Rules
Adopted

Adopted Rules

At its January 13, 2006, meeting, the Texas Ethics Commission voted to adopt rules regarding the following topics:

      The new language is italicized.

Authority of Commission to Adopt Rules
Text of Adopted Rule

Chapter 6. ORGANIZATION AND ADMINISTRATION

Subchapter A.  GENERAL RULES

§ 6.5. Authority To Adopt Rules

(a) This title is adopted under the authority granted by the Act, the Administrative Procedure Act, and by any other law administered and enforced by the commission that establishes the commission's authority to adopt rules.

(b) The commission will not adopt a rule that in the opinion of the commission, directly addresses the subject matter of pending litigation known to the commission.

Administrative Waiver of Fines
Text of Adopted Rule

Chapter 18. GENERAL RULES CONCERNING REPORTS

§ 18.23. Administrative Waiver of Fine

(a) A filer may request the executive director to waive a late fine by submitting an affidavit to the executive director that states facts that establish that:

(1) the report was filed late because of a medical emergency or condition that involved the filer, a family member or relative of the filer, a member of the filer's household, or a person whose usual job duties include preparation of the report;

(2) the filer of the personal financial disclosure report is not an elected official, a candidate for election, or a salaried public servant, and the late report:

(A) was the first personal financial disclosure report filed late by the filer under Government Code chapter 572; and

(B) was filed no later than 30 days after the individual was notified that the report appeared to be late;

(3) the filer of the campaign finance report:

(A) had filed all previous reports by the applicable deadline;

(B) had no contributions, expenditures, or loans to report; and

(C) filed the report no later than 30 days after the filer was notified that the report appeared to be late;

(4) the filer reasonably relied on incorrect information given to the filer by the agency; or

(5) other administrative error by the agency.

(b) If, in the executive director's discretion, the affidavit establishes grounds for a waiver under this section, the executive director shall waive the fine.

Alternative Reporting Requirements for General-Purpose Committees
Text of Adopted Rules

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter F: REPORTING REQUIREMENT FOR A GENERAL-PURPOSE COMMITTEE

§ 20.417. Termination Report

(a) If the campaign treasurer appointment of a general-purpose committee is terminated, the campaign treasurer whose appointment was terminated shall file a termination report that contains the information listed in § 20.433 of this title (relating to Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures), except as provided by § 20.434 of this title (relating to Alternate Reporting Requirements for Certain General-Purpose Committees).

(b) A termination report is not required if the termination occurs on the last day of a reporting period under this subchapter and the campaign treasurer files a report for that period as provided by this subchapter.

(c) A termination report covers a period that begins on either the day after the period covered by the last report of contributions and expenditures required to be filed under this subchapter (other than a telegram report) or the day the campaign treasurer appointment was filed (if the committee has not yet filed a report of contributions and expenditures). The period covered by the report continues through the day the termination of the campaign treasurer appointment is effective.

(d) The report shall be filed not later than the 10th day after the date the termination of the campaign treasurer appointment is effective.

(e) Activity reported in a termination report is not required to be included in any subsequent report of the general-purpose committee that is filed under this subchapter.

§ 20.431. Monthly Reporting

(a) A monthly report filed by a general-purpose committee shall include the information required by § 20.433 of this title (relating to Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures), except that the threshold reporting amount of $50 set out in § 20.433(11)-(16), and (20) of this title (relating to Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures) does not apply to a general-purpose committee reporting monthly. For a general-purpose committee reporting monthly, the threshold reporting amount under § 20.433(11)-(16) and (20) of this title is $10, except as provided by § 20.434 of this title (relating to Alternate Reporting Requirements for Certain General-Purpose Committees).

(b) A monthly report is due not later than the fifth day of the month following the end of the period covered by the report.

(c) Except for the first monthly report filed, a monthly report covers a period that begins on the 26th day of one month and ends on the 25th day of the next month.

(d) The beginning day for the first monthly report filed by a general-purpose committee shall be as follows.

(1) For a general-purpose committee that has been filing on the regular schedule and chooses monthly filing between January 1 and January 15 of a particular year, the first report will cover a period that begins on January 1 of that year.

(2) For a general-purpose committee that elected to file monthly at the time it filed its campaign treasurer appointment, the period covered by the first monthly report depends on the day of the month that the campaign treasurer was appointed.

