Rules

PROPOSED RULES

At its November 29, 2012, meeting, the Texas Ethics Commission voted to propose the following rules. The Ethics Commission invites public comment on the rule. 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 rule may do so at any commission meeting during the public comment period at a commission meeting when the commission considers the proposed rule. Information concerning the time and location of commission meetings is available at http://www.ethics.state.tx./meetings/ or by telephoning (512) 463-5800.

Administrative Waiver of Fine
Text of Proposed Rule

Legislative Per Diem
Text of Proposed Rule

Administrative Waiver of Fine
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

§ 18.23. Administrative Waiver of Fine

(a) A filer may request the executive director to waive a late fine by submitting an affidavit to the executive director that states facts that establish that

(1) the report was filed late because of a medical emergency or condition that involved the filer, a family member or relative of the filer, a member of the filer’s household, or a person whose usual job duties include preparation of the report;

(2) the filer of the personal financial disclosure report is not an elected official, a candidate for election, or a salaried public servant, and the late report:

(A) was the first personal financial disclosure report filed late by the filer under Government Code chapter 572; and

(B) was filed no later than 30 days after the individual was notified that the report appeared to be late;

(3) the filer of the personal financial disclosure report was an unopposed candidate in a primary election, and the late report:

(A) was the first personal financial disclosure report filed late by the filer under Government Code chapter 572; and

(B) was filed before the primary election.

(4)[(3)] the filer of the campaign finance report:

(A) had filed all previous reports by the applicable deadline;

(B) had no contributions, expenditures, or loans to report; and

(C) filed the report no later than 30 days after the filer was notified that the report appeared to be late;

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

(6)[(5)] other administrative error by the agency.

(b) If, in the executive director’s discretion, the affidavit establishes grounds for a waiver under this section, the executive director shall waive the fine.

Legislative Per Diem
Text of Proposed Rule

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

Chapter 50. LEGISLATIVE SALARIES AND PER DIEM

§ 50.1. Legislative Per Diem

(a) The legislative per diem is $179[$150]. The per diem is intended to be paid to each member of the legislature and the lieutenant governor for each day during the regular session and for each day during any special session.

(b) If necessary, this rule shall be applied retroactively to ensure payment of the $179 per diem for 2013.[2011]