Rules
Adopted

ADOPTED RULES

At its February 13, 2015, meeting, the Texas Ethics Commission voted to adopt the following rules.

§ 50.1 Legislative Per Diem
(effective March 5, 2015)
Text of Adopted Rule

§ 6.1 Definition of “First Responder”
(effective March 10, 2015)
Text of Adopted Rule

§ 18.23. Administrative Waiver of Fine
(effective March 10, 2015)
Text of Adopted Rule

§ 18.24. General Guidelines for Other Administrative Waiver or Reduction of Fine
(effective March 10, 2015)
Text of Adopted Rule

§ 18.25. Administrative Waiver or Reduction of Fine: Report Type I
(effective March 10, 2015)
Text of Adopted Rule

§ 18.26. Administrative Waiver or Reduction of Fine: Report Type II
(effective March 10, 2015)
Text of Adopted Rule

Legislative Per Diem
Text of Adopted Rule

The deleted text is indicated by [strikethrough] text.
The Adopted new language is indicated by underlined text.

Chapter 50. LEGISLATIVE SALARIES AND PER DIEM

§ 50.1. Legislative Per Diem

(a) The legislative per diem is $190[$150]. 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.

(b) If necessary, this rule shall be applied retroactively to ensure payment of the $190[$150] per diem for 2015[2013].

Definition of “First Responder”
Text of Adopted Rule

The Adopted new language is indicated by underlined text.

Subchapter A. GENERAL RULES

§ 6.1. Definitions

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--The Government Code, Chapter 571 (concerning Texas Ethics Commission).

(2) Administrative Procedure Act--The Government Code, Chapter 2001 (concerning Administrative Procedure).

(3) Agency--The state agency governed by the commission, as it functions and operates through the administrative staff hired by the commission and its executive director.

(4) Commission--The Texas Ethics Commission, as constituted and described in the Texas Constitution, Article 3, § 24a.

(5) Document--A report, complaint, response, letter, or any other written material.

(6) Executive director--The person employed by the commission to serve as the agency's chief administrative officer, or any other employee of the commission acting as the designee of the executive director.

(7) Family member or relative--An individual who is related within the second degree of affinity or consanguinity, as defined by the Government Code, Chapter 573, Subchapter B (concerning Relationships by Consanguinity or by Affinity).

(8) Filer--A person required to file a report with the commission or a local filing authority in accordance with this title.

(9) Individual--A human being who has been born and is alive.

(10) Local filing authority--A public servant other than the Texas Ethics Commission with whom a filer must file a report in accordance with this title, as identified in § 20.5 of this title (relating to Reports Filed with a County Filing Authority) and § 20.7 of this title (relating to Reports Filed with Other Local Filing Authority).

(11) Open Meetings Law--The Government Code, Chapter 551 (concerning Open Meetings).

(12) Open Records Law--The Government Code, Chapter 552 (concerning Open Records).

(13) Person--An individual, representative, corporation, association, or other entity, including any nonprofit corporation, or any agency or instrumentality of federal, state, or local government.

(14) Postmark--A postal cancellation by the United States Postal Service that contains the post office name, state, and zip code and the month, day, and year the canceling post office accepted custody of the material.

(15) Presiding officer--The person elected to serve as the commission’s chairman or chairwoman under § 6.21 of this title (relating to Officers of the Commission).

(16) Report--Any document or other information required to be filed under this title.

(17) Staff--Employees of the commission, hired by the commission or the executive director.

(18) Title 15--The Election Code, Title 15 (concerning Regulating Political Funds and Campaigns).

(19) First responder--An individual who is:

(A) a peace officer whose duties include responding rapidly to an emergency;

(B) fire protection personnel, as that term is defined by Section 419.021, Government Code;

(C) a volunteer firefighter who performs firefighting duties on behalf of a political subdivision;

(D) an ambulance driver; or

(E) an individual certified as emergency medical services personnel by the Department of State Health Services.

