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Rules

ADOPTED RULES

At its September 2020, meeting, the Texas Ethics Commission voted to adopt the following amended rules: §§18.21, 18.31, 20.62, 20.65, 20.217, 20.219, 20.220, 20.221, 20.275, 20.279, 20.301, 20.303, 20.313, 20.329, 20.331, 20.333, 20.401, 20.405, 20.433, 20.434, 20.435, 20.553, 20.555, 22.1, 22.6, 22.7, 34.41, and 34.43. The text of the amended rules is located below

§18.31. Adjustments to Reporting Thresholds.
(effective January 1, 2021)
Text of Adopted Rule

§20.62. Reporting Staff Reimbursement.
(effective January 1, 2021)
Text of Adopted Rule

§20.65. Reporting No Activity.
(effective January 1, 2021)
Text of Adopted Rule

§20.217. Modified Reporting.
(effective January 1, 2021)
Text of Adopted Rule

§20.219. Content of Candidate’s Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Adopted Rule

§20.220. Additional Disclosure for the Texas Comptroller of Public Accounts.
(effective January 1, 2021)
Text of Adopted Rule

§20.221. Special Pre-Election Report by Certain Candidates.
(effective January 1, 2021)
Text of Adopted Rule

§20.275. Exception from Filing Requirement for Certain Local Officeholders.
(effective January 1, 2021)
Text of Adopted Rule

§20.279. Contents of Officeholder’s Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Adopted Rule

§20.301. Thresholds for Campaign Treasurer Appointment.
(effective January 1, 2021)
Text of Adopted Rule

§20.303. Appointment of a Campaign Treasurer.
(effective January 1, 2021)
Text of Adopted Rule

§20.313. Converting to a General-Purpose Committee.
(effective January 1, 2021)
Text of Adopted Rule

§20.329. Modified Reporting.
(effective January 1, 2021)
Text of Adopted Rule

§20.331. Contents of Specific-Purpose Committee Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Adopted Rule

§20.333. Special Pre-Election Report by Certain Specific-Purpose Committees.
(effective January 1, 2021)
Text of Adopted Rule

§20.401. Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee.
(effective January 1, 2021)
Text of Adopted Rule

§20.405. Campaign Treasurer Appointment for a General-Purpose Committee.
(effective January 1, 2021)
Text of Adopted Rule

§20.433. Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Adopted Rule

§20.434. Alternate Reporting Requirements for General-Purpose Committees.
(effective January 1, 2021)
Text of Adopted Rule

§20.435. Special Pre-Election Report by Certain General-Purpose Committees.
(effective January 1, 2021)
Text of Adopted Rule

§20.553. Campaign Treasurer Appointment Not Required for County Executive Committee Accepting Contributions or Making Expenditures under Certain Amount.
(effective January 1, 2021)
Text of Adopted Rule

§20.555. County Executive Committee Accepting Contributions or Making Expenditures that Exceed Certain Amount.
(effective January 1, 2021)
Text of Adopted Rule

§22.1. Certain Campaign Treasurer Appointments Required before Political Activity Begins.
(effective January 1, 2021)
Text of Adopted Rule

§22.6. Reporting Direct Campaign Expenditures.
(effective January 1, 2021)
Text of Adopted Rule

§22.7. Contribution from Out-of-State Committee.
(effective January 1, 2021)
Text of Adopted Rule

§34.41. Expenditure Threshold.
(effective January 1, 2021)
Text of Adopted Rule

§34.43. Compensation and Reimbursement Threshold.
(effective January 1, 2021)
Text of Adopted Rule

 

§18.31. Adjustments to Reporting Thresholds.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 18. GENERAL RULES CONCERNING REPORTS.

§18.31. Adjustments to Reporting Thresholds.

(a) Pursuant to section 571.064 of the Government Code, the reporting thresholds are adjusted as follows:

Campaign Finance Reports: Section of Election Code

Threshold Description

Original Threshold Amount

Adjusted Amount

253.031(b)

The amount of political contributions or political expenditures permitted by a political committee before a campaign treasurer appointment is required

$500

$910 [$870]

253.031(d)(2)

The amount of political contributions or political expenditures permitted by a county executive party of a political party before a campaign treasurer appointment is required

$25,000

$33,750 [$32,320]

253.032(a)

Threshold of contributions accepted from an out-of-state political committee above which a certain written statement or a statement of organization is required

$500

$930 [$900]

253.032(a)(1)

Threshold of contributions to an out-of-state political committee above which certain information regarding contributions must be included in the written statement required under section 253.032(a), Election Code

$100

$190 [$180]

253.032(e)

Threshold of contributions accepted from an out-of-state political committee at or below which certain information or a statement of organization must be included in a report

$500

$930 [$900]

254.031(a)(1)

Threshold at which contributor information is required to be reported

$50

$90

254.031(a)(2)

Threshold at which lender information is required to be reported

$50

$90

254.031(a)(3)

Threshold at which information on the payee of a political expenditure is required to be reported

$100

$190 [$180]

254.031(a)(5)

Threshold below which contributor information is not required to be reported

$50

$90

254.031(a)(5)

Threshold below which payee information is not required to be reported

$100

$190 [$180]

254.031(a)(9)

Threshold at which the source of any credit, interest, return of deposit fee from political contributions or asset is required to be reported

$100

$120 [$130]

254.031(a)(10)

Threshold at which the proceeds from sale of a political asset is required to be reported

$100

$120 [$130]

254.031(a)(11)

Threshold at which any gain from an investment purchased with political contributions is required to be reported

$100

$120 [$130]

