Rules

PROPOSED RULES

At its December 14, 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.

Content of Candidate’ 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

Prohibition on Contributions during Regular Session
Text of Proposed Rule

Prohibition on Contributions in the Capitol
Text of Proposed Rule

Payments Made To Purchase Real Property
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:

(1) – (8) No change.

(9) 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 person to whom the expenditure was made;

(C) the date of the expenditure;

(D) the purpose of the expenditure [nature of the goods or services for which the expenditure was made]; and

(E) the amount of the expenditure;

(10) – (15) No change.

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

(A) the date of each expenditure [payment];

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

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

(D) the purpose of the expenditure [nature of the goods or services for which the payment was made]; and

(E) the amount of the expenditure [payment];

(17) – (18) No change.

(19) 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 $100;

(20) 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 $100;

(21) any other gain from a political contribution that is received during the reporting period and the amount of which exceeds $100;

(22) any investment purchased with a political contribution that is received during the reporting period and the amount of which exceeds $100;

(23) the full name and address of each person from whom an amount described by paragraph (19), (20), (21), or (22) of this section is received, the date the amount is received, and the purpose for which the amount is received;

(24) [(19)] 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 $50 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 $100 and less; and

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

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

(25) [(21)] 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.

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:

(1) – (4) No change.

(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:

(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 [nature of the goods or services for which the expenditure was made]; and

(E) the amount of the expenditure;

(6) – (10) No change.

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

(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 [, for example, the nature of the goods or services for which the expenditure was made]; and

(E) the amount of the expenditure;

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

(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 each expenditure;

(D) the purpose of the expenditure [, for example, the nature of the goods or services for which the expenditure was made];

(E) a declaration that the expenditure was made from personal funds;

(F) a declaration that reimbursement from political contributions is intended; and

(G) the amount of the expenditure;

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

(A) the date of each expenditure [payment];

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

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

(D) the purpose of the expenditure [, for example, nature of the goods or services for which the payment was made]; and

(E) the amount of the expenditure [payment];

(14) – (15) No change.

(16) 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 $100;

(17) 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 $100;

(18) any other gain from a political contribution that is received during the reporting period and the amount of which exceeds $100;

(19) any investment purchased with a political contribution that is received during the reporting period and the amount of which exceeds $100;

(20) the full name and address of each person from whom an amount described by paragraph (16), (17), (18), or (19) of this section is received, the date the amount is received, and the purpose for which the amount is received;

(21) [(16)] 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 $50 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 $100 and less; and

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

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

(22) [(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.”

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) – (10) No change.

(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 [nature of the goods or services for which the expenditure was made]; and

(E) the amount of the expenditure;

(12) – (17) No change.

(18) for political expenditures made during the reporting period that total more than $100 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 [, for example, the goods or services for which the expenditure was made]; and

(E) the amount of the expenditure;

(19) No change.

(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 each expenditure [the payment];

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

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

(D) the purpose of the expenditure [nature of the goods or services for which the payment was made]; and

(E) the amount of the expenditure [payment];

(21) No change.

(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 $100;

(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 $100;

(24) any other gain from a political contribution that is received during the reporting period and the amount of which exceeds $100;

(25) any investment purchased with a political contribution that is received during the reporting period and the amount of which exceeds $100;

(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) [(22)] 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 $50 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 $100 and less; and

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

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

(28) [(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.”

Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL-PURPOSE COMMITTEE

§ 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:

(1) – (15) No changes.

(16) for political expenditures made during the reporting period that total more than $100 (more than $10 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 [, for example, the goods or services for which the expenditure was made]; and

(E) the amount of the expenditure;

(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 [payment];

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

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

(D) the purpose of the expenditure [nature of the goods or services for which the payment was made];

(E) the amount of the expenditure [payment]; 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) – (19) No change.

(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 $100;

(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 $100;

(22) any other gain from a political contribution that is received during the reporting period and the amount of which exceeds $100;

(23) any investment purchased with a political contribution that is received during the reporting period and the amount of which exceeds $100;

(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) [(20)] 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 $50 and less ($10 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 $100 and less ($10 and less for a general-purpose committee reporting monthly); and

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

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

(26) [(22)] 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.“

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

Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

§ 22.11. Prohibition on Contributions during Regular Session

(a) During the period that begins on the 30th day before the date a regular legislative session convenes and continuing through the 20th day after the date of final adjournment, [ends on the day of final adjournment,] a person may not knowingly make a political contribution to:

(1) a statewide officeholder or officer-elect;

(2) a member of the legislature or member-elect; or

(3) a specific-purpose committee for supporting, opposing, or assisting a statewide officeholder or officer-elect [officeholder elect] or member or member-elect of the legislature.

(b) An individual or committee described in subsection (a) of this section may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period prescribed by subsection (a) of this section.

(c) A political contribution that is received and refused pursuant to this section shall be returned to the contributor not later than the 30th day after the date of receipt.

(d) A contribution made by United States mail or by common or contract carrier is not considered received during the period prescribed by subsection (a) of this section if it was deposited into an official repository of the United States Postal Service or delivered to a common or contract carrier with postage prepaid and properly addressed before the beginning of the period. The date of the postmark or common or contact carrier documents is considered to be the date the contribution was placed in the mail or delivered to the common or contract carrier unless proven otherwise.

(e) This section does not apply to a political contribution that was made and accepted with the intent that it be used:

(1) in an election held or ordered during the period prescribed by subsection (a) of this section in which the person accepting the contribution is a candidate if the contribution was made after the person appointed a campaign treasurer with the appropriate authority and before the person was sworn in for that office;

(2) to defray expenses incurred in connection with an election contest; or

(3) by a person who holds a statewide office or a member of the legislature, if the person or member was defeated at the general election held immediately before the session is convened, or by a specific-purpose political committee that supports or assists only that person or member.

[(f) This section does not apply to contributions offered or accepted during a special session.]

§ 22.13. Contributions in the Capitol Prohibited

[(a) A person may not knowingly make or authorize a political contribution while in the Capitol to:]

[(1) a candidate or officeholder;]

[(2) a political committee; or]

[(3) a person acting on behalf of a candidate, officeholder, or political committee.]

[(b) A candidate, officeholder, or political committee or a person acting on behalf of a candidate, officeholder, or political committee may not knowingly accept a political contribution, and shall refuse a political contribution that is received in the Capitol.]

[(c)]In section 253.039 of the Election Code, the [The] term “Capitol” [for purposes of this rule] includes the Capitol Building and the Capitol Extension, and any office that is being used as the official capitol office for a member of the legislature, the governor, the lieutenant governor, or the secretary of state.

[(d) This section does not prohibit contributions delivered in the Capitol through the United States Postal Service or a common or contract carrier.]

[§ 22.15. Prohibition on Payments Made To Purchase Real Property]

[(a) A candidate or officeholder, or a specific-purpose committee for supporting, opposing, or assisting a candidate or officeholder, may not knowingly make or authorize a payment from a political contribution to purchase real property, or to pay the interest on or principal of a note for the purchase of real property.]

[(b) Subsection (a) of this section does not apply to a payment made in connection with real property that was purchased before January 1, 1992.]