Administrative Waiver of Fine
Text of Adopted Rule

The Adopted new language is indicated by underlined text.

§ 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] an unforeseen serious medical emergency or condition or a death 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 report was filed late as a result of verifiable severe weather at the filer's location that prevented the filer from filing the report by the applicable deadline and the report was filed within a reasonable time after the deadline;

(3) the report was filed late because the filer was a first responder, as defined in § 6.1 of this title (relating to Definitions), deployed to an emergency situation at the time of the filing deadline or a member of the military deployed on active duty at the time of the filing deadline and the report was filed within a reasonable time after the deadline;

(4)[(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;

(5)[(3)] the filer of the personal financial disclosure report was an unopposed candidate in a primary election, 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 before the primary election.

(6)[(4)] 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;

(7)[(5)] the filer reasonably relied on incorrect information given to the filer by the agency; or

(8)[(6)] 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.

Other Administrative Waiver or Reduction of Fine – General Guidelines
Text of Adopted Rule

The Adopted new language is indicated by underlined text.

§ 18.24. General Guidelines for Other Administrative Waiver or Reduction of Fine

Other Administrative Waiver or Reduction of Fine:
Report Type I (non-critical reports)
Text of Adopted Rule

The Adopted new language is indicated by underlined text.

§ 18.25. Administrative Waiver or Reduction of Fine: Report Type I

Other Administrative Waiver or Reduction of Fine:
Report Type II (critical reports)
Text of Adopted Rule

The Adopted new language is indicated by underlined text.

§ 18.26. Administrative Waiver or Reduction of Fine: Report Type II

Report Type II Formulas Chart
(For Critical Reports under section 18.26(d))

Category A

Category B

Category C

(e) Comments:

Report Type II Formulas Chart Examples:

(1) Candidate X seeking the office of State Representative (Category A filer type)

	Report:	30–day pre–election report due February 3, 2014 (Report Type II)
	Filed Date:	February 4, 2014 (1 day late; good cause under section 18.24(d))
	Activity:	contributions = $10,000; expenditures = $5,000 (use Formulas Chart)
	Prior offenses:	none
	Penalty:	$500
	Determination:	reduction to $150

Formula Calculation = $150 (Category A, Good Cause, 0 Priors, 1st day late)

 

(2) Large GPAC filing under the regular (semiannual) filing schedule (Category B filer type)

	Report:	30–day pre–election report due February 3, 2014 (Report Type II)
	Filed Date:	February 4, 2014 (1 day late; good cause under section 18.24(d))
	Activity:	contributions = $10,000; expenditures = $5,000 (use Formulas Chart)
	Prior offenses:	two prior late reports in the last five years
	Penalty:	$500
	Determination:	reduction to $300

Formula Calculation = $300 (Category B, Good Cause, 2 Priors, 1st day late)

 

(3) Candidate Y seeking the office of District Judge (Category A filer type)

	Report:	8–day pre–election report due February 24, 2014 (Report Type II)
	Filed Date:	March 20, 2014 (24 days late; filed within 7 days of late notice; good cause under section 18.24(d))
	Activity:	contributions = $10,000; expenditures = $5,000 (use Formulas Chart)
	Prior offenses:	none
	Penalty:	$2,800
	Determination:	reduction to $1,150

Formula Calculation = $150 (Category A, Good Cause, 0 Priors, 1st day late) + $1,000 (next 10 days late @ $100 per day) + $0 (remaining 13 days late do not add up to full 30-day segment) = $1,150.

 

(4) Large GPAC filing under the regular (semiannual) filing schedule (Category B filer type)

	Report:	30–day pre–election report due February 3, 2014 (Report Type II)
	Filed Date:	April 4, 2014 (60 day late)
	Activity:	contributions = $10,000; expenditures = $5,000
	Prior offenses:	five prior late reports in the last five years
	Penalty:	$500
	Determination:	no waiver

Filer did not meet the criteria under subsection (b)(1) of this section because the filer has over two prior late offenses in the five years preceding the report due date.