254.031(a)(12)

Threshold at which any other gain from political contribution is required to be reported

$100

$120 [$130]

254.0311(b)(1)

Threshold at which contributor information for contributions from non-caucus members is required to be reported by a caucus

$50

$90

254.0311(b)(2)

Threshold at which lender information is required to be reported by a caucus

$50

$90

254.0311(b)(3)

Threshold at which payee information for expenditures is required to be reported by a caucus

$50

$90

254.0311(b)(4)

Threshold below which contributor and payee information is not required to be reported by a caucus

$50

$90

254.0312

Threshold at which the best efforts rule requires one to make a written or oral request for contributor information in order to be considered in compliance when contributor information is missing

$500

$710 [$680]

254.036

Threshold of political contributions and political expenditures below which a filer qualifies for the electronic filing exemption, if certain conditions are met

$20,000

$28,420 [$27,140]

254.038(a)

Contribution threshold triggering a Special Report Near Election by Certain Candidates and Political Committees during the 9 days before election

$1,000

$1,860 [$1,790]

254.039

Contribution threshold triggering Special Report Near Election by GPACs during the 9 days before election

$5,000

$6,370 [$6,090]

254.039

Direct Campaign expenditure thresholds triggering Special Report Near Election by GPACs ($1,000 for single candidate or $15,000 for group of candidates) during the 9 days before election

$1,000/$15,000

$1,860/$27,950 [$1,790/$26,780]

254.0611(a)(2)

Threshold at which principal occupation/employer information for contributors to judicial filers is required to be reported

$50

$90

254.0611(a)(3)

Threshold at which the disclosure of an asset purchased with political contributions is required to be reported by judicial filers

$500

$930 [$900]

254.0612

Threshold at which principal occupation/employer information for contributors to statewide executive and legislative candidates is required to be reported

$500

$930 [$900]

254.095

Threshold of political contributions or political contributions below which a report is not required for officeholders who do not file with the Commission, unless also a candidate

$500

$930 [$900]

254.151(6)

Threshold at which the principal occupation for GPAC contributors is required to be reported

$50

$90

254.1541(a)

Threshold of political contributions and political expenditures below which a GPAC has a $100 contribution itemization threshold, rather than $50

$20,000

$27,000 [$25,860]

254.1541(b)

Contribution reporting threshold for GPACs qualifying under section 254.1541 set to $100

$100

$190 [$180]

254.156(1)

Threshold at which contributor, lender, and payee information is required for a political contribution, loan, or expenditure, respectively, to an MPAC

$10

$20

254.156(2)

Threshold at which contribution [contribution, loan, and expenditure] information for MPACs qualifying under section 254.1541 is set to $20

$20

$40

254.181, 254.182, 254.183

Threshold of political contributions and political expenditures below which a candidate or SPAC may elect to avoid certain pre-election filing requirements (modified reporting)

$500

$930 [$900]

254.261

Threshold at which a person making direct campaign expenditures in an election must disclose the expenditures, including payee information

$100

$140 [$130]


Lobby Registrations and Reports: Section of Government Code

Threshold Description

Original Threshold Amount

Adjusted Amount

305.003(1)

Threshold of expenditures over which a person must register as a lobbyist

$500, by 1 Tex. Admin. Code §34.41

$810 [$780]

305.003(2)

Threshold of compensation or reimbursement over which a person must register as a lobbyist

$1,000, by 1 Tex. Admin. Code §34.43

$1,620 [$1,560]

305.004(7)

Threshold of expenditures and compensation below which a person lobbying on behalf of political party is excepted from the requirement to register as a lobbyist

$5,000

$9,320 [$8,930]

305.005(g)(2)

Threshold of category to report compensation less than $10,000

$10,000

$18,630 [$17,860]

305.005(g)(3)

Upper threshold of category to report compensation of at least $10,000 but less than $25,000

$25,000

$46,580 [$44,630]

305.005(g)(4)

Upper threshold of category to report compensation of at least $25,000 but less than $50,000

$50,000

$93,150 [$89,260]

305.005(g)(5)

Upper threshold of category to report compensation of at least $50,000 but less than $100,000

$100,000

186,300 [$178,520]

305.005(g)(6)

Upper threshold of category to report compensation of at least $100,000 but less than $150,000

$150,000

$279,450 [$267,770]

305.005(g)(7)

Upper threshold of category to report compensation of at least $150,000 but less than $200,000

$200,000

$372,600 [$357,030]

305.005(g)(8)

Upper threshold of category to report compensation of at least $200,000 but less than $250,000

$250,000

$465,750 [$446,280]

305.005(g)(9)

Upper threshold of category to report compensation of at least $250,000 but less than $300,000

$300,000

$558,900 [$535,540]

305.005(g)(10)

Upper threshold of category to report compensation of at least $300,000 but less than $350,000

$350,000

$652,050 [$624,790]

305.005(g)(11)

Upper threshold of category to report compensation of at least $350,000 but less than $400,000

$400,000

$745,200 [$714,050]

305.005(g)(12)

Upper threshold of category to report compensation of at least $400,000 but less than $450,000

$450,000

$838,350 [$803,310]

305.005(g)(13)

Upper threshold of category to report compensation of at least $450,000 but less than $500,000

$500,000

$931,500 [$892,560]

305.005(g-1)

Threshold of compensation or reimbursement at which a registrant must report the exact amount

$500,000

$931,500 [$892,560]

305.0061(c)(3)

Threshold over which the name of a legislator who is the recipient of a gift, a description of the gift, and amount of the gift is required to be disclosed

