of all political contributions (other than pledges, loans, or guarantees of loans);

(D) the total amount or an itemized listing of the political expenditures of $50 and less ($10 and less for a general-purpose committee reporting monthly); and

(E) the total amount of all political expenditures;

(21) if applicable, a statement that no reportable activity occurred during the reporting period; and

(22) an affidavit, executed by the campaign treasurer, stating: “I swear, or affirm, that the accompanying report is true and correct and includes all information required to be reported by me under Title 15, Election Code.”

(b) Subsections (a)(16)(F) and (a)(17)(F) take effect on July 1, 2005.