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Rules

PROPOSED RULES

At its June 2023, meeting, the Texas Ethics Commission voted to propose the following amended rules: §§ 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, 20.431, 20.433, 20.434, 20.435, 20.553, 20.555, 22.1, 22.6, 22.7, 22.37, 34.41, and 34.43. The text of the proposed amended and new rules are located below.

§18.31. Adjustments to Reporting Thresholds.
Text of Proposed Rule

§20.62. Reporting Staff Reimbursement.
Text of Proposed Rule

§20.65. Reporting No Activity.
Text of Proposed Rule

§20.217. Modified Reporting.
Text of Proposed Rule

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

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

§20.221. Special Pre-Election Report by Certain Candidates.
Text of Proposed Rule

§20.275. Exception from Filing Requirement for Certain Local Officeholders.
Text of Proposed Rule

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

§20.301. Thresholds for Campaign Treasurer Appointment.
Text of Proposed Rule

§20.303. Appointment of a Campaign Treasurer.
Text of Proposed Rule

§20.313. Converting to a General-Purpose Committee.
Text of Proposed Rule

§20.329. Modified Reporting.
Text of Proposed Rule

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

§20.333. Special Pre-Election Report by Certain Specific-Purpose Committees.
Text of Proposed Rule

§20.401. Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee.
Text of Proposed Rule

§20.405. Campaign Treasurer Appointment for a General-Purpose Committee.
Text of Proposed Rule

§20.431. Monthly Reporting.
Text of Proposed Rule

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

§20.434. Alternate Reporting Requirements for General-Purpose Committees.
Text of Proposed Rule

§20.435. Special Pre-Election Report by Certain General-Purpose Committees.
Text of Proposed Rule

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

§20.555. County Executive Committee Accepting Contributions or Making Expenditures that Exceed Certain Amount.
Text of Proposed Rule

§22.1. Certain Campaign Treasurer Appointments Required before Political Activity Begins.
Text of Proposed Rule

§22.6. Reporting Direct Campaign Expenditures.
Text of Proposed Rule

§22.7. Contribution from Out-of-State Committee.
Text of Proposed Rule

§34.41. Expenditure Threshold.
Text of Proposed Rule

§34.43. Compensation and Reimbursement Threshold.
Text of Proposed Rule

 


§18.31. Adjustments to Reporting Thresholds.
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)

PAC: Amount of contributions or expenditures permitted before TA is required

$500

$1,050 [$980]

253.031(d)(2)

CEC: Amount of contributions or expenditures permitted before TA is required

$25,000

$38,990 [$36,630]

253.032(a)

Contribution by Out-of-state PAC: Threshold above which certain paperwork is required

$500

$1,080 [$1,010]

253.032(a)(1)

Contribution to Out-of-state PAC: Threshold above which certain contribution information is required

$100

$220[$200]

253.032(e)

Contribution by Out-of-state PAC: Threshold at or below which certain information is required

$500

$1,080 [$1,010]

254.031(a)(1)

Contributions: Threshold over which more information is required

$50

$110 [$100]

254.031(a)(2)

Loans: Threshold over which more information is required

$50

$110 [$100]

254.031(a)(3)

Expenditures: Threshold over which more information is required

$100

$220 [$200]

254.031(a)(5)

Contributions: Threshold at or below which more information is not required

$50

$110 [$100]

254.031(a)(5)

Expenditures: Threshold at or below which more information is not required

$100

$220 [$200]

254.031(a)(9)

Interest, credits, refunds: Threshold over which more information is required

$100

$140 [$130]

254.031(a)(10)

Sale of political assets: Threshold over which proceeds must be reported

$100

$140 [$130]

254.031(a)(11)

Investment Gain: Threshold over which more information is required

$100

$140 [$130]

254.031(a)(12)

Contribution Gain: Threshold over which more information is required

$100

$140 [$130]

254.0311(b)(1)

Caucus, contributions from non-caucus members: Threshold over which more information is required

$50

$110 [$100]

254.0311(b)(2)

Caucus, loans: Threshold over which more information is required

$50

$110 [$100]

254.0311(b)(3)

Caucus, expenditures: Threshold over which more information is required

$50

$110 [$100]

254.0311(b)(4)

Caucus, contributions and expenditures: Threshold at or below which more information is not required

$50

$110 [$100]

254.0312

Contributions, Best Efforts: Threshold under which filer is not required to request contributor information to be in compliance

$500

$820 [$770]

254.036

Electronic Filing Exemption: Threshold at or below which a filer may qualify

$20,000

$32,810 [$30,820]