$50

$90

305.0061(e-1)

Threshold below which an expenditure for food or beverages is considered a gift and reported as such

$50

$90

305.0063

Threshold of expenditures below which a registrant may file lobby activities reports annually instead of monthly

$1,000

$1,860 [$1,790]


Personal Financial Statements: Section of Gov't Code

Threshold Description

Original Threshold Amount

Adjusted Amount

572.022(a)(1)

Threshold of category to report an amount less than $5,000

less than $5,000

less than $9,320 [$8,930]

572.022(a)(2)

Threshold of category to report an amount of at least $5,000 but less than $10,000

$5,000 to less than $10,000

$9,320 [$8,930] to less than $18,630 [$17,860]

572.022(a)(3)

Threshold of category to report an amount of at least $10,000 but less than $25,000

$10,000 to less than $25,000

$18,630 [$17,860] to less than $46,580 [$44,630]

572.022(a)(4)

Threshold of category to report an amount of at least $25,000 or more

$25,000 or more

$46,580 [$44,630] or more

572.005, 572.023(b)(1)

Threshold to disclose the source and category of amount of retainer received by a business entity in which the filer has a substantial interest; section 572.005 defines substantial interest, in part, as owning over $25,000 of the fair market value of the business entity

$25,000

$46,580 [$44,630]

572.023(b)(4)

Threshold over which income from interest, dividends, royalties, and rents is required to be reported

$500

$930 [$900]

572.023(b)(5)

Threshold over which the identity of each loan guarantor and person to whom filer owes liability on a personal note or lease agreement is required to be reported

$1,000

$1,860 [$1,790]

572.023(b)(7)

Threshold of value over which the identity of the source of a gift and a gift description is required to be reported

$250

$470 [$450]

572.023(b)(8)

Threshold over which the source and amount of income received as beneficiary of a trust asset is required to be reported

$500

$930 [$900]

572.023(b)(15)

if aggregate cost of goods or services sold under contracts exceeds $10,000, PFS must identify each contract, and name of each party, with a governmental entity for sale of goods or services in amount of $2,500 or more

Exceeds $10,000

$10,220

572.023(b)(15)(A)

itemization under (15) of contracts for sale of goods or services in the amount of $2,500 or more to governmental entities

$2,500 or more

$2,560 or more

572.023(b)(16)(D)(i)

category of amount of bound counsel fees paid to legislator

less than $5,000

less than $5,110

572.023(b)(16)(D)(ii)

category of amount of bound counsel fees paid to legislator

at least $5,000 but less than $10,000

at least $5,110 but less than $10,220

572.023(b)(16)(D)(iii)

category of amount of bound counsel fees paid to legislator

at least $10,000 but less than $25,000

at least $10,220 but less than $25,550

572.023(b)(16)(D)(iv)

category of amount of bound counsel fees paid to legislator

$25,000 or more

$25,550 or more

572.023(b)(16)(E)(i)

category of amount of bound counsel fees paid to individual's firm

less than $5,000

less than $5,110

572.023(b)(16)(E)(ii)

category of amount of bound counsel fees paid to individual's firm

at least $5,000 but less than $10,000

at least $5,110 but less than $10,220

572.023(b)(16)(E)(iii)

category of amount of bound counsel fees paid to individual's firm

at least $10,000 but less than $25,000

at least $10,220 but less than $25,550

572.023(b)(16)(E)(iv)

category of amount of bound counsel fees paid to individual's firm

$25,000 or more

$25,550 or more


Speaker Election and Certain Ceremonial Reports: Section of Government Code

Threshold Type

Current Threshold Amount

Adjusted Amount

302.014(4)

Expenditure of campaign funds over $10 must be disclosed, including payee's name and address and the purpose

$10

$20

303.005(a)(1) – (10)

Thresholds applicable to contribution and expenditure disclosure requirements for a governor for a day or speaker’s reunion day ceremony report

$50

$90

 

(b) The changes made by this rule apply only to conduct occurring on or after the effective date of this rule.

(c) (b) The effective date of this rule is January 1, 2021 2020.

§20.62.  Reporting Staff Reimbursement.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter B. GENERAL REPORTING RULES

§20.62. Reporting Staff Reimbursement.

(a) Political expenditures made out of personal funds by a staff member of an officeholder, a candidate, or a political committee with the intent to seek reimbursement from the officeholder, candidate, or political committee that in the aggregate do not exceed $6,370 [$6,130] during the reporting period may be reported as follows IF the reimbursement occurs during the same reporting period that the initial expenditure was made:

(b) Except as provided by subsection (a) of this section, a political expenditure made out of personal funds by a staff member of an officeholder, a candidate, or a political committee with the intent to seek reimbursement from the officeholder, candidate, or political committee must be reported as follows:

§20.65.  Reporting No Activity.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter B. GENERAL REPORTING RULES

§20.65. Reporting No Activity.

(a) As a general rule, a candidate or officeholder must file a report required by Subchapter C of this chapter (relating to Reporting Requirements for a Candidate) or Subchapter D of this chapter (relating to Reporting Requirements for an Officeholder Who Does Not Have a Campaign Treasurer Appointment on File) even if there has been no reportable activity during the period covered by the report.

(b) This general rule does not apply to:

(c) If a required report will disclose that there has been no reportable activity during the reporting period, the filer shall submit only those pages of the report necessary to identify the filer and to swear to the lack of reportable activity.

§20.217.  Modified Reporting.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter C. REPORTING REQUIREMENTS FOR A CANDIDATE

§20.217. Modified Reporting.

