Rules
PROPOSED RULES
At its September 2021, meeting, the Texas Ethics Commission voted to propose the following new and amended rules: §§18.31, 20.62, 20.65, 20.217, 20.220, 20.221, 20.275, 20.301, 20.303, 20.313, 20.329, 20.333, 20.401, 20.405, 20.434, 20.435, 20.553, 20.555, 22.1, 22.7, 22.37, 34.41, and 34.43. The text of the proposed amended rules is 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
§20.220. 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
§20.301. 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
§20.333. 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
§20.434. 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
§22.7. Contribution from Out-of-State Committee.
Text of Proposed Rule
§22.37. Cryptocurrency Contributions.
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 |
$920 [ |
253.031(d)(2) |
CEC: Amount of contributions or expenditures permitted before TA is required |
$25,000 |
$34,220 [ |
253.032(a) |
Contribution by Out-of-state PAC: Threshold above which certain paperwork is required |
$500 |
$940 [ |
253.032(a)(1) |
Contribution to Out-of-state PAC: Threshold above which certain contribution information is required |
$100 |
$190 |
253.032(e) |
Contribution by Out-of-state PAC: Threshold at or below which certain information is required |
$500 |
$940 [ |
254.031(a)(1) |
Contributions: Threshold over which more information is required |
$50 |
$90 |
254.031(a)(2) |
Loans: Threshold over which more information is required |
$50 |
$90 |
254.031(a)(3) |
Expenditures: Threshold over which more information is required |
$100 |
$190 |
254.031(a)(5) |
Contributions: Threshold at or below which more information is not required |
$50 |
$90 |
254.031(a)(5) |
Expenditures: Threshold at or below which more information is not required |
$100 |
$190 |
254.031(a)(9) |
Interest, credits, refunds: Threshold over which more information is required |
$100 |
$120 |
254.031(a)(10) |
Sale of political assets: Threshold over which proceeds must be reported |
$100 |
$120 |
254.031(a)(11) |
Investment Gain: Threshold over which more information is required |
$100 |
$120 |
254.031(a)(12) |
Contribution Gain: Threshold over which more information is required |
$100 |
$120 |
254.0311(b)(1) |
Caucus, contributions from non-caucus members: Threshold over which more information is required |
$50 |
$90 |
254.0311(b)(2) |
Caucus, loans: Threshold over which more information is required |
$50 |
$90 |
254.0311(b)(3) |
Caucus, expenditures: Threshold over which more information is required |
$50 |
$90 |
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254.0311(b)(4) |
Caucus, contributions and expenditures: Threshold at or below which more information is not required |
$50 |
$90 |
254.0312 |
Contributions, Best Efforts: Threshold under which filer is not required to request contributor information to be in compliance |
$500 |
$720 [ |
254.036 |
Electronic Filing Exemption: Threshold at or below which a filer may qualify |
$20,000 |
$28,800 [ |
254.038(a) |
Daily Reports by certain candidates and PACs: Contribution threshold triggering report |
$1,000 |
$1,890 [ |
254.039 |
Daily Reports by GPACs: Contribution threshold triggering report |
$5,000 |
$6,450 [ |
254.039 |
Daily reports by GPACs: DCE expenditure thresholds (single candidate/group of candidates) |
$1,000/$15,000 |
$1,890/$28,330 |
254.0611(a)(2) |
Judicial candidates, contributions: Threshold over which more information is required |
$50 |
$90 |
254.0611(a)(3) |
Judicial candidates, asset purchase: Threshold over which more information is required |
$500 |
$940 [ |
254.0612 |
Statewide executive and legislative candidates, contributions: Threshold over which more information is required |
$500 |
$940 [ |
254.095 |
Local officeholders, contributions: Threshold over which reporting is not required |
$500 |
$940 [ |
254.151(6) |
GPAC, contributions: Threshold over which more information is required |
$50 |
$90 |
254.1541(a) |
GPAC, higher itemization threshold: Threshold under which it applies |
$20,000 |
$27,380 [ |
254.1541(b) |
GPACs that meet higher itemization threshold: Threshold over which more contributor information is required |
$100 |
$190 |
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 |
$940 [ |
254.261 |
DCE filers: Threshold over which a report must be filed |
$100 |
$140 |
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 |
$820 [ |
305.003(2) |
Lobbyist, compensation: Threshold over which registration is required |
$1,000, by 1 Tex. Admin. Code §34.43 |
$1,640 [ |
305.004(7) |
Lobbying for political party: Threshold at or below which registration is not required |
$5,000 |
$9,440 [ |
305.005(g)(2) |
Lobbyist: Compensation threshold |
$10,000 |
Less than $18,890 [ |
305.005(g)(3) |
Lobbyist: Compensation threshold |
$25,000 |
$18,890 to less than $47,220 [ |
305.005(g)(4) |
Lobbyist: Compensation threshold |
$50,000 |
$47,220 to less than $94,440 [ |
305.005(g)(5) |
Lobbyist: Compensation threshold |
$100,000 |
$94,440 to less than $188,890 [ |
305.005(g)(6) |
Lobbyist: Compensation threshold |
$150,000 |
$188,890 to less than $283,330 [ |
305.005(g)(7) |
Lobbyist: Compensation threshold |
$200,000 |
$283,330 to less than $377,770 [ |
305.005(g)(8) |
Lobbyist: Compensation threshold |
$250,000 |
$377,770 to less than $472,220 [ |
305.005(g)(9) |
Lobbyist: Compensation threshold |
$300,000 |
$472,220 to less than $566,660 [ |
305.005(g)(10) |
Lobbyist: Compensation threshold |
$350,000 |
$566,660 to less than $661,100 [ |
305.005(g)(11) |
Lobbyist: Compensation threshold |
$400,000 |
$661,100 to less than $755,540 [ |
305.005(g)(12) |
Lobbyist: Compensation threshold |
$450,000 |
$755,540 to less than $849,990 [ |
305.005(g)(13) |
Lobbyist: Compensation threshold |
$500,000 |
$849,990 to less than $944,430 [ |
305.005(g-1) |
Lobbyist: Compensation threshold |
$500,000 |
$944,430 or more [ |
305.0061(c) |
Lobbyist, legislative/executive branch member: Threshold over which gifts, awards and mementos must be disclosed |
$50 |
$90 |
305.0061(e-1) |
Lobbyist, food and beverage: Threshold at or below which it is considered a gift and reported as such |
$50 |
$90 |
305.0063 |
Lobbyist, annual filer: Expenditure threshold at or below which filer may file annually |
$1,000 |
$1,890 [ |
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 $9,440 [ |
572.022(a)(2) |
PFS threshold |
$5,000 to less than $10,000 |
$9,440 [ |
572.022(a)(3) |
PFS threshold |
$10,000 to less than $25,000 |
$18,890 [ |
572.022(a)(4) |
PFS threshold |
$25,000 or more |
$47,220 [ |
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 |
$47,220 [ |
572.023(b)(4) |
PFS, interest, dividends, royalties and rents: Threshold over which information must be reported |
$500 |
$940 [ |
572.023(b)(5) |
PFS, loans: Threshold over which information must be reported |
$1,000 |
$1,890 [ |
572.023(b)(7) |
PFS, gifts: Threshold over which information must be reported |
$250 |
$470 |
572.023(b)(8) |
PFS, income from trust: Threshold over which information must be reported |
$500 |
$940 [ |
572.023(b)(15) |
PFS, government contracts: Threshold of aggregate over which more information must be reported |
Exceeds $10,000 |
Exceeds $10,370 [ |
572.023(b)(15)(A) |
PFS, government contracts: Itemization threshold |
$2,500 or more | $2,590 [ |
572.023(b)(16)(D)(i) |
PFS, bond counsel fees paid to legislator: Threshold |
less than $5,000 |
less than $5,180 [ |
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 $5,180 [ |
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 $10,370 [ |
572.023(b)(16)(D)(iv) |
PFS, bond counsel fees paid to legislator: Threshold |
$25,000 or more |
$25,920 [ |
572.023(b)(16)(E)(i) |
PFS, bond counsel fees paid to individual’s firm: Threshold |
less than $5,000 |
less than $5,180 [$5,110] |
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 $5,180 [ |
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 $10,370 [ |
572.023(b)(16)(E)(iv) |
PFS, bond counsel fees paid to individual’s firm: Threshold |
$25,000 or more |
$25,920 [ |
Speaker Election and Certain Ceremonial Reports: Section of Government Code |
Threshold Type |
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 |
$90 |
(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, 2022 [1].
(d) In this section:
(1) "CEC" means county executive committee;
(2) "DCE" means direct campaign expenditure-only filer;
(3) "GPAC" means general-purpose political committee;
(4) "MPAC" means monthly-filing general-purpose political committee;
(5) "PAC" means political committee;
(6) "PFS" means personal financial statement;
(7) "SPAC" means specific-purpose political committee; and
(8) "TA" means treasurer appointment.
§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 $6,450 [$6,370] during the reporting period may be reported as follows IF the reimbursement occurs during the same reporting period that the initial expenditure was made:
(1) the amount of political expenditures that in the aggregate exceed $190 and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made and the dates and purposes of the expenditures; and
(2) included with the total amount or a specific listing of the political expenditures of $190 or less made during the reporting period.
(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:
(1) the aggregate amount of the expenditures made by the staff member as of the last day of the reporting period is reported as a loan to the officeholder, candidate, or political committee;
(2) the expenditure made by the staff member is reported as a political expenditure by the officeholder, candidate, or political committee; and
(3) the reimbursement to the staff member to repay the loan is reported as a political expenditure by the officeholder, candidate, or political committee.
§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:
(1) special pre-election reports;
(2) special session reports; or
(3) a local officeholder who does not have a campaign treasurer appointment on file and who does not accept more than $940 [$930] in political contributions or make more than $940 [$930] in political expenditures during the reporting period.
(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 $940 [$930] in political contributions or make more than $940 [$930] 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 accept more than $940 [$930] in political contributions or make more than $940 [$930] 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 $940 [$930] limits, 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 $940 [$930] limits 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.
§20.220. 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:
(1) a person, who during the comptroller's term of office, bids on or receives a contract under the comptroller's purchasing authority that was transferred to the comptroller by §2151.004 of the Government Code; and
(2) an employee or agent of a person described by subsection (a)(1) of this section who communicates directly with the chief clerk, or an employee of the Texas Comptroller of Public Accounts who exercises discretion in connection with the vendor's bid or contract, about a bid or contract.
(b) Each report filed by the comptroller or a specific-purpose committee created to support the comptroller, shall include:
(1) for each vendor whose aggregate campaign contributions equal or exceed $610 [$590] during the reporting period, a notation that:
(A) the contributor was a vendor during the reporting period or during the 12 month period preceding the last day covered by the report; and
(B) if the vendor is an individual, includes the name of the entity that employs or that is represented by the individual; and
(2) for each political committee directly established, administered, or controlled by a vendor whose aggregate campaign contributions equal or exceed $610 [$590] during the reporting period, a notation that the contributor was a political committee directly established, administered, or controlled by a vendor during the reporting period or during the 12 month period preceding the last day covered by the report.
(c) The comptroller, or a specific-purpose committee created to support the comptroller, is considered to be in compliance with this section if:
(1) each written solicitation for a campaign contribution includes a request for the information required by subsection (b) of this section; and
(2) for each contribution that is accepted for which the information required by this section is not provided at least one oral or written request is made for the missing information. A request under this subsection:
(A) must be made not later than the 30th day after the date the contribution is received;
(B) must include a clear and conspicuous statement requesting the information required by subsection (b) of this section;
(C) if made orally, must be documented in writing; and
(D) may not be made in conjunction with a solicitation for an additional campaign contribution.
(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 $1,890 [$1,860] 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:
(1) is required to file with an authority other than the commission;
(2) does not have a campaign treasurer appointment on file; and
(3) does not accept more than $940 [$930] in political contributions or make more than $940 [$930] in political expenditures during the reporting period.
§20.301. Thresholds for Campaign Treasurer Appointment.
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 E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE
§20.301. Thresholds for Campaign Treasurer Appointment.
(a) A specific-purpose committee may not accept political contributions exceeding $920 [$910] and may not make or authorize political expenditures exceeding $920 [$910] without filing a campaign treasurer appointment with the appropriate filing authority.
(b) A specific-purpose committee may not knowingly make or authorize campaign contributions or campaign expenditures exceeding $920 [$910] to support or oppose a candidate in a primary or general election for an office listed below unless the committee's campaign treasurer appointment was filed not later than the 30th day before the appropriate election day:
(1) a statewide office;
(2) a seat in the state legislature;
(3) a seat on the State Board of Education;
(4) a multi-county district office; or
(5) a judicial district office filled by voters of only one county.
§20.303. Appointment of Campaign Treasurer.
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 E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE
§20.303. Appointment of Campaign Treasurer.
(a) A specific-purpose committee may appoint a campaign treasurer at any time before exceeding the thresholds described in §20.301(a) of this title (relating to Thresholds for Campaign Treasurer Appointment).
(b) After a specific-purpose committee appoints a campaign treasurer, the campaign treasurer must comply with all the requirements of this subchapter, even if the committee has not yet exceeded $920 [$910] in political contributions or expenditures.
(c) With the exception of the campaign treasurer appointment, the individual named as a committee's campaign treasurer is legally responsible for filing all reports of the specific-purpose committee, including a report following the termination of his or her appointment as campaign treasurer.
§20.313. Converting to a General-Purpose Committee.
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 E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE
§20.313. Converting to a General-Purpose Committee.
(a) A specific-purpose committee that changes its operation and becomes a general-purpose committee is subject to the requirements applicable to a general-purpose committee as of the date it files its campaign treasurer appointment as a general-purpose committee with the commission.
(b) The campaign treasurer of a specific-purpose committee that becomes a general-purpose committee must deliver written notice of its change in status to the authority with whom the committee was required to file as a specific-purpose committee.
(c) The notice required under subsection (b) of this section is due no later than the next deadline for filing a report under this subchapter that:
(1) occurs after the committee's change in status; and
(2) would be applicable to the political committee if it were still a specific-purpose committee.
(d) The notice must state that future reports will be filed with the commission.
(e) The notice required under subsection (b) of this section is in addition to the requirement that the new general-purpose committee file a campaign treasurer appointment with the commission before it exceeds $920 [$910] in political expenditures or $920 [$910] in political contributions as a general-purpose committee.
§20.329. Modified Reporting.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE
§20.329. Modified Reporting.
(a) A specific-purpose committee that would otherwise be required to file pre-election reports and a runoff report, if necessary, may choose to file under the modified schedule if the committee does not intend to accept more than $940 [$930] in political contributions or make more than $940 [$930] in political expenditures (excluding filing fees) in connection with any election in an election cycle.
(b) Under the modified schedule, the campaign treasurer of a specific-purpose committee is not required to file pre-election reports or a runoff report.
(c) To select modified filing, a specific-purpose committee must file a declaration of the committee's intent not to accept more than $940 [$930] in political contributions or make more than $940 [$930] in political expenditures (excluding filing fees) in connection with the election. The declaration must include a statement that the committee understands that if either one of those limits is exceeded, the committee's campaign treasurer 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 committee's campaign treasurer appointment.
(e) To file under the modified schedule, a specific-purpose committee 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) Except as provided by subsection (g) of this section, a specific-purpose committee's campaign treasurer must file pre-election reports and, if necessary, a runoff report under the schedule set out in §20.325 of this title (relating to Pre-election Reports) and §20.327 of this title (relating to Runoff Report) if the committee exceeds either of the $940 [$930] limits for modified reporting.
(g) If a specific-purpose committee exceeds either of the $940 [$930] limits for modified reporting after the 30th day before the election, the committee's campaign treasurer must file a report not later than 48 hours after exceeding the limit.
(1) The period covered by a 48-hour report shall begin either on the day the committee's campaign treasurer appointment was filed (if it is the committee's first report of contributions and expenditures) or on the first day after the period covered by the last report (other than a special pre-election report or special session report) filed under this subchapter, as applicable.
(2) The period covered by a 48-hour report shall continue through the day the committee exceeded one of the limits for modified reporting.
(h) A specific-purpose committee that exceeds either of the $940 [$930] limits for modified reporting after the 30th day before the election and on or before the 10th day before the election must file a report under §20.325(f) of this title (relating to Pre-Election Reports), in addition to any required special pre-election reports.
§20.333. Special Pre-Election Report by Certain Specific-Purpose Committees.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE
§20.333. Special Pre-Election Report by Certain Specific-Purpose Committees.
(a) As provided by subsection (b) of this section, certain specific-purpose committees 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) A campaign treasurer for a specific-purpose committee for supporting or opposing a candidate for an office specified by §252.005(1), Election Code, that, during the period described in subsection (a) of this section, accepts one or more political contributions from a person that in the aggregate exceed $1,890 [$1,860] must file special pre-election reports.
(c) Except as provided in subsection (e) of this section, the campaign treasurer of a specific-purpose committee must file a report so that the report is received by the commission no later than the first business day after the committee 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 committee receives additional contributions from a person whose previous contribution or contributions have triggered the requirement to file a special pre-election report during the period, the campaign treasurer for the committee 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 committee accepts the contribution.
(e) The campaign treasurer of a specific-purpose committee 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.
§20.401. Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE
§20.401. Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee.
(a) A general-purpose committee may not accept political contributions exceeding $920 [$910] and may not make or authorize political expenditures exceeding $920 [$910] without filing a campaign treasurer appointment with the commission.
(b) Unless the committee's campaign treasurer appointment was filed not later than the 30th day before the appropriate election day, a general-purpose committee may not knowingly make or authorize campaign contributions or campaign expenditures exceeding $920 [$910] to support or oppose a candidate in a primary or general election for the following:
(1) a statewide office;
(2) a seat in the state legislature;
(3) a seat on the State Board of Education;
(4) a multi-county district office; or
(5) a judicial district office filled by voters of only one county.
§20.405. Campaign Treasurer Appointment for a General-Purpose [Political] Committee.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE
§20.405. Campaign Treasurer Appointment for a General-Purpose Committee.
(a) A general-purpose committee may appoint a campaign treasurer at any time before exceeding the thresholds described in §20.401(a) of this title (relating to Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee).
(b) After a general-purpose committee appoints a campaign treasurer, the campaign treasurer must comply with all the requirements of this subchapter, even if the committee has not yet exceeded $920 [$910] in political contributions or expenditures.
(c) With the exception of the campaign treasurer appointment, the individual named as a committee's campaign treasurer is legally responsible for filing all reports of the general-purpose committee, including a report following the termination of his or her appointment as campaign treasurer.
§20.434. Alternate Reporting Requirements for General-Purpose Committees.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE
§20.434. Alternate Reporting Requirements for General-Purpose Committees.
(a) This section and Election Code §254.1541 apply only to a general-purpose committee with less than $27,380 [$27,000] in one or more accounts maintained by the committee in which political contributions are deposited, as of the last day of the preceding reporting period for which the committee was required to file a report.
(b) The alternative reporting requirement in Election Code §254.1541 applies only to contributions.
(c) A report by a campaign treasurer of a general-purpose committee to which this section and Election Code §254.154 apply shall include the information required by §20.433 of this title (Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures), except that the campaign treasurer may choose a threshold reporting amount for political contributions of $190 instead of the threshold reporting amount of $90 set out in §20.433(a)(11) and (a)(20)(B) of this title.
(d) A monthly report by a campaign treasurer of a general-purpose committee to which this section and Election Code §254.154 apply shall include the information required by §20.433 of this title (Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures), except that the campaign treasurer may choose a threshold reporting amount for political contributions of $40 instead of the threshold reporting amount of $20 set out in §20.433(a)(11) and (a)(20)(B) of this title.
§20.435. Special Pre-Election Reports by Certain General-Purpose Committees.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter F. REPORTING REQUIREMENTS FOR A GENERAL PURPOSE COMMITTEE
§20.435. Special Pre-Election Reports by Certain General-Purpose Committees.
(a) In addition to other reports required by this chapter, a general-purpose committee must file a special pre-election report if the committee is involved in an election and if it:
(1) makes direct campaign expenditures supporting or opposing a single candidate that in the aggregate exceed
$1,890 [$1,860] or a group of candidates that in the aggregate exceed $28,330 [$27,950]
during the reporting period for special pre-election reports; or
(2) accepts political contributions from a person that in the aggregate exceed $6,450 [$6,370] during the reporting period for special pre-election reports.
(b) The period for special pre-election reports begins on the ninth day before election day and ends at noon on the day before election day.
(c) Except as provided by subsection (d) of this section, a report under this section must be received by the commission no later than the first business day after the contribution is accepted or the expenditure is made.
(d) A special pre-election report that is exempt from electronic filing under §254.036(c), Election Code, must be received by the commission no later than 5 p.m. of the first business day after the contribution is accepted or the expenditure is made.
(e) Expenditures and contributions reported under this section must be reported again in the next applicable sworn report of contributions and expenditures.
§20.553. Campaign Treasurer Appointment Not Required for County Executive Committee Accepting Contributions or Making Expenditures under Certain Amount.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter I. RULES APPLICABLE TO A POLITICAL PARTY’S COUNTY EXECUTIVE COMMITTEE
20.553. Campaign Treasurer Appointment Not Required for County Executive Committee Accepting Contributions or Making Expenditures under Certain Amount.
(a) A county executive committee accepting political contributions or making political expenditures totaling $34,220 [$33,750] or less in a calendar year is not required to:
(1) appoint a campaign treasurer before accepting political contributions or making political expenditures; or
(2) file the reports required by Subchapter F of this chapter (relating to Reporting Requirements for a General-Purpose Committee).
(b) A county executive committee described in subsection (a) of this section is required to comply with §20.551 of this title (relating to Obligation To Maintain Records).
§20.555. County Executive Committee Accepting Contributions or Making Expenditures That Exceed Certain Amount.
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Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter I. RULES APPLICABLE TO A POLITICAL PARTY’S COUNTY EXECUTIVE COMMITTEE
§20.555. County Executive Committee Accepting Contributions or Making Expenditures That Exceed Certain Amount.
(a) A county executive committee described by subsection (b) of this section is subject to the requirements of Subchapter F of this chapter (relating to Reporting Requirements for a General-Purpose Committee), except where those rules conflict with this subchapter. In the case of conflict, this subchapter prevails over Subchapter F of this chapter.
(b) A county executive committee that accepts political contributions or that makes political expenditures that, in the aggregate, exceed $34,220 [$33,750] in a calendar year shall file:
(1) a campaign treasurer appointment with the commission no later than the 15th day after the date that amount is exceeded; and
(2) the reports required by Subchapter F of this chapter (relating to Reporting Requirements for a General-Purpose Committee). The first report filed must include all political contributions accepted and all political expenditures made before the county executive committee filed its campaign treasurer appointment.
(c) Contributions accepted from corporations and labor organizations under §253.104 of the Election Code and reported under Subchapter H of this chapter (relating to Accepting and Reporting Contributions from Corporations and Labor Organizations) do not count against the $34,220 [$33,750] thresholds described in subsection (b) of this section.
(d) A county executive committee that filed a campaign treasurer appointment may file a final report, which will notify the commission that the county executive committee does not intend to file future reports unless it exceeds one of the $34,220 [$33,750] thresholds. The final report may be filed:
(1) beginning on January 1 and by the January 15 filing deadline if the committee has exceeded one of the $34,220 [$33,750] thresholds in the previous calendar year; or
(2) at any time if the committee has not exceeded one of the $34,220 [$33,750] thresholds in the calendar year.
§22.1. Certain Campaign Treasurer Appointments Required before Political Activity Begins.
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Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES
§22.1. Certain Campaign Treasurer Appointments Required before Political Activity Begins.
(a) An individual must file a campaign treasurer appointment with the proper authority before accepting a campaign contribution or making or authorizing a campaign expenditure.
(1) An officeholder may accept an officeholder contribution and make or authorize an officeholder expenditure without a campaign treasurer appointment on file.
(2) An officeholder who does not have a campaign treasurer appointment on file may not accept a campaign contribution or make or authorize a campaign expenditure.
(b) A political committee may not accept political contributions exceeding $920 [$910] and may not make or authorize political expenditures exceeding $920 [$910] without filing a campaign treasurer appointment with the appropriate filing authority.
(c) Unless the committee's campaign treasurer appointment was filed not later than the 30th day before the appropriate election day, a political committee may not knowingly make or authorize campaign contributions or campaign expenditures exceeding $920 [$910] to support or oppose a candidate in a primary or general election for the following:
(1) a statewide office;
(2) a seat in the state legislature;
(3) a seat on the State Board of Education;
(4) a multi-county district office; or
(5) a judicial district office filled by voters of only one county.
(d) This section does not apply to the county executive committee of a political party except as provided in Chapter 20, Subchapter I of this title (relating to Rules Applicable to a Political Party's County Executive Committee).
§22.7. Contribution from Out-of-State Committee.
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Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES
§22.7. Contribution from Out-of-State Committee.
(a) For each reporting period during which a candidate, officeholder, or political committee accepts a contribution or contributions from an out-of-state political committee totaling more than $940, [$930,] the candidate, officeholder, or political committee must comply with subsections (b) and (c) of this section.
(b) The candidate, officeholder, or political committee covered by subsection (a) of this section must first obtain from the out-of-state committee one of the following documents before accepting the contribution that causes the total received from the out-of-state committee to exceed $940, [$930,] during the reporting period:
(1) a written statement, certified by an officer of the out-of-state political committee, listing the full name and address of each person who contributed more than $190 to the out-of-state political committee during the 12 months immediately preceding the date of the contribution; or
(2) a copy of the out-of-state political committee's statement of organization filed as required by law with the Federal Election Commission and certified by an officer of the out-of-state committee.
(c) The document obtained pursuant to subsection (b) of this section shall be included as part of the report that covers the reporting period in which the candidate, officeholder, or political committee accepted the contribution that caused the total accepted from the out-of-state committee to exceed $940. [$930.]
(d) A candidate, officeholder, or political committee that:
(1) receives contributions covered by subsection (a) of this section from the same out-of-state committee in successive reporting periods; and
(2) complies with subsection (b)(2) of this section before accepting the first contribution triggering subsection (a) of this section, may comply with subsection (c) of this section in successive reporting periods by submitting a copy of the certified document obtained before accepting the first contribution triggering subsection (a) of this section, rather than by obtaining and submitting an original certified document for each reporting period, provided the document has not been amended since the last submission.
(e) A candidate, officeholder, or political committee that accepts a contribution or contributions totaling $940 [$930] or less from an out-of-state political committee shall include as part of the report covering the reporting period in which the contribution or contributions are accepted either:
(1) a copy of the out-of-state committee's statement of organization filed as required by law with the Federal Election Commission and certified by an officer of the out-of-state committee; or
(2) the following information:
(A) the full name of the committee, and, if the name is an acronym, the words the acronym represents;
(B) the address of the committee;
(C) the telephone number of the committee;
(D) the name of the person appointing the campaign treasurer; and
(E) the following information for the individual appointed campaign treasurer and assistant campaign treasurer:
(i) the individual's full name;
(ii) the individual's residence or business street address; and
(iii) the individual's telephone number.
(f) This section does not apply to a contribution from an out-of-state political committee if the committee filed a campaign treasurer appointment with the commission before making the contribution.
§22.37. Cryptocurrency Contributions.
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Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES
§22.37. Cryptocurrency Contributions.
(a) Candidates, officeholders, political committees, and legislative caucuses may accept cryptocurrency contributions.
(b) Cryptocurrency contributions are considered “in-kind” contributions.
(c) Cryptocurrency may not be used to make expenditures. A candidate, officeholder, political committee, or caucus must sell cryptocurrency and deposit the proceeds from the sale into an account before making an expenditure from a cryptocurrency contribution.
(d) A candidate, officeholder, or political committee must report a gain from the sale of cryptocurrency contributions on the appropriate schedule if the gain exceeds the reporting threshold set by Section 254.031(9) of the Election Code and amended by Commission Rule 18.31.
(e) The value of a cryptocurrency contribution is the fair market value of the cryptocurrency upon receipt.
(f) A candidate, officeholder, political committee, or caucus who accepts cryptocurrency contributions has the obligation to determine the legality of the cryptocurrency contributions. For a cryptocurrency contribution to be legal and eligible, a candidate, officeholder, political committee, or caucus must obtain the following information before accepting the contribution:
(1) The contributor’s full name;
(2) The contributor’s physical address;
(3) The contributor’s current employer;
(4) An affirmation that the contributor is in-fact the owner of the cryptocurrency being donated;
(5) An affirmation that the contributor is not a foreign national who has not been granted permanent residence in the United States; and
(6) An affirmation that the contributor is not a corporation or labor organization.
§34.41. Expenditure Threshold.
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Chapter 34. REGULATION OF LOBBYISTS
Subchapter B. REGISTRATION REQUIRED
§34.41. Expenditure Threshold.
(a) A person must register under Government Code, §305.003(a)(1), if the person makes total expenditures of more than $820 [$810] in a calendar quarter, not including expenditures for the person's own travel, food, lodging, or membership dues, on activities described in Government Code, §305.006(b), to communicate directly with one or more members of the legislative or executive branch to influence legislation or administrative action.
(b) An expenditure made by a member of the judicial, legislative, or executive branch of state government or an officer or employee of a political subdivision of the state acting in his or her official capacity is not included for purposes of determining whether a person is required to register under Government Code, §305.003(a)(1).
(c) An expenditure made in connection with an event to promote the interests of a designated geographic area or political subdivision is not included for purposes of determining whether a person has crossed the registration threshold in Government Code, §305.003(a)(1), if the expenditure is made by a group that exists for the limited purpose of sponsoring the event or by a person acting on behalf of such a group.
§34.43. Compensation and Reimbursement Threshold.
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Chapter 34. REGULATION OF LOBBYISTS
Subchapter B. REGISTRATION REQUIRED
§34.43. Compensation and Reimbursement Threshold.
(a) A person must register under Government Code, §305.003(a)(2), if the person receives, or is entitled to receive under an agreement under which the person is retained or employed, more than $1,640 [$1,620] in a calendar quarter in compensation and reimbursement, not including reimbursement for the person's own travel, food, lodging, or membership dues, from one or more other persons to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action.
(b) For purposes of Government Code, §305.003(a)(2), and this chapter, a person is not required to register if the person spends not more than 40 hours for which the person is compensated or reimbursed during a calendar quarter engaging in lobby activity, including preparatory activity as described by §34.3 of this title.
(c) For purposes of Government Code, §305.003(a)(2), and this chapter, a person shall make a reasonable allocation of compensation between compensation for lobby activity and compensation for other activities.