(A) If the general-purpose committee filed its campaign treasurer appointment before the 25th of the month, the first report will cover a period that begins on the day the appointment was filed and ends on the 25th day of the same month.

(B) If the general-purpose committee filed its campaign treasurer appointment on or after the 25th of the month, the first report will cover the period that begins on the day the appointment is filed and ends on the 25th day of the next month.

§ 20.434. Alternate Reporting Requirements for General-Purpose Committees

(a) This section and Election Code § 254.1541 apply only to a general-purpose committee with less than $20,000 in one or more accounts maintained by the committee in which political contributions are deposited, as of the last day of the preceding reporting period for which the committee was required to file a report.

(b) The alternative reporting requirement in Election Code § 254.1541 applies only to contributions.

(c) A report by a campaign treasurer of a general-purpose committee to which this section and Election Code § 254.154 apply shall include the information required by § 20.433 of this title (Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures) except that the campaign treasurer may choose a threshold reporting amount for political contributions of $100 instead of the threshold reporting amount of $50 set out in §§ 20.433(a)(11) and (a)(20)(B) of this title.

§ 20.441. Contents of Dissolution Report

A dissolution report must contain:

(1) the information listed in § 20.433 of this title (relating to Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures), except as provided by § 20.434 of this title (relating to Alternate Reporting Requirements for Certain General-Purpose Committees); and

(2) the following sworn statement, signed by the general-purpose committee’s campaign treasurer, and properly notarized:

“I, the undersigned campaign treasurer, do not expect the occurrence of any further reportable activity by this general-purpose committee for this or any other campaign or election for which reporting under the Election Code is required. I declare that all of the information required to be reported by me has been reported. I understand that designating a report as a dissolution report terminates the appointment of campaign treasurer. I further understand the circumstances in which the general-purpose committee may not make or authorize political expenditures or accept political contributions without having an appointment of campaign treasurer on file.”

Reporting Requirements for County Executive Committees
Text of Adopted Rules

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter I. RULES APPLICABLE TO A POLITICAL PARTY'S COUNTY EXECUTIVE COMMITTEE

§ 20.553. County Executive Committee Accepting Contributions or Making Expenditures Totaling $25,000 or Less

(a) A county executive committee accepting political contributions or making political expenditures totaling $25,000 or less in a calendar year is not required to:

(1) appoint a campaign treasurer before accepting political contributions or making political expenditures; or

(2) file the reports required by Subchapter F of this chapter (relating to Reporting Requirements for a General-Purpose Committee).

(b) A county executive committee described in subsection (a) of this section is required to comply with § 20.551 of this title (relating to Obligation To Maintain Records).

§ 20.555. County Executive Committee Accepting Contributions or Making Expenditures That Exceed $25,000

(a) A county executive committee described by subsection (b) of this section is subject to the requirements of Subchapter F of this chapter (relating to Reporting Requirements for a General-Purpose Committee), except where those rules conflict with this subchapter. In the case of conflict, this subchapter prevails over Subchapter F of this chapter.

(b) A county executive committee that accepts political contributions or that makes political expenditures that, in the aggregate, exceed $25,000 in a calendar year shall file:

(1) a campaign treasurer appointment with the commission no later than the 15th day after the date that amount is exceeded; and

(2) the reports required by Subchapter F of this chapter (relating to Reporting Requirements for a General-Purpose Committee).  The first report filed must include all political contributions accepted and all political expenditures made before the county executive committee filed its campaign treasurer appointment.

(c) Contributions accepted from corporations and labor organizations under § 24.19 of this title (relating to Contributions to a Political Party) and reported under Subchapter H of this chapter (relating to Accepting and Reporting Contributions from Corporations and Labor Organizations) do not count against the $25,000 thresholds described in subsection (b) of this section.

(d) A county executive committee that filed a campaign treasurer appointment and reports of contributions and expenditures may file the report due by January 15 as its final report. Filing such a report will notify the filing authority that the county executive committee does not intend to file reports in the next calendar year unless it exceeds one of the $25,000 thresholds.

Maintenance of Bank Accounts
Text of Adopted Rule

Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

Repealed:

§ 22.25. Maintenance of Political Contributions in Bank Accounts