(a) An opposed candidate who does not intend to accept more than $930 [$900] in political contributions or make more than $930 [$900] in political expenditures (excluding filing fees) in connection with any election in an election cycle may choose to file under the modified schedule.

(b) Under the modified schedule, an opposed candidate is not required to file pre-election reports or a runoff report.

(c) To select modified filing, a candidate must file a declaration of intent not to accept more than $930 [$900] in political contributions or make more than $930 [$900] in political expenditures (excluding filing fees) in connection with the election. The declaration must include a statement that the candidate understands that if either one of those limits is exceeded, the candidate will be required to file pre-election reports and, if necessary, a runoff report.

(d) A declaration under subsection (c) of this section is filed with the candidate's campaign treasurer appointment.

(e) To file under the modified schedule, a candidate must file the declaration required under subsection (c) of this section no later than the 30th day before the first election to which the declaration applies. A declaration filed under subsection (c) of this section is valid for one election cycle only.

(f) If an opposed candidate exceeds either of the $930 [$900] limits, the candidate must file reports under §20.213 of this title (relating to Pre-election Reports) and §20.215 of this title (relating to Runoff Report).

(g) If an opposed candidate exceeds either of the $930 [$900] limits after the 30th day before the election, the candidate must file a report not later than 48 hours after exceeding the limit. If this is the candidate's first report filed, the report covers a period that begins on the day the candidate's campaign treasurer appointment was filed. Otherwise the period begins on the first day after the period covered by the last report required by this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter (relating to Reporting Requirements for an Officeholder Who Does Not Have a Campaign Treasurer Appointment on File). The period covered by the report continues through the day the candidate exceeded one of the limits for modified reporting.

§20.219. Content of Candidate’s Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter C. REPORTING REQUIREMENTS FOR A CANDIDATE

§20.219. Content of Candidate’s Sworn Report of Contributions and Expenditures.

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

§20.220. Additional Disclosure for the Texas Comptroller of Public Accounts.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter C. REPORTING REQUIREMENTS FOR A CANDIDATE

§20.220. Additional Disclosure for the Texas Comptroller of Public Accounts.

(a) For purposes of this section and §2155.003(e) of the Government Code, the term "vendor" means:

(b) Each report filed by the comptroller or a specific-purpose committee created to support the comptroller, shall include:

(c) The comptroller, or a specific-purpose committee created to support the comptroller, is considered to be in compliance with this section if:

(d) The comptroller, or a specific-purpose committee created to support the comptroller, must report the information required by subsection (b) of this section that is not provided by the person making the political contribution and that is in the comptroller's or committee's records of political contributions or previous campaign finance reports required to be filed under Title 15 of the Election Code filed by the comptroller or committee.

(e) If the comptroller, or a specific-purpose committee created to support the comptroller, receives the information required by this section after the filing deadline for the report on which the contribution is reported the comptroller or committee must include the missing information on the next required campaign finance report.

(f) The disclosure required under subsection (b) of this section applies only to a contributor who was a vendor or a political committee directly established, administered, or controlled by a vendor on or after September 1, 2007.

§20.221. Special Pre-Election Report by Certain Candidates.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter C. REPORTING REQUIREMENTS FOR A CANDIDATE

§20.221. Special Pre-Election Report by Certain Candidates.

(a) As provided by subsection (b) of this section, certain candidates must file reports about certain contributions accepted during the period that begins on the ninth day before an election and ends at noon on the day before an election. Reports under this section are known as "special pre-election" reports.

(b) An opposed candidate for an office specified by §252.005(1), Election Code, who, during the period described in subsection (a) of this section, accepts one or more political contributions from a person that in the aggregate exceed $1,860 [$1,800] must file special pre-election reports.

(c) Except as provided in subsection (e) of this section, a candidate must file a special pre-election report so that the report is received by the commission no later than the first business day after the candidate accepts a contribution from a person that triggers the requirement to file the special pre-election report.

(d) If, during the reporting period for special pre-election contributions, a candidate receives additional contributions from a person whose previous contribution or contributions have triggered the requirement to file a special pre-election report during that period, the candidate must file an additional special pre-election report for each such contribution. Except as provided in subsection (e) of this section, each such special pre-election report must be filed so that it is received by the commission no later than the first business day after the candidate accepts the contribution.

(e) A candidate must file a special pre-election report that is exempt from electronic filing under §254.036(c), Election Code, so that the report is received by the commission no later than 5 p.m. of the first business day after the candidate accepts a contribution from a person that triggers the requirement to file the special pre-election report.

(f) A candidate must file a special pre-election report for each person whose contribution or contributions made during the period for special pre-election reports exceed the threshold for special pre-election reports.

(g) A candidate must also report contributions reported on a special pre-election report on the next semiannual, pre-election, or runoff report filed, as applicable.

§20.275. Exception from Filing Requirement for Certain Local Officeholders.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter D. REPORTING REQUIREMENTS FOR AN OFFICEHOLDER WHO DOES NOT HAVE A CAMPAIGN TREASURER APPOINTMENT ON FILE

§20.275. Exception from Filing Requirement for Certain Local Officeholders.

An officeholder is not required to file a semiannual report of contributions and expenditures if the officeholder:

§20.279. Contents of Officeholder’s Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter D. REPORTING REQUIREMENTS FOR AN OFFICEHOLDER WHO DOES NOT HAVE A CAMPAIGN TREASURER APPOINTMENT ON FILE

§20.279. Contents of Officeholder’s Sworn Report of Contributions and Expenditures.

