Rules
PROPOSED RULES
At its February 28, 2020, meeting, the Texas Ethics Commission voted to propose the following new or amended rules: §§8.1, 8.3, 8.5, 8.7, 8.11, 8.13, 8.15, 8.17, 8.18, 8.19, 12.29, 12.30, 12.34, 12.83, 12.84, 20.1, 22.35, 24.18 and 24.19. The text of the new or amended rules is located below.
The Commission invites public comment on the proposals. A written statement should be emailed to public_comment@ethics.state.tx.us, or mailed or delivered to Anne Temple Peters, Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070. A person who wants to offer spoken comments to the Commission concerning a proposed rule may do so during the public comment period at the Commission meeting when the Commission considers the proposed rule. Information concerning the time and location of Commission meetings is available at https://www.ethics.state.tx.us/meetings/.
§8.1. Definitions.
Text of Proposed Rule
§8.3. Subject of an Advisory Opinion.
Text of Proposed Rule
§8.5. Persons Eligible to Receive an Advisory Opinion.
Text of Proposed Rule
§8.7. Request for an Advisory Opinion.
Text of Proposed Rule
§8.11. Review and Processing of a Request.
Text of Proposed Rule
§8.13. Time Period.
Text of Proposed Rule
§8.15. Publication in Texas Register; Comments.
Text of Proposed Rule
§8.17. Request Answered by Letter Response.
Text of Proposed Rule
§8.18. No Defense to Prosecution or Civil Penalty.
Text of Proposed Rule
§8.19. Confidentiality.
Text of Proposed Rule
§12.29. Subpoenas.
Text of Proposed Rule
§12.30. Subpoenas Issued by Counsel for the Respondent.
Text of Proposed Rule
§12.34. Agreed Orders.
Text of Proposed Rule
§12.83. Preliminary Review.
Text of Proposed Rule
§12.84. Notice of Preliminary Review Hearing.
Text of Proposed Rule
§20.1. Definitions.
Text of Proposed Rule
§22.35. Corporate Contributions to Certain Political Committees.
Text of Proposed Rule
§24.18. Designation of Contribution for Administrative Purposes.
Text of Proposed Rule
§24.19. Affidavit Required by a Political Committee Making a Direct Campaign Expenditure from a Political Contribution Accepted from a Corporation or Labor Organization.
Text of Proposed Rule
§8.1. Definitions.
Text of Proposed Rule
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Chapter 8. ADVISORY OPINIONS
§8.1. Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: AOR number--An advisory opinion request file number assigned by the executive director to a pending advisory opinion request in accordance with this chapter.
§8.3. Subject of an Advisory Opinion.
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Chapter 8. ADVISORY OPINIONS
§8.3. Subject of an Advisory Opinion.
(a) The commission may only [will] issue a written advisory opinion on the application of any of the following laws: [laws to a person qualified to make a request under §8.5 of this title (relating to Persons Eligible To Receive an Advisory Opinion):]
(1) Government Code, Chapter 302 (concerning Speaker of the House of Representatives);
(2) Government Code, Chapter 303 (concerning Governor for a Day and Speaker's Reunion Day Ceremonies);
(3) Government Code, Chapter 305 (concerning Registration of Lobbyists);
(4) Government Code, Chapter 572 (concerning Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest);
(5) Government Code, Chapter 2004 (concerning Representation Before State Agencies);
(6) Local Government Code, Chapter 159, Subchapter C, in connection with a county judicial officer, as defined by Section 159.051, Local Government Code, who elects to file a financial statement with the commission;
(7) Election Code, Title 15 (concerning Regulating Political Funds and Campaigns);
(8) Penal Code, Chapter 36 (concerning Bribery and Corrupt Influence);
(9) Penal Code, Chapter 39 (concerning Abuse of Office);
(10) Government Code, §2152.064 (concerning Conflict of Interest in Certain Transactions); and
(11) Government Code, §2155.003 (concerning Conflict of Interest).
(b) The commission may [will] not issue an advisory opinion that concerns the subject matter of pending litigation known to the commission.