254.038(a)

Daily Reports by certain candidates and PACs: Contribution threshold triggering report

$1,000

$2,150 [$2,020]

254.039

Daily Reports by GPACs: Contribution threshold triggering report

$5,000

$7,350 [$6,910]

254.039

Daily reports by GPACs: DCE expenditure thresholds (single candidate/group of candidates)

$1,000/$15,000

$2,150/$32,280
[$2,020/$30,330]

254.0611(a)(2)

Judicial candidates, contributions: Threshold over which more information is required

$50

$110 [$100]

254.0611(a)(3)

Judicial candidates, asset purchase: Threshold over which more information is required

$500

$1,080 [$1,010]

254.0612

Statewide executive and legislative candidates, contributions: Threshold over which more information is required

$500

$1,080 [$1,010]

254.095

Local officeholders, contributions: Threshold over which reporting is not required

$500

$1,080 [$1,010]

254.151(6)

GPAC, contributions: Threshold over which more information is required

$50

$110 [$100]

254.1541(a)

GPAC, higher itemization threshold: Threshold under which it applies

$20,000

$31,190 [$29,300]

254.1541(b)

GPACs that meet higher itemization threshold: Threshold over which more contributor information is required

$100

$220 [$200]

254.156(1)

MPAC: Threshold over which contribution, lender and expenditure information is required

$10

$20

254.156(2)

MPACs that meet higher itemization threshold: Threshold over which more contributor information is required

$20

$40

254.181
254.182
254.183

Candidate or SPACs, modified reporting: Contribution or expenditure threshold at or below which filers may avoid pre-election reports

$500

$1,080 [$1,010]

254.261

DCE filers: Threshold over which a report must be filed

$100

$160 [$150]



Lobby Registrations and Reports: Section of Government Code

Threshold Description

Original Threshold Amount

Adjusted Amount

305.003(1)

Lobbyist, expenditures: Threshold over which registration is required

$500, by 1 Tex. Admin. Code §34.41

$940 [$880]

305.003(2)

Lobbyist, compensation: Threshold over which registration is required

$1,000, by 1 Tex. Admin. Code §34.43

$1,870 [$1,760]

305.004(7)

Lobbying for political party: Threshold at or below which registration is not required

$5,000

$10,760 [$10,110]

305.005(g)(2)

Lobbyist: Compensation threshold

$10,000

Less than $21,520 [Less than $20,220]

305.005(g)(3)

Lobbyist: Compensation threshold

$25,000

$21,520 to less than $53,810 [$20,220 to less than $50,540]

305.005(g)(4)

Lobbyist: Compensation threshold

$50,000

$53,810 to less than $107,610 [$50,540 to less than $101,090]

305.005(g)(5)

Lobbyist: Compensation threshold

$100,000

$107,610 to less than $215,230 [$101,090 to less than $202,180]

305.005(g)(6)

Lobbyist: Compensation threshold

$150,000

$215,230 to less than $322,840 [$202,180 to less than $303,2700]

305.005(g)(7)

Lobbyist: Compensation threshold

$200,000

$322,840 to less than $430,450 [$303,270 to less than $404,350]

305.005(g)(8)

Lobbyist: Compensation threshold

$250,000

$430,450 to less than $538,070 [$404,350 to less than $505,440]

305.005(g)(9)

Lobbyist: Compensation threshold

$300,000

$538,070 to less than $645,680 [$505,440 to less than $606,530]

305.005(g)(10)

Lobbyist: Compensation threshold

$350,000

$645,680 to less than $753,290 [$606,530 to less than $707,620]

305.005(g)(11)

Lobbyist: Compensation threshold

$400,000

$753,290 to less than $860,910 [$707,620 to less than $808,710]

305.005(g)(12)

Lobbyist: Compensation threshold

$450,000

$860,910 to less than $968,520 [$808,710 to less than $909,800]

305.005(g)(13)

Lobbyist: Compensation threshold

$500,000

$968,520 to less than $1,076,130 [$909,800 to less than $1,010,880]

305.005(g-1)

Lobbyist: Compensation threshold

$500,000

$1,076,130 or more [$1,010,880 or more]

305.0061(c)(3)

Lobbyist, legislative/executive branch member: Threshold over which gifts, awards and mementos must be disclosed

$50

$110 [$100]

305.0061(e-1)

Lobbyist, food and beverage: Threshold at or below which it is considered a gift and reported as such

$50

$110 [$100]

305.0063

Lobbyist, annual filer: Expenditure threshold at or below which filer may file annually

