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Rules

PROPOSED RULE

At its August 11, 2011, meeting, the Texas Ethics Commission voted to propose the following rules.  The Ethics Commission invites public comment on the rules.  A written statement should be mailed or delivered to Natalia Luna Ashley, Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070, or by facsimile (FAX) to (512) 463-5777.  A person who wants to offer spoken comments to the commission concerning the proposed rules may do so at any commission meeting during the public comment period at a commission meeting when the commission considers the proposed rules.  Information concerning the time and location of commission meetings is available at http://www.ethics.state.tx./meetings/ or by telephoning (512) 463-5800.

Political Contributions Maintained
Text of Proposed Rule

Staff Reimbursement
Text of Proposed Rule

Content of Candidate’s Report
Text of Proposed Rule

Content of Officeholder’s Report
Text of Proposed Rule

Content of Specific-Purpose Committee Report
Text of Proposed Rule

Content of General-Purpose Committee Report
Text of Proposed Rule

Direct Campaign Expenditures
Text of Proposed Rule

Restrictions on Corporate and Labor Organization
Contributions and Expenditures
Text of Proposed Rule

Direct Campaign Expenditures on Measure
Text of Proposed Rule

Lobby Registration
Text of Proposed Rule

Political Contributions Maintained
Text of Proposed Rule

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

Chapter 20. Reporting Political Contributions and Expenditures

§ 20.50. Total Political Contributions Maintained

(a) For purposes of Election Code §§ 254.031(a)(8) and 254.0611(a)(1), the total amount of political contributions maintained in one or more accounts includes the following:

(b) For purposes of Election Code §§ 254.031(a)(8) and 254.0611(a)(1), the total amount of political contributions maintained includes [does not include] personal funds that the filer intends to use for political expenditures only if the funds have been deposited in an account in which political contributions are held as permitted by Election Code § 253.0351(c).

Staff Reimbursement
Text of Proposed Rule

§ 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 $5000 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:

(c) The $100 threshold set out in subsection (a) of this section applies to an expenditure required to be disclosed on a report due on or after September 28, 2011.

Contents of Candidate’s Committee Reports
Text of Proposed Rule

§ 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:

(1) the candidate's full name;

(2) the candidate's address;

(3) the office sought by the candidate, if known;

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

(5) the campaign treasurer's name;

(6) the campaign treasurer's telephone number;

(7) the campaign treasurer's residence or business street address;

(8) for each political committee from which the candidate received notice under § 20.319 of this title (relating to Notice to Candidate or Officeholder) or § 20.421 of this title (relating to Notice to Candidate or Officeholder):

[(9) for each individual making a reportable direct campaign expenditure from whom the candidate received notice under § 22.5 of this title (relating to Direct Campaign Expenditures):]

(9) [(10)] 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:

(10) [(11)] for each person from whom the candidate accepted a political contribution (other than a pledge, loan, or a guarantee of a loan) of more than $50 in value or political contributions (other than pledges, loans, or guarantees of loans) that total more than $50 in value:

(11) [(12)] for each person from whom the candidate accepted a pledge or pledges to provide more than $50 in money or goods or services worth more than $50:

(12) [(13)] for each person making a loan or loans to the candidate for campaign purposes if the total amount loaned by the person during the period is more than $50:

(13) [(14)] the total amount of loans accepted during the period for $50 and less from persons other than financial institutions engaged in the business of making loans for more than one year, except for a loan reported under paragraph (12) of this section;

(14) [(15)] for political expenditures made during the reporting period that total more than $100 [$50] to a single payee, other than expenditures reported under paragraph (9) of this section:

(15) [(16)] for each political expenditure of any amount made out of personal funds for which reimbursement from political contributions is intended:

(16) [(17)] for each non-political expenditure made from political contributions, other than expenditures reported under paragraph (9) [(10)] of this section:

(17) [(18)] for each other candidate or officeholder who benefits from a direct campaign expenditure made by the candidate during the reporting period:

(18) [(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);

(19) [(20)] the following total amounts:

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

(21) [(22)] an affidavit, executed by the candidate, 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.”

Contents of Officeholder Reports
Text of Proposed Rule

§ 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:

(1) the officeholder’s full name;

(2) the officeholder’s address;

(3) the office held by the officeholder;

(4) for each political committee from which the officeholder received notice under § 20.319 of this title (relating to Notice to Candidate or Officeholder) or § 20.421 of this title (relating to Notice to Candidate or Officeholder):

(5) on a separate page, the following information for each expenditure from political contributions made to a business in which the officeholder 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:

(6) for each person from whom the officeholder accepted a political contribution (other than a pledge, loan, or a guarantee of a loan) of more than $50 in value or political contributions (other than pledges, loans, or guarantees of loans) that total more than $50 in value:

(7) for each person from whom the officeholder accepted a pledge or pledges to provide more than $50 in money or goods or services worth more than $50:

(8) the total of all pledges accepted during the period for $50 and less from a person, except those reported under paragraph (7) of this section;

(9) for each person making a loan or loans to the officeholder for officeholder purposes, if the total amount loaned by the person during the period is more than $50:

(10) the total amount of loans accepted during the period for $50 and less from persons other than financial institutions engaged in the business of making loans for more than one year, except those reported under paragraph (9) of this section;

(11) for political expenditures made during the reporting period that total more than $100 [$50] to a single payee, other than expenditures reported under paragraph (5) of this section:

(12) for each political expenditure of any amount made out of personal funds for which reimbursement from political contributions is intended:

(13) for each non-political expenditure made from political contributions, other than expenditures reported under paragraph (5) of this section:

(14) for each candidate or other officeholder who benefits from a direct campaign expenditure made by the officeholder during the reporting period:

(15) 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);

(16) the following total amounts:

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

(18) an affidavit, executed by the officeholder, 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."

Contents of Specific-Purpose Committee Reports
Text of Proposed Rule

§ 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: 

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

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

(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: 

(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: 

(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): 

(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 $50 in value or political contributions (other than pledges, loans, or guarantees of loans) that total more than $50 in value: 

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

(15) the total of all pledges accepted during the period for $50 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 $50: 

(17) the total amount of loans accepted during the period for $50 and less from persons other than financial institutions engaged in the business of making loans for more than one year, except those reported under paragraph (16) of this section; 

(18) for political expenditures made during the reporting period that total more than $100 [$50] to a single payee: 

(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: 

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

(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) the following total amounts: 

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

(24) 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.”

Contents of General-Purpose Committee Reports
Text of Proposed Rule

§ 20.433. Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures 
(a) Semiannual reports, pre-election reports, and runoff reports must cover reportable activity during the reporting period and must include the following information: 

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

 

Direct Campaign Expenditures
Text of Proposed Rule

Chapter 22. Restrictions On Contributions and Expenditures

§ 22.6. Reporting Direct Campaign Expenditures

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 $100 in an election from the person’s own property.

[(a) A person making a direct campaign expenditure that exceeds $100:]

[(b) Except as provided by subsection (c) of this section, a person is not required to file a report as required by this section if:]

[(c) A general-purpose committee that files under the monthly reporting schedule option in section 254.155 of the Election Code is not subject to the requirements to file 30-day and 8-day pre-election reports but is subject to the requirements to file special pre-election reports.]

[(d) A person making a direct campaign expenditure consisting of the person’s personal travel expenses is not required to disclose the expenditures under this section, provided that the person receives no reimbursement for the expenditures.]

[(e) A political committee is subject to the restrictions in Title 15 of the Election Code.]

Restrictions on Corporate and Labor Organization
Contributions and Expenditures
Text of Proposed Rule

Chapter 24. Restrictions on Contributions and Expenditures
Applicable to Corporations and Labor Organizations

[§ 24.3. Prohibitions on Contributions and Expenditures]

[(a) A corporation or labor organization may not make a political contribution or political expenditure that is not authorized by this chapter.]

[(b) A corporation or labor organization may not make a political contribution or political expenditure in connection with a recall election or in connection with the circulation or submission of a petition to call a recall election.]

Direct Campaign Expenditures
Text of Proposed Rule

[§ 24.9. Direct Expenditure on Measure]
[A corporation or labor organization not acting in concert with another person may make one or more direct campaign expenditures from its own property in connection with an election on a measure if the corporation or labor organization makes the expenditures in accordance with § 22.5 of this title (relating to Direct Campaign Expenditures) as if the corporation or labor organization were an individual.]

Lobby Registration
Text of Proposed Rule

Chapter 34. Regulation of Lobbyists

§ 34.46. Registration under Section 305.0041 of the Government Code

(a) For purposes of the $75 [$50] 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:

(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 [$500] registration fee set by Section 305.005(c)(3) of the Government Code.

(d) An independent contractor who qualifies for the $75 [$50] 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 [$500] registration fee set by Section 305.005(c)(3) of the Government Code.