(c) For purposes of this section, the term litigation includes a sworn complaint proceeding before the commission only if the Government Code Subchapters C - H, Chapter 2001, apply to the proceeding.
(d) An advisory opinion cannot resolve a disputed question of fact.
§8.5. Persons Eligible To Receive an Advisory Opinion.
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Chapter 8. ADVISORY OPINIONS
§8.5. Persons Eligible To Receive an Advisory Opinion.
A person who is subject to one of the laws described in § 8.3(a) of this chapter [title] (relating to Subject of Advisory Opinions) may request an opinion that advises how the law applies to that person in a specific real or hypothetical factual situation.
§8.7. Request for an Advisory Opinion.
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Chapter 8. ADVISORY OPINIONS
§8.7. Request for an Advisory Opinion.
(a) A request for an advisory opinion shall describe a specified factual situation. The facts specified may be real or hypothetical. The request must provide sufficient detail to permit the commission to provide a response to the request, including the name of the person making the request and, if applicable, the name of the person on whose behalf the request is made.
(b) A request for an advisory opinion shall be:
(1) in writing; and
(2) mailed or hand-delivered [writing. A written request may be mailed, hand-delivered, or faxed] to the commission at the agency office or emailed to the commission’s email address designated for receiving requests.
§8.11. Review and Processing of a Request.
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Chapter 8. ADVISORY OPINIONS
§8.11. Review and Processing of a Request.
(a) Upon receipt of a written request for an advisory opinion, the executive director shall [will] determine whether the request:
(1) pertains to the application of a law specified [request is one the commission will answer] under §8.3 of this chapter [title (relating to Subject of an Advisory Opinion)];
(2) meets the standing requirements of §8.5 of this chapter;
(3) meets the form requirements of §8.7 of this chapter; and
(4) cannot be answered by written response under § 8.17 of this chapter by reference to the plain language of a statute, commission rule, or advisory opinion.
(b) If the executive director determines that a request for an opinion meets the requirements of this chapter as set forth in subsections (a)(1)-(3) of this section and that the request cannot be answered by written response under §8.17 of this chapter, [the commission will answer the request,] the executive director shall [will] assign an AOR number to the request. The executive director shall notify the person making the request of the AOR number and of the proposed wording of the question to be answered by the commission.
(c) If the executive director determines that a request for an opinion does not meet the requirements of this chapter as set forth in subsections (a)(1)-(3) of this section or that the request can be answered by written response under §8.17 of this chapter, [request is one the commission cannot answer,] the executive director shall notify the person making the request of the reason the person making the request is not entitled to an advisory opinion in response to the request [will not be answered].
§8.13. Time Period.
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Chapter 8. ADVISORY OPINIONS
§8.13. Time Period.
(a) The commission shall issue an advisory opinion in response to a request that meets the requirements of this chapter not later than the 60th day after the date the commission receives the [written] request.
(b) The time available to issue an advisory opinion in response to a written request is automatically extended for 60 days pursuant to §571.092(b), Government Code. [For purposes of calculating the time period under subsection (a) of this section, an advisory opinion request is deemed to have been received on the date the executive director determines the request complies with §§8.3, 8.5, and 8.7 of this title (relating to Subject of an Advisory Opinion; Persons Eligible To Receive an Advisory Opinion; and Request for an Advisory Opinion) and assigns the request an AOR number.]
[(c) The authority granted by the Act, §1.29(b), is delegated to the staff of the commission.]
§8.15. Publication in Texas Register; Comments.
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Chapter 8. ADVISORY OPINIONS
§8.15. Publication in Texas Register; Comments.
(a) Each request assigned an AOR number under this chapter shall be published in summary form in the Texas Register.
(b) Any [interested] person may submit written comments to the commission concerning an advisory opinion request. Comments submitted should reference the AOR number.
§8.17. Request Answered by Letter Response.
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Chapter 8. ADVISORY OPINIONS
§8.17. Request Answered by Written [Letter] Response.
If the executive director determines that a request can be answered by reference to the plain language of a statute, [or a] commission rule, or advisory opinion: [if the question has already been answered by the commission, then in either case]
(1) the executive director shall [may] provide a written response to the person making the request that cites the language of the statute, [or] rule, or advisory opinion, [the prior determination,] as applicable; and
(2) the person making the request is not entitled to an advisory opinion in response to the request.
§8.18. No Defense to Prosecution or Civil Penalty.
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Chapter 8. ADVISORY OPINIONS
§8.18. No Defense to Prosecution or Civil Penalty.
A person who requests an advisory opinion does not obtain a defense to prosecution or to imposition of a civil penalty by requesting the opinion if any of the following apply:
(1) the commission is not authorized to answer the request because it does not pertain to the application of a law specified under §8.3 of this chapter;
(2) the request does not meet the standing requirements of §8.5 of this chapter;
(3) the request does not meet the form requirements of §8.7 of this chapter; or
(4) the executive director responds to the request by written response under §8.17 of this chapter.
§8.19. Confidentiality.
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Chapter 8. ADVISORY OPINIONS
§8.19. Confidentiality.
(a) The name of a person who requests an advisory opinion is confidential.
(b) The original request for an advisory opinion shall be placed in a confidential file. [No original request or copy of an original request may be removed from the agency office.]
(c) Confidentiality under subsection (a) of this section may be waived only if the person making the request for an advisory opinion provides a verified, written waiver of confidentiality to the executive director.
(d) If a request for a copy of an advisory opinion request is received, the executive director shall prepare a redacted version of the advisory opinion request by deleting any information that is likely to identify the person making the request. The redacted version of the request shall be provided to the person who requested a copy of the advisory opinion request.
§12.29. Subpoenas.
Text of Proposed Rule
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Chapter 12. SWORN COMPLAINTS
Subchapter A. GENERAL PROVISIONS AND PROCEDURES
§12.29. Subpoenas Issued by Commission.
(a) A subpoena issued under section 571.137 of the Government Code shall specify the date, time, place, and manner for execution of the subpoena.
(b) A subpoena issued under section 571.137 of the Government Code that requires a person to provide testimony shall be served on that person at least 10 business days before the date the subpoena is to be executed
§12.30. Subpoenas Issued by Counsel for the Respondent.
Text of Proposed Rule
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Chapter 12. SWORN COMPLAINTS
Subchapter A. GENERAL PROVISIONS AND PROCEDURES
§12.30. Subpoenas Issued by Counsel for the Respondent.
(a) This section applies only to subpoenas issued by a respondent’s counsel under section 571.125(f) (concerning the issuance of a subpoena for a witness in a preliminary review hearing) or 571.130(f) (concerning the issuance of a subpoena for a witness in a formal hearing) of the Government Code.
(b) A subpoena must be issued in the name of “The State of Texas” and must:
(1) state the sworn complaint numbers for the sworn complaints at issue in the hearing at which the witness is summoned to appear;
(2) state that the subpoena pertains to a sworn complaint proceeding before the Texas Ethics Commission;
(3) state the date on which the subpoena is issued;
(4) identify the person to whom the subpoena is directed;
(5) state the time and place of the preliminary review hearing or formal hearing at which the subpoena directs the person to appear;
(6) identify the respondent at whose instance the subpoena is issued and the respondent’s attorney of record;
(7) specify with reasonable particularity any documents with which the person to whom the subpoena is directed shall appear;
(8) state the text of § 12.31(i) of this chapter; and
(9) be signed by the attorney issuing the subpoena.
(c) A subpoena must command the person to whom it is directed to appear and give testimony at:
(1) a preliminary review hearing; or
(2) a formal hearing.
(d) A subpoena may only direct a person to appear, with or without documents, and give testimony at a preliminary review hearing or formal hearing before the commission.
(e) A subpoena may be issued only by the counsel of record for a respondent in a sworn complaint proceeding before the commission against that respondent.
(f) Service.
(1) Manner of service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the sworn complaint proceeding, the subpoena may be served on the witness’s attorney of record.
(2) Deadline for service. A subpoena must be served upon the person required to appear at least 21 days before the preliminary review hearing or formal hearing at which the person is required to appear. The subpoena and proof of service must be filed with the commission within three days of its service on the person required to appear.
(3) Proof of service. Proof of service must be made by filing either:
(A) the witness’s signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or
(B) a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served.
(g) Response.
(1) Except as provided in this subsection, a person served with a subpoena must comply with the command stated therein unless discharged by the commission or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of hearing from day to day until discharged by the commission or the party summoning the witness.
(2) If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization.
(3) A person commanded to appear with documents must produce the documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand.
(4) A person commanded to appear at a hearing must file any motion to quash the subpoena or objection to a requirement to appear with certain documents with the commission no later than the 14th day before the hearing at which the person is directed to appear. Commission staff may move to quash a subpoena or object to appearance with certain documents in the same manner as the person commanded to appear by the subpoena. The filer of a motion to quash or objection to a requirement to appear with certain documents must serve the motion or objection on the proponent of the subpoena in person, by mail, by commercial delivery service, by fax, by email, or by other such manner as the presiding officer of the commission may direct, no later than the deadline for filing the motion to quash or objection to appearance with documents with the commission. After affording commission staff and the person commanded to appear an opportunity to move to quash the subpoena or object to appearance with certain documents, and affording the proponent of the subpoena an opportunity to respond to the motion to quash or objection to appearance with documents, the commission’s presiding officer shall rule on a motion to quash or objection to appearance with documents.
(5) A person commanded to attend and give testimony, or to produce documents or things, at a preliminary review hearing or formal hearing may object to giving testimony or producing documents at the time and place specified for the hearing, rather than under subsection (g)(4) of this section.
(6) A party’s appearance with a document in response to a subpoena directing the party to appear with the document authenticates the document for use against that party in any proceeding before the commission unless the party appearing with the document objects to the authenticity of the document, or any part of it, at the time of the party’s appearance, stating the specific basis for objection. An objection must have a good faith factual and legal basis. An objection made to the authenticity of only part of a document does not affect the authenticity of the remainder. If objection is made, the party attempting to use the document should be given a reasonable opportunity to establish its authenticity. The requirement that the commission provide a reasonable opportunity to establish the document’s authenticity may be satisfied by the opportunity to present a witness to authenticate the document at a subsequent hearing before the commission.
(h) A counsel for a respondent issuing a subpoena must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on a motion to quash or objection to appearance with documents, the presiding officer must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense. The presiding officer may impose reasonable conditions on compliance with a subpoena, including compensating the witness for undue hardship.
§12.34. Agreed Orders.
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Chapter 12. SWORN COMPLAINTS
Subchapter A. GENERAL PROVISIONS AND PROCEDURES
§12.34. Agreed Orders.
(a) The commission may enter into an agreed order with a respondent to resolve and settle a complaint filed against the respondent, including an assurance of voluntary compliance, a notice of reporting error, or an agreed order and resolution.
(b) An assurance of voluntary compliance:
(1) resolves a sworn complaint:
(A) with no determination that a violation within the jurisdiction of the commission has occurred, if entered into before a preliminary review hearing is completed; or
(B) with a determination that all violations within the jurisdiction of the commission, when viewed as a whole in consideration of any mitigating action taken by the respondent, are technical or de minimis; and
(2) may include a civil penalty.
(c) A notice of reporting error resolves a complaint with a determination that all violations within the jurisdiction of the commission are reporting errors that do not materially defeat the purpose of disclosure and may include a civil penalty in the form of an assessment fee.
(d) An agreed order and resolution resolves a sworn complaint with a determination that one or more violations within the jurisdiction of the commission occurred and may include a civil penalty.
§12.83. Preliminary Review.
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Chapter 12. SWORN COMPLAINTS
Subchapter A. GENERAL PROVISIONS AND PROCEDURES
§12.83. Preliminary Review.
(a) A complainant or respondent must respond to written questions [submitted to the respondent pursuant to section 571.1243 of the Government Code] not later than 15 business days after receiving [the respondent receives] the written questions. The executive director may grant an extension of the time period for good cause shown.
(b) If the commission staff submits written questions to a respondent [pursuant to section 571.1243 of the Government Code], the 120-day deadline for the commission to propose an agreement to the respondent or dismiss the complaint (provided in section 571.1242(g) of the Government Code) [time period set forth in section 571.1242(a)(2) of the Government Code or section 571.1242(b)(2) of the Government Code, as applicable, is increased by the number of business days during the period] is tolled beginning on the date the commission sends the written questions and resets [ending] on the date the commission receives the respondent’s written response.
(c) If the commission staff applies to the commission for the issuance of a subpoena pursuant to section 571.137(a-1) of the Government Code, the 120-day deadline for the commission to propose an agreement to the respondent or dismiss the complaint (provided in section 571.1242(g) of the Government Code) is tolled [time period set forth in section 571.1242(a)(2) of the Government Code or section 571.1242(b)(2) of the Government Code as applicable, is increased by the number of business days during the period] beginning on the date the staff applies to the commission for the subpoena and resets [ending] on either:
(1) the date the commission rejects the staff’s application for a subpoena;
(2) the date the person to whom the subpoena is directed complies with the subpoena; or
(3) the date the commission receives a final ruling on a person’s failure or refusal to comply with a subpoena that is reported [reports] to a district court pursuant to section 571.137(c) of the Government Code.
(d) If the commission staff proposes to a respondent an agreement to settle a complaint that would be effective upon approval by the commission and the respondent, the 120-day deadline for the commission to propose an agreement to the respondent or dismiss the complaint (provided in section 571.1242(g) of the Government Code) is met. If a respondent approves a proposed agreement, commission staff must submit the proposed agreement to the commission to seek final approval at the next scheduled commission meeting. If a respondent rejects a proposed agreement, the matter shall be set for a preliminary review hearing at the next commission meeting for which notice has not yet been posted. If a respondent rejects a proposed agreement within 45 days before the date of a commission meeting, the matter shall be set for a preliminary review hearing at the next commission meeting thereafter.
(e) [(d)] During a preliminary review, commission staff may present documents or evidence, make recommendations, or otherwise communicate with commissioners outside the presence of the respondent for the purpose of investigating and resolving a sworn complaint.
(f) [(e)] Commission staff may not communicate with a commissioner outside the presence of the respondent for the purpose of influencing a decision on a pending sworn complaint after the complaint has been scheduled for a preliminary review hearing and notice of the hearing has been sent to the respondent.
§12.84. Notice of Preliminary Review Hearing.
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Chapter 12. SWORN COMPLAINTS
Subchapter D. PRELIMINARY REVIEW HEARING
§12.84. Notice of Preliminary Review Hearing.
(a) Commission staff shall provide notice of a preliminary review hearing to a respondent and complainant at least 45 days before the date of the hearing and must include:
(1) the date, time, place, and nature of the hearing;
(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) a reference to the particular sections of the statutes and rules involved; and
(4) a short and plain statement of the factual matters asserted.
(b) Commission staff shall provide to a respondent at least 30 days before the date of the hearing:
(1) a list of proposed witnesses to be called at the hearing and a brief statement as to the nature of the testimony expected to be given by each witness to be called at the hearing; and
(2) copies of all documents expected to be used or introduced as exhibits at the hearing.
(c) The respondent shall provide to commission staff the contents described by subsections (b)(1) and (b)(2) of this section at least 30 days before the date of the hearing. [The contents must be received by commission staff at least 14 days before the date of the hearing.] If a respondent or commission staff fail to comply with this section, the commission may reschedule the hearing or proceed with the hearing and exclude at the hearing evidence, documents, and testimony provided by the respondent or commission staff, as applicable, but such failure may be excused upon a showing of good cause.
§20.1. Definitions.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter A. GENERAL RULES
§20.1. Definitions.
The following words and terms, when used in Title 15 of the Election Code, in this chapter, Chapter 22 of this title (relating to Restrictions on Contributions and Expenditures), and Chapter 24 of this title (relating to Restrictions on Contributions and Expenditures Applicable to Corporations and Labor Organizations), shall have the following meanings, unless the context clearly indicates otherwise.
[(1) through (21) – no change]
(22) Hybrid committee—A political committee that, as provided by section 252.003(a)(4) (relating to contents of a general-purpose committee’s campaign treasurer appointment) or 252.0031(a)(2) (relating to a specific-purpose committee’s campaign treasurer appointment) of the Election Code, as applicable, has filed a campaign treasurer appointment that includes an affidavit stating that:
(A) the committee is not established or controlled by a candidate or an officeholder; and
(B) the committee will not use any political contribution from a corporation or a labor organization to make a political contribution to:
(i) a candidate for elective office;
(ii) an officeholder; or
(iii) a political committee that has not filed an affidavit in accordance with this section.
(23) Direct campaign expenditure-only committee—A political committee, as authorized by section 253.105 of the Election Code (relating to political contributions to direct campaign expenditure-only committees) to accept political contributions from corporations or labor organizations, that:
(A) is not established or controlled by a candidate or an officeholder;
(B) makes or intends to make direct campaign expenditures;
(C) does not make or intend to make political contributions to:
(i) a candidate;
(ii) an officeholder;
(iii) a specific-purpose committee established or controlled by a candidate or an officeholder; or
(iv) a political committee that makes or intends to make political contributions to a candidate, an officeholder, or a specific-purpose committee established or controlled by a candidate or an officeholder; and
(D) has filed an affidavit with the commission stating the committee's intention to operate as described by subparagraphs (B) and (C).
§22.35. Contributions to Direct Campaign Expenditure Only Committees.
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CHAPTER 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES.
§22.35. Corporate Contributions to Certain Political Committees.
(a) A political committee that accepts a monetary political contribution from a corporation or labor organization shall maintain the contribution in a separate account for political contributions from corporations and labor organizations.
(b) A political committee that accepts a political contribution from a corporation or labor organization shall not use the contribution to make a political contribution to:
(1) a candidate for elective office;
(2) an officeholder; or
(3) a political committee other than a hybrid committee, a direct campaign expenditure-only committee, or a political committee that supports or opposes measures exclusively.
§24.18. Designation of Contribution for Administrative Purposes.
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CHAPTER 24. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES APPLICABLE TO CORPORATIONS AND LABOR ORGANIZATIONS
§24.18. Designation of Contribution for Administrative Purposes.
(a) Any of the following will serve to designate a political expenditure in the form of a political contribution made by a corporation or labor organization [corporate expenditure] as restricted to the establishment, administration, maintenance, or operation of a general-purpose committee:
(1) A contemporaneous written instruction that the contribution [expenditure] is restricted to the administration, maintenance, or operation of the committee accepting the contribution; [expenditure;]
(2) The negotiable instrument conveying the contribution contains language indicating that the entity is a corporation, including but not limited to "Inc.," "Incorporated," "Corp.," or "Corporation;" [or]
(3) The general-purpose committee accepting the contribution reports the contribution as monetary contribution or monetary support from a corporation or labor organization on the committee's campaign finance report; or
(4) The general-purpose committee accepting the contribution deposits the contribution into a separate segregated account for political contributions from corporations and labor organizations.
(b) Subsection (a) of this section shall not be read to restrict a hybrid committee, a direct campaign expenditure-only committee, or a political committee that supports or opposes measures exclusively from using a contribution from a corporation or labor organization to make a direct campaign expenditure.
§24.19. Affidavit Required by a Political Committee Making a Direct Campaign Expenditure from a Political Contribution Accepted from a Corporation or Labor Organization.
Text of Proposed Rule
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CHAPTER 24. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES APPLICABLE TO CORPORATIONS AND LABOR ORGANIZATIONS
§24.19. Affidavit Required by a Political Committee Making a Direct Campaign Expenditure from a Political Contribution Accepted from a Corporation or Labor Organization.
A political committee, including a direct campaign expenditure-only committee, must include in its campaign treasurer appointment the affidavit described by section 252.003(a)(4) (relating to contents of a general-purpose committee’s campaign treasurer appointment) or 252.0031(a)(2) (relating to contents of a specific-purpose committee’s campaign treasurer appointment) of the Election Code, as applicable, before using a political contribution from a corporation or labor organization to make a direct campaign expenditure in connection with a campaign for an elective office.