$1,000

$2,150 [$2,020]



Personal Financial Statements: Section of Gov't Code

Threshold Description

Original Threshold Amount

Adjusted Amount

572.022(a)(1)

PFS threshold

less than $5,000

less than $10,760 [$10,110]

572.022(a)(2)

PFS threshold

$5,000 to less than $10,000

$10,760 [$10,110] to less than $21,520 [$20,220]

572.022(a)(3)

PFS threshold

$10,000 to less than $25,000

$21,520 [$20,220] to less than $53,810 [$50,540]

572.022(a)(4)

PFS threshold

$25,000 or more

$53,810 [$50,540] or more

572.005, 572.023(b)(1)

PFS, retainer: Threshold over which filer with a substantial interest in a business entity must report more information

$25,000

$53,810 [$50,540]

572.023(b)(4)

PFS, interest, dividends, royalties and rents: Threshold over which information must be reported

$500

$1,080 [$1,010]

572.023(b)(5)

PFS, loans: Threshold over which information must be reported

$1,000

$2,150 [$2,020]

572.023(b)(7)

PFS, gifts: Threshold over which information must be reported

$250

$540 [$510]

572.023(b)(8)

PFS, income from trust: Threshold over which information must be reported

$500

$1,080 [$1,010]

572.023(b)(15)

PFS, government contracts: Threshold of aggregate over which more information must be reported

Exceeds $10,000

Exceeds $11,810 [$11,100]

572.023(b)(15)(A)

PFS, government contracts: Itemization threshold

$2,500 or more $2,950 [$2,770] or more

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

PFS, bond counsel fees paid to legislator: Threshold

less than $5,000

less than $5,910 [$5,550]

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

PFS, bond counsel fees paid to legislator: Threshold

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

at least $5,910 [$5,550] but less than $11,810 [$11,100]

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

PFS, bond counsel fees paid to legislator: Threshold

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

at least $11,810 [$11,100] but less than $29,530 [$27,740]

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

PFS, bond counsel fees paid to legislator: Threshold

$25,000 or more

$29,530 [$27,740] or more

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

PFS, bond counsel fees paid to individual’s firm: Threshold

less than $5,000

less than $5,910 [$5,550]

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

PFS, bond counsel fees paid to individual’s firm: Threshold

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

at least $5,910 [$5,550] but less than $11,810 [$11,100]

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

PFS, bond counsel fees paid to individual’s firm: Threshold

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

at least $11,810 [$11,100] but less than $29,530 [$27,740]

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

PFS, bond counsel fees paid to individual’s firm: Threshold

$25,000 or more

$29,530 [$27,740] or more


Speaker Election and Certain Ceremonial Reports: Section of Government Code

Threshold Type

Original [Current] Threshold Amount

Adjusted Amount

302.014(4)

Speaker: Expenditures over which more information must be reported

$10

$20

303.005(a)(1) – (10)

Governor for a Day/Speaker’s Day: Threshold over which more information must be reported

$50

$110 [$100]



Thresholds set by Title 1, Part 2, Tex. Admin. Code

Threshold Type

Original [Current] Threshold Amount

Adjusted Amount

20.62(a)

Staff Reimbursement

$5,000

$7,060 [$6,910]

20.220

Comptroller: Additional disclosure

$500

$710 [$650]


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

(c) The effective date of this rule is January 1, 2024 [3].

(d) In this section:


§20.62. Reporting Staff Reimbursement.
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 the amount specified by Figure 5 in 1 TAC §18.31, [$6,910] 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 Staff Reimbursement.
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.
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 the aggregate amount of political contributions or make more than the aggregate amount of political expenditures (excluding filing fees) specified in Tex. Elec. Code §254.181(a), as amended by Figure 1 in 1 TAC §18.31 [$1,010 in political contributions or make more than $1,010 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 exceed [accept] more than the amount of political contributions or political expenditures (excluding filing fees) specified in Tex. Elec. Code §254.182(a), as amended by Figure 1 in 1 TAC §18.31 [$1,010 in political contributions or make more than $1,010 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 [$1,010] limits specified in Tex. Elec. Code §254.182(a), as amended by Figure 1 in 1 TAC §18.31, 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 [$1,010] limits specified in Tex. Elec. Code §254.182(a), as amended by Figure 1 in 1 TAC §18.31 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.
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.
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.
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 the amount specified in Tex. Elec. Code §254.038(a)(1), as amended by Figure 1 in 1 TAC §18.31 [$2,020] 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.
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: