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Rules
Adopted

ADOPTED RULES

At its April 8, 2016, meeting, the Texas Ethics Commission voted to adopt amendments to the following rules:

§ 12.53. Commission Initiated Complaint.
(effective May 3, 2016)
Text of Adopted Rule

§ 20.3. Reports Filed with the Commission.
(effective May 3, 2016)
Text of Adopted Rule

§ 20.7. Reports Filed with Other Local Filing Authority.
(effective May 3, 2016)
Text of Adopted Rule

§ 20.315. Termination of Campaign Treasurer Appointment.
(effective May 3, 2016)
Text of Adopted Rule

§ 34.1. Definitions.
(effective May 3, 2016)
Text of Adopted Rule

§ 46.3. Definitions.
(effective May 2, 2016)
Text of Adopted Rule

§ 34.46. Registration under §305.0041 of the Government Code.
(effective May 3, 2016)
Text of Repealed Rule

§ 34.73. Reporting by Independent Contractor.
(effective May 3, 2016)
Text of Repealed Rule


§ 12.53. Commission Initiated Complaint.
(effective May 3, 2016)
Text of Adopted Rule

The adopted new language is indicated by underlined text.

12.53. Commission Initiated Complaint.

(a) A preliminary review initiated by the commission under section 571.124(b) of the Government Code is deemed to be a complaint for purposes of all further proceedings under chapter 571 of the Government Code and of this chapter.

(b) Documents or evidence gathered by the commission and commission staff in contemplation of, or in preparation for, a commission initiated preliminary review are related to the processing of a preliminary review or motion for the purposes of sections 571.139 and 571.140 of the Government Code.

(c) Discussions between the commission and commission staff regarding gathering documents or evidence in contemplation of, or in preparation for, a commission initiated preliminary review are related to the processing of a preliminary review or motion for the purposes of sections 571.139 and 571.140 of the Government Code.


§ 20.3. Reports Filed with the Commission.
(effective May 3, 2016)
Text of Adopted Rule

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

§ 20.3. Reports Filed with the Commission.

The Ethics Commission is the appropriate filing authority for reports filed by:


§ 20.7. Reports Filed with Other Local Filing Authority.
(effective May 3, 2016)
Text of Adopted Rule

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

§ 20.7. Reports Filed with Other Local Filing Authority.

(a) Except as provided by Section 20.3(6) of this title (relating to Reports Filed with the Commission), the [The] secretary of a political subdivision (or the presiding officer if the political subdivision has no secretary) is the appropriate filing authority for reports filed by:

(b) The campaign treasurer of a specific-purpose committee created to support or oppose a measure on the issuance of bonds by a school district should file with the commission a file-stamped copy of any campaign treasurer appointment filed with the appropriate local filing authority.


§ 20.315. Termination of Campaign Treasurer Appointment.
(effective May 3, 2016)
Text of Adopted Rule

The adopted new language is indicated by underlined text.

§ 20.315. Termination of Campaign Treasurer Appointment.

(a) A specific-purpose committee may terminate a campaign treasurer appointment at any time by:

(b) A committee's campaign treasurer may resign by immediately notifying both the appointing authority and the filing authority in writing.

(c) Except as provided by subsection (e) of this section, if the campaign treasurer resigns or otherwise leaves the position, the termination is effective on the date the committee actually receives the notice or on the date the filing authority actually receives the notice, whichever is later.

(d) Section 20.23 of this title (relating to Timeliness of Action by Mail) does not apply to subsection (c) of this section.

(e) For purposes of the termination report required by Section 20.317 of this title (relating to Termination Report), a campaign treasurer's resignation is effective on the date the treasurer resigns as provided by subsection (b) of this section.

(f) Section 20.23 of this title (relating to Timeliness of Action by Mail) applies to subsection (e) of this section.

(g) A termination of a specific-purpose committee's campaign treasurer appointment and the filing of the termination report by themselves do not dissolve the specific-purpose committee. A specific-purpose committee can be dissolved only by filing a dissolution report.

(h) For purposes of this section, the appropriate filing authority for a campaign treasurer appointment of a specific-purpose committee created to support or oppose a measure on the issuance of bonds by a school district is the secretary of the school board (or the presiding officer if the school board has no secretary), except that the commission is the appropriate filing authority for a dissolution report.


§ 34.1. Definitions.
(effective May 3, 2016)
Text of Adopted Rule

The deleted text is indicated by [strikethrough] text.

§ 34.1. Definitions.

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


§ 46.3. Definitions.
(effective May 2, 2016)
Text of Adopted Rule

The deleted text is indicated by [strikethrough] text.

§ 46.3. Definitions.

(a) "Contract" includes an amended, extended, or renewed contract.

(b) "Business entity" includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.

(c) "Controlling interest" means:

(d) "Interested party" means:

(e) "Intermediary," for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:


§ 34.46. Registration under §305.0041 of the Government Code.
(effective May 3, 2016)
Text of Repealed Rule

The deleted text is indicated by [strikethrough] text.

[§ 34.46. Registration under §305.0041 of the Government Code.

(a) For purposes of the $75 registration fee set by Section 305.005(c)(2) of the Government Code, a person is required to register under Section 305.0041 of the Government Code if:

    (1) the person is an independent contractor;

    (2) the person’s only direct communication as a registrant is with a member of the executive branch to influence administrative action as an independent contractor;

    (3) the compensation for the communication is totally or partially contingent on the outcome of a purchasing decision or negotiations regarding such decisions and the amount of the purchasing decision does not exceed $10 million; and

    (4) the person is also required to register under the compensation or reimbursement threshold in Section 305.003(a)(2) of the Government Code but does not exceed the expenditure threshold set by Section 305.003(a)(1) of the Government Code.

(b) A person required to register under Section 305.0041 of the Government Code is considered a registrant for purposes of this chapter and Chapter 305 of the Government Code.

(c) An independent contractor who is required to register as a lobbyist under Chapter 305 of the Government Code but who does not meet all the criteria in subsection (a) of this section is subject to the $750 registration fee set by Section 305.005(c)(3) of the Government Code.

(d) An independent contractor who qualifies for the $75 registration fee under subsection (a) of this section, but that before the end of the calendar year ceases to meet the criteria under subsection (a) of this section, becomes subject to the $750 registration fee set by Section 305.005(c)(3) of the Government Code.]


§ 34.73. Reporting by Independent Contractor.
(effective May 3, 2016)
Text of Repealed Rule

The deleted text is indicated by [strikethrough] text.

[§ 34.73. Reporting by Independent Contractor.

(a) In addition to the contents required by Section 305.005 of the Government Code and this chapter, a registration filed by an independent contractor whose compensation for the communication is totally or partially contingent on the outcome of a purchasing decision or negotiations regarding such decisions must:

    (1) disclose the vendor as a client;

    (2) indicate that the client is a vendor of a product or service on whose behalf the independent contractor communicates concerning state agency purchasing decisions or negotiations regarding such decisions;

    (3) disclose the amount of the sales commission or such fee;

    (4) disclose the amount of the purchasing decision;

    (5) if the amount of the sales commission or such fee is based on a percentage of the sale, disclose the amount of the percentage; and

    (6) describe the product or service that is the subject of the communication.

(b) If the amount of the sales commission or such fee is not known at the time of the reporting, the registration described by subsection (a) of this section must disclose a reasonable estimate of the maximum amount of the sales commission or such fee and the method under which that amount will be computed.

(c) If the amount of the purchasing decision is not known at the time of the reporting, the registration described by subsection (a) of this section must disclose a reasonable estimate of the maximum amount of the purchasing decision and the method under which that amount will be computed.]