An officeholder's semiannual report of contributions and expenditures required by this subchapter must cover reportable activity during the reporting period and must include the following information:

§20.301. Thresholds for Campaign Treasurer Appointment.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE

§20.301. Thresholds for Campaign Treasurer Appointment.

(a) A specific-purpose committee may not accept political contributions exceeding $910 [$870] and may not make or authorize political expenditures exceeding $910 [$870] without filing a campaign treasurer appointment with the appropriate filing authority.

(b) A specific-purpose committee may not knowingly make or authorize campaign contributions or campaign expenditures exceeding $910 [$870] to support or oppose a candidate in a primary or general election for an office listed below unless the committee's campaign treasurer appointment was filed not later than the 30th day before the appropriate election day:

§20.303. Appointment of Campaign Treasurer.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE

§20.303. Appointment of Campaign Treasurer.

(a) A specific-purpose committee may appoint a campaign treasurer at any time before exceeding the thresholds described in §20.301(a) of this title (relating to Thresholds for Campaign Treasurer Appointment).

(b) After a specific-purpose committee appoints a campaign treasurer, the campaign treasurer must comply with all the requirements of this subchapter, even if the committee has not yet exceeded $910 [$870] in political contributions or expenditures.

(c) With the exception of the campaign treasurer appointment, the individual named as a committee's campaign treasurer is legally responsible for filing all reports of the specific-purpose committee, including a report following the termination of his or her appointment as campaign treasurer.

§20.313. Converting to a General-Purpose Committee.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE

§20.313. Converting to a General-Purpose Committee.

(a) A specific-purpose committee that changes its operation and becomes a general-purpose committee is subject to the requirements applicable to a general-purpose committee as of the date it files its campaign treasurer appointment as a general-purpose committee with the commission.

(b) The campaign treasurer of a specific-purpose committee that becomes a general-purpose committee must deliver written notice of its change in status to the authority with whom the committee was required to file as a specific-purpose committee.

(c) The notice required under subsection (b) of this section is due no later than the next deadline for filing a report under this subchapter that:

    (1) occurs after the committee's change in status; and

    (2) would be applicable to the political committee if it were still a specific-purpose committee.

(d) The notice must state that future reports will be filed with the commission.

(e) The notice required under subsection (b) of this section is in addition to the requirement that the new general-purpose committee file a campaign treasurer appointment with the commission before it exceeds $910 [$870] in political expenditures or $910 [$870] in political contributions as a general-purpose committee.

§20.329. Modified Reporting.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE

§20.329. Modified Reporting.

(a) A specific-purpose committee that would otherwise be required to file pre-election reports and a runoff report, if necessary, may choose to file under the modified schedule if the committee does not intend to accept more than $930 [$900] in political contributions or make more than $930 [$900] in political expenditures (excluding filing fees) in connection with any election in an election cycle.

(b) Under the modified schedule, the campaign treasurer of a specific-purpose committee is not required to file pre-election reports or a runoff report.

(c) To select modified filing, a specific-purpose committee must file a declaration of the committee's intent not to accept more than $930 [$900] in political contributions or make more than $930 [$900] in political expenditures (excluding filing fees) in connection with the election. The declaration must include a statement that the committee understands that if either one of those limits is exceeded, the committee's campaign treasurer will be required to file pre-election reports and, if necessary, a runoff report.

(d) A declaration under subsection (c) of this section is filed with the committee's campaign treasurer appointment.

(e) To file under the modified schedule, a specific-purpose committee must file the declaration required under subsection (c) of this section no later than the 30th day before the first election to which the declaration applies. A declaration filed under subsection (c) of this section is valid for one election cycle only.

(f) Except as provided by subsection (g) of this section, a specific-purpose committee's campaign treasurer must file pre-election reports and, if necessary, a runoff report under the schedule set out in §20.325 of this title (relating to Pre-election Reports) and §20.327 of this title (relating to Runoff Report) if the committee exceeds either of the $930 [$900] limits for modified reporting.

(g) If a specific-purpose committee exceeds either of the $930 [$900] limits for modified reporting after the 30th day before the election, the committee's campaign treasurer must file a report not later than 48 hours after exceeding the limit.

    (1) The period covered by a 48-hour report shall begin either on the day the committee's campaign treasurer appointment was filed (if it is the committee's first report of contributions and expenditures) or on the first day after the period covered by the last report (other than a special pre-election report or special session report) filed under this subchapter, as applicable.

    (2) The period covered by a 48-hour report shall continue through the day the committee exceeded one of the limits for modified reporting.

(h) A specific-purpose committee that exceeds either of the $930 [$900] limits for modified reporting after the 30th day before the election and on or before the 10th day before the election must file a report under §20.325(f) of this title (relating to Pre-Election Reports), in addition to any required special pre-election reports.

§20.331. Contents of Specific-Purpose Committee Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE

§20.331. Contents of Specific-Purpose Committee Sworn Report of Contributions and Expenditures.

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 specific-purpose committee;

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

    (3) the full name of the specific-purpose committee's campaign treasurer;

    (4) the residence or business street address of the specific-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) for each candidate supported or opposed by the specific-purpose committee:

      (A) the full name of the candidate;

      (B) the office sought by the candidate; and

      (C) an indication of whether the committee supports or opposes the candidate;

    (8) for each officeholder assisted by the specific-purpose committee:

      (A) the full name of the officeholder;

      (B) the office held by the officeholder; and

      (C) an indication of whether the committee supports or opposes the officeholder;

    (9) for each measure supported or opposed by the specific-purpose committee:

      (A) a description of the measure; and

      (B) an indication of whether the committee supports or opposes the measure;

    (10) for each political expenditure by the committee that was made as a political contribution to a candidate, officeholder, or another political committee and that was returned to the specific-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 specific-purpose committee;

    (11) on a separate page, the following information for each expenditure from political contributions made to a business in which the candidate has a participating interest of more than 10%, holds a position on the governing body of the business, or serves as an officer of the business:

      (A) the full name of the business to which the expenditure was made;

      (B) the address of the business to which the expenditure was made;

      (C) the date of the expenditure;

      (D) the purpose of the expenditure; and

      (E) the amount of the expenditure;

    (12) if the specific-purpose committee supports or opposes measures exclusively, for each contribution accepted from a labor organization or 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;

    (13) for each person from whom the specific-purpose committee accepted a political contribution (other than a pledge, loan, or a guarantee of a loan) of more than $90 in value or political contributions (other than pledges, loans, or guarantees of loans) that total more than $90 in value:

      (A) the full name of the person;

      (B) the address of the person;

      (C) the total amount of contributions;

      (D) the date each contribution was accepted; and

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

    (14) for each person from whom the specific-purpose committee accepted a pledge or pledges to provide more than $90 in money or to provide goods or services worth more than $90:

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

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

      (C) the amount of the pledge;

      (D) the date each pledge was accepted; and

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

    (15) the total of all pledges accepted during the period for $90 and less from a person, except those reported under paragraph (14) of this section;

    (16) for each person making a loan or loans to the specific-purpose committee for campaign or officeholder purposes if the total amount loaned by the person during the period is more than $90:

      (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;

    (17) the total amount of loans accepted during the period for $90 and less from persons other than financial institutions engaged in the business of making loans for more than one year, except those reported under paragraph (16) of this section;

    (18) for political expenditures made during the reporting period that total more than $190 [$180] 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; and

      (E) the amount of the expenditure;

    (19) for each direct campaign expenditure benefiting a candidate or officeholder, except for a direct campaign expenditure made by a committee supporting only one candidate or officeholder:

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

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

    (20) for each non-political expenditure made from political contributions, other than expenditures reported under paragraph (11) of this section:

      (A) the date of each expenditure;

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

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

      (D) the purpose of the expenditure; and

      (E) the amount of the expenditure;

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

    (22) any credit, interest, rebate, refund, reimbursement, or return of a deposit fee resulting from the use of a political contribution or an asset purchased with a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (23) any proceeds of the sale of an asset purchased with a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (24) any other gain from a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (25) any investment purchased with a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (26) the full name and address of each person from whom an amount described by paragraph (22), (23), (24), or (25) of this section is received, the date the amount is received, and the purpose for which the amount is received;

    (27) 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 $90 and less;

      (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 $190 [$180] and less; and

      (E) the total amount of all political expenditures; and

    (28) 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."

§20.333. Special Pre-Election Report by Certain Specific-Purpose Committees.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE

§20.333. Special Pre-Election Report by Certain Specific-Purpose Committees.

(a) As provided by subsection (b) of this section, certain specific-purpose committees must file reports about certain contributions accepted during the period that begins on the ninth day before an election and ends at noon on the day before an election. Reports under this section are known as "special pre-election" reports.

(b) A campaign treasurer for a specific-purpose committee for supporting or opposing a candidate for an office specified by §252.005(1), Election Code, that, during the period described in subsection (a) of this section, accepts one or more political contributions from a person that in the aggregate exceed $1,860 [$1,790] must file special pre-election reports.

(c) Except as provided in subsection (e) of this section, the campaign treasurer of a specific-purpose committee must file a report so that the report is received by the commission no later than the first business day after the committee accepts a contribution from a person that triggers the requirement to file the special pre-election report.

(d) If, during the reporting period for special pre-election contributions, a committee receives additional contributions from a person whose previous contribution or contributions have triggered the requirement to file a special pre-election report during the period, the campaign treasurer for the committee must file an additional special pre-election report for each such contribution. Except as provided in subsection (e) of this section, each such special pre-election report must be filed so that it is received by the commission no later than the first business day after the committee accepts the contribution.

(e) The campaign treasurer of a specific-purpose committee must file a special pre-election report for each person whose contribution or contributions made during the period for special pre-election reports exceed the threshold for special pre-election reports.

(f) A campaign treasurer of a specific-purpose committee must also report contributions reported on a special pre-election report on the next semiannual, pre-election, or runoff report filed, as applicable.

§20.401. Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE

§20.401. Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committees.

(a) A general-purpose committee may not accept political contributions exceeding $910 [$870] and may not make or authorize political expenditures exceeding $910 [$870] without filing a campaign treasurer appointment with the commission.

(b) Unless the committee's campaign treasurer appointment was filed not later than the 30th day before the appropriate election day, a general-purpose committee may not knowingly make or authorize campaign contributions or campaign expenditures exceeding $910 [$870] to support or oppose a candidate in a primary or general election for the following:

    (1) a statewide office;

    (2) a seat in the state legislature;

    (3) a seat on the State Board of Education;

    (4) a multi-county district office; or

    (5) a judicial district office filled by voters of only one county.

§20.405. Campaign Treasurer Appointment for a General-Purpose [Political] Committee.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE

§20.405. Campaign Treasurer Appointment for a General-Purpose [Political] Committee.

(a) A general-purpose committee may appoint a campaign treasurer at any time before exceeding the thresholds described in §20.401(a) of this title (relating to Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee).

(b) After a general-purpose committee appoints a campaign treasurer, the campaign treasurer must comply with all the requirements of this subchapter, even if the committee has not yet exceeded $910 [$870] in political contributions or expenditures.

(c) With the exception of the campaign treasurer appointment, the individual named as a committee's campaign treasurer is legally responsible for filing all reports of the general-purpose committee, including a report following the termination of his or her appointment as campaign treasurer.

§20.433. Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE

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

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 $90 in value, or political contributions other than pledges or loans that total more than $90 in value (or more than $20 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 $90 in money or to provide goods or services worth more than $90 (more than $20 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 $90 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 $90 (more than $20 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 $90 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 $190 [$180] (more than $20 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;

      (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 expenditure;

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

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

      (D) the purpose of the expenditure;

      (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.

    (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) any credit, interest, rebate, refund, reimbursement, or return of a deposit fee resulting from the use of a political contribution or an asset purchased with a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (21) any proceeds of the sale of an asset purchased with a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (22) any other gain from a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (23) any investment purchased with a political contribution that is received during the reporting period and the amount of which exceeds $120; [$130;]

    (24) the full name and address of each person from whom an amount described by paragraph (20), (21), (22), or (23) of this section is received, the date the amount is received, and the purpose for which the amount is received;

    (25) 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 $90 and less ($20 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 $190 [$180] and less ($20 and less for a general-purpose committee reporting monthly); and

      (E) the total amount of all political expenditures; and

    (26) 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."

§20.434. Alternate Reporting Requirements for General-Purpose Committees.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE

§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 $27,000 [$25,860] 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 $190 [$180] instead of the threshold reporting amount of $90 set out in §20.433(a)(11) and (a)(20)(B) of this title.

(d) A monthly 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 $40 instead of the threshold reporting amount of $20 set out in §20.433(a)(11) and (a)(20)(B) of this title.

§20.435. Special Pre-Election Reports by Certain General-Purpose Committees.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE

§20.435. Special Pre-Election Reports by Certain General-Purpose Committees.

(a) In addition to other reports required by this chapter, a general-purpose committee must file a special pre-election report if the committee is involved in an election and if it:

    (1) makes direct campaign expenditures supporting or opposing a single candidate that in the aggregate exceed $1,860 [$1,790] or a group of candidates that in the aggregate exceed $27,950 [$26,780] during the reporting period for special pre-election reports; or

    (2) accepts political contributions from a person that in the aggregate exceed $6,370 [$6,090] during the reporting period for special pre-election reports.

(b) The period for special pre-election reports begins on the ninth day before election day and ends at noon on the day before election day.

(c) Except as provided by subsection (d) of this section, a report under this section must be received by the commission no later than the first business day after the contribution is accepted or the expenditure is made.

(d) A special pre-election report that is exempt from electronic filing under §254.036(c), Election Code, must be received by the commission no later than 5 p.m. of the first business day after the contribution is accepted or the expenditure is made.

(e) Expenditures and contributions reported under this section must be reported again in the next applicable sworn report of contributions and expenditures.

§20.553. Campaign Treasurer Appointment Not Required for County Executive Committee Accepting Contributions or Making Expenditures under Certain Amount.br/> (effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

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

§20.553. Campaign Treasurer Appointment Not Required for County Executive Committee Accepting Contributions or Making Expenditures under Certain Amount.

(a)  A county executive committee accepting political contributions or making political expenditures totaling $33,750 [$32,320] 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 Certain Amount.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

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

§20.555. County Executive Committee Accepting Contributions or Making Expenditures That Exceed Certain Amount.

(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 $33,750 [$32,320] 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 §253.104 of the Election Code and reported under Subchapter H of this chapter (relating to Accepting and Reporting Contributions from Corporations and Labor Organizations) do not count against the $33,750 [$32,320] thresholds described in subsection (b) of this section.

(d) A county executive committee that filed a campaign treasurer appointment may file a final report, which will notify the commission that the county executive committee does not intend to file future reports unless it exceeds one of the $33,750 [$32,320] thresholds. The final report may be filed:

    (1) beginning on January 1 and by the January 15 filing deadline if the committee has exceeded one of the $33,750 [$32,320] thresholds in the previous calendar year; or

    (2) at any time if the committee has not exceeded one of the $33,750 [$32,320] thresholds in the calendar year.

§22.1. Certain Campaign Treasurer Appointments Required before Political Activity Begins
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

§22.1. Certain Campaign Treasurer Appointments Required before Political Activity Begins.

(a) An individual must file a campaign treasurer appointment with the proper authority before accepting a campaign contribution or making or authorizing a campaign expenditure.

    (1) An officeholder may accept an officeholder contribution and make or authorize an officeholder expenditure without a campaign treasurer appointment on file.

    (2) An officeholder who does not have a campaign treasurer appointment on file may not accept a campaign contribution or make or authorize a campaign expenditure.

(b) A political committee may not accept political contributions exceeding $910 [$870] and may not make or authorize political expenditures exceeding $910 [$870] without filing a campaign treasurer appointment with the appropriate filing authority.

(c) Unless the committee's campaign treasurer appointment was filed not later than the 30th day before the appropriate election day, a political committee may not knowingly make or authorize campaign contributions or campaign expenditures exceeding $910 [$870] to support or oppose a candidate in a primary or general election for the following:

    (1) a statewide office;

    (2) a seat in the state legislature;

    (3) a seat on the State Board of Education;

    (4) a multi-county district office; or

    (5) a judicial district office filled by voters of only one county.

(d) This section does not apply to the county executive committee of a political party except as provided in Chapter 20, Subchapter I of this title (relating to Rules Applicable to a Political Party's County Executive Committee).

§22.6. Reporting Direct Campaign Expenditures.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

§22.6. Reporting Direct Campaign Expenditures.

(a) Section 254.261 of the Election Code applies to a person who, not acting in concert with another person, makes one or more direct campaign expenditures that exceed $140 [$130] in an election from the person's own property.

(b) For purposes of Section 254.261 of the Election Code, "acting in concert" means acting in cooperation or consultation with another, or under an express or implied agreement, to pursue a common activity. Evidence of acting in concert can be provided by showing that persons are:

    (1) using the same consultants;

    (2) using the same person to purchase media;

    (3) sharing mailing lists;

    (4) sharing email lists;

    (5) sharing telephone lists;

    (6) exchanging drafts or final proofs of political advertising;

    (7) meeting with a candidate, or a candidate's agent or staff regarding campaign communications, including but not limited to talking points, campaign themes, campaign communication schedules, and campaign events;

    (8) sharing research on candidates or measures; or

    (9) sharing polling data.

§22.7. Contribution from Out-of-State Committee.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

§22.7. Contribution from Out-of-State Committee.

(a) For each reporting period during which a candidate, officeholder, or political committee accepts a contribution or contributions from an out-of-state political committee totaling more than $930, [$900,] the candidate, officeholder, or political committee must comply with subsections (b) and (c) of this section.

(b) The candidate, officeholder, or political committee covered by subsection (a) of this section must first obtain from the out-of-state committee one of the following documents before accepting the contribution that causes the total received from the out-of-state committee to exceed $930 [$900] during the reporting period:

    (1) a written statement, certified by an officer of the out-of-state political committee, listing the full name and address of each person who contributed more than $190 [$180] to the out-of-state political committee during the 12 months immediately preceding the date of the contribution; or

    (2) a copy of the out-of-state political committee's statement of organization filed as required by law with the Federal Election Commission and certified by an officer of the out-of-state committee.

(c) The document obtained pursuant to subsection (b) of this section shall be included as part of the report that covers the reporting period in which the candidate, officeholder, or political committee accepted the contribution that caused the total accepted from the out-of-state committee to exceed $930. [$900.]

(d) A candidate, officeholder, or political committee that:

    (1) receives contributions covered by subsection (a) of this section from the same out-of-state committee in successive reporting periods; and

    (2) complies with subsection (b)(2) of this section before accepting the first contribution triggering subsection (a) of this section, may comply with subsection (c) of this section in successive reporting periods by submitting a copy of the certified document obtained before accepting the first contribution triggering subsection (a) of this section, rather than by obtaining and submitting an original certified document for each reporting period, provided the document has not been amended since the last submission.

(e) A candidate, officeholder, or political committee that accepts a contribution or contributions totaling $930 [$900] or less from an out-of-state political committee shall include as part of the report covering the reporting period in which the contribution or contributions are accepted either:

    (1) a copy of the out-of-state committee's statement of organization filed as required by law with the Federal Election Commission and certified by an officer of the out-of-state committee; or

    (2) the following information:

      (A) the full name of the committee, and, if the name is an acronym, the words the acronym represents;

      (B) the address of the committee;

      (C) the telephone number of the committee;

      (D) the name of the person appointing the campaign treasurer; and

      (E) the following information for the individual appointed campaign treasurer and assistant campaign treasurer:

        (i) the individual's full name;

        (ii) the individual's residence or business street address; and

        (iii) the individual's telephone number.

(f) This section does not apply to a contribution from an out-of-state political committee if the committee filed a campaign treasurer appointment with the commission before making the contribution.

§34.41. Expenditure Threshold.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 34. REGULATION OF LOBBYISTS

Subchapter B. REGISTRATION REQUIRED

§34.41. Expenditure Threshold.

(a) A person must register under Government Code, §305.003(a)(1), if the person makes total expenditures of more than $810 [$780] in a calendar quarter, not including expenditures for the person's own travel, food, lodging, or membership dues, on activities described in Government Code, §305.006(b), to communicate directly with one or more members of the legislative or executive branch to influence legislation or administrative action.

(b) An expenditure made by a member of the judicial, legislative, or executive branch of state government or an officer or employee of a political subdivision of the state acting in his or her official capacity is not included for purposes of determining whether a person is required to register under Government Code, §305.003(a)(1).

(c) An expenditure made in connection with an event to promote the interests of a designated geographic area or political subdivision is not included for purposes of determining whether a person has crossed the registration threshold in Government Code, §305.003(a)(1), if the expenditure is made by a group that exists for the limited purpose of sponsoring the event or by a person acting on behalf of such a group.

§34.43. Compensation and Reimbursement Threshold.
(effective January 1, 2021)
Text of Proposed Rule

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

Chapter 34. REGULATION OF LOBBYISTS

Subchapter B. REGISTRATION REQUIRED

§34.43. Compensation and Reimbursement Threshold.

(a) A person must register under Government Code, §305.003(a)(2), if the person receives, or is entitled to receive under an agreement under which the person is retained or employed, more than $1,620 [$1,560] in a calendar quarter in compensation and reimbursement, not including reimbursement for the person's own travel, food, lodging, or membership dues, from one or more other persons to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action.

(b) For purposes of Government Code, §305.003(a)(2), and this chapter, a person is not required to register if the person spends not more than 40 hours for which the person is compensated or reimbursed during a calendar quarter engaging in lobby activity, including preparatory activity as described by §34.3 of this title.

(c) For purposes of Government Code, §305.003(a)(2), and this chapter, a person shall make a reasonable allocation of compensation between compensation for lobby activity and compensation for other activities.