Part 2.
TEXAS ETHICS COMMISSION
Chapter 6.
ORGANIZATION AND ADMINISTRATION
The Texas Ethics Commission proposes the amendment of §6.1, concerning
the definitions for the Ethics Commission's rules; and §6.81, concerning
charges, payments of money, and refunds; and the repeal of §6.85, concerning
the charge for FAX transmittals. The definitions in §6.1 include the
commission's former office address. That provision is being deleted. Subsection
(b) of §6.81 provides that payments to the commission shall be made in
United States specie, money order, or by certified or personal check. That
provision is being deleted because payment may also be made by credit card
for certain transactions. The charge for FAX transmittals provided in §6.85
conflicts with General Service Commission rules. That section is being deleted.
Karen Lundquist, General Counsel, has determined that for each year of
the first five years these rules are in effect there will be no fiscal implication
for the state and no fiscal implication for local government as a result of
enforcing or administering these rules.
Ms. Lundquist also has determined that for each year of the first five
years these rules are in effect, the public benefits expected as a result
of adoption of the proposed rules are the following: The deletion of an outdated
commission address, deletion of an outdated provision that restricts the method
of payment to the commission, and deletion of a provision that conflicts with
General Service Commission rules relating to charges for facsimile transmissions.
There will be no effect on small businesses or micro-businesses as a result
of enforcing these sections. There is no anticipated economic cost to persons
who are required to comply with the sections as proposed.
The Texas Ethics Commission invites comments on the proposed rules from
any member of the public. A written statement should be mailed or delivered
to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, Texas
78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to
offer spoken comments to the commission concerning the proposed rules may
do so at any commission meeting during the agenda item "Communication to the
Commission from the Public" and during the public comment period at a commission
meeting when the commission considers final adoption of the proposed rules.
Information concerning the date, time, and location of commission meetings
is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
Subchapter A. GENERAL RULES
1 TAC §6.1
The amendment is proposed under Government Code, Chapter 571,
Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendment of §6.1 affects no other codes, articles, or
statutes.
§6.1.Definitions.
The following words and terms, when used in this part, shall have the
following meanings, unless the context clearly indicates otherwise.
(1)-(3)
(No change.)
[
Agency office--The offices
of the agency located at 1101 Camino La Costa, Austin, Texas 78752; with a
mailing address of P.O. Box 12070, Austin, Texas 78711.]
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103278
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §6.81
The amendment is proposed under Government Code, Chapter 571,
Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendment of §6.81 affects no other codes, articles,
or statutes.
§6.81.Charges; Payment of Money; Refunds.
(a)
(No change.)
[
All payments of money to the
agency shall be made in United States specie, money orders, or by certified
or personal check. Money orders and checks must be made payable to the "Texas
Ethics Commission." Payment sent by mail to the agency is at the risk of the
sender.]
(b)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 11, 2001.
TRD-200103279
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §6.85
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Ethics Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Government Code, Chapter
571, Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed repeal of §6.85 affects no other codes, articles, or
statutes.
§6.85.Charge for FAX Transmittal.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on June 11, 2001.
TRD-200103280
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §8.3
The Texas Ethics Commission proposes the amendment of §8.3,
concerning the subject of an advisory opinion. The amendment of §8.3,
adds the following to the list of laws the commission has the authority to
construe in an advisory opinion: Government Code chapter 303, concerning Governor
for a Day and Speaker's Reunion Day Ceremonies; Government Code chapter 2004,
concerning Representation Before State Agencies; and 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 personal
financial statements with the commission.
Karen Lundquist, General Counsel, has determined that for each year of
the first five years this rule is in effect there will be no fiscal implication
for the state and no fiscal implication for local government as a result of
enforcing or administering this rule.
Ms. Lundquist also has determined that for each year of the first five
years this rule is in effect, the public benefit expected as a result of adoption
of the proposed rule is the following: The rule will conform to current law.
There will be no effect on small businesses or micro-businesses as a result
of enforcing this section. There is no anticipated economic cost to persons
who are required to comply with the section as proposed.
The Texas Ethics Commission invites comments on the proposed rule from
any member of the public. A written statement should be mailed or delivered
to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, Texas
78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to
offer spoken comments to the commission concerning the proposed rule may do
so at any commission meeting during the agenda item "Communication to the
Commission from the Public" and during the public comment period at a commission
meeting when the commission considers final adoption of the proposed rule.
Information concerning the date, time, and location of commission meetings
is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
The amendment is proposed under Government Code, Chapter 571,
Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendment of §8.3 affects Section 571.091, Government
Code.
§8.3.Subject of an Advisory Opinion
(a)
The commission will issue a written advisory opinion on
the following 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)
(No change.)
(2)
Government Code, Chapter 303 (concerning
Governor for a Day and Speaker's Reunion Day Ceremonies);
(3)
[
(4)
[
(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)
[
(8)
[
(9)
[
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103281
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
Subchapter A. GENERAL PROVISIONS AND PROCEDURES
1 TAC §12.5
The Texas Ethics Commission proposes the amendment of §12.5,
concerning the subject matter of a sworn complaint. The amendment adds the
following to the list of laws over which the commission has enforcement authority:
Government Code chapter 303, concerning Governor for a Day and Speaker's Reunion
Day Ceremonies; Government Code chapter 2004, concerning Representation Before
State Agencies; and 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 personal financial statements with the commission.
Karen Lundquist, General Counsel, has determined that for each year of
the first five years this rule is in effect there will be no fiscal implication
for the state and no fiscal implication for local government as a result of
enforcing or administering this rule.
Ms. Lundquist also has determined that for each year of the first five
years this rule is in effect, the public benefit expected as a result of adoption
of the proposed rule is the following: The rule will conform to current law.
There will be no effect on small businesses or micro-businesses as a result
of enforcing this section. There is no anticipated economic cost to persons
who are required to comply with the section as proposed.
The Texas Ethics Commission invites comments on the proposed rule from
any member of the public. A written statement should be mailed or delivered
to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, Texas
78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to
offer spoken comments to the commission concerning the proposed rule may do
so at any commission meeting during the agenda item "Communication to the
Commission from the Public" and during the public comment period at a commission
meeting when the commission considers final adoption of the proposed rule.
Information concerning the date, time, and location of commission meetings
is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
The amendment is proposed under Government Code, Chapter 571,
Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendment of §12.5 affects Section 571.061, Government
Code.
§12.5.Subject Matter of a Sworn Complaint.
The commission will not consider a complaint or vote to investigate:
(1)
an allegation that a person has violated any law other
than the Government Code, Chapter 302 (concerning Speaker of the House of
Representatives),
Chapter 303 (concerning Governor for a Day and Speaker's
Reunion Day Ceremonies),
Chapter 305 (concerning Registration of Lobbyists),
Chapter 571 (concerning Texas Ethics Commission), [
(2) - (4)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103282
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
The Texas Ethics Commission proposes the amendment of §20.3,
concerning the types of candidates who file reports, including campaign treasurer
appointments, with the commission; §20.5, concerning the types of candidates
who file reports with the county filing authority; §20.11, providing
that the laws enforced by the commission do not apply to a candidate for federal
office or to a federal officer; §20.221, concerning telegram reports
filed by candidates for state senate or representatives; §20.281, concerning
special session reports filed by officeholders; §20.301, concerning the
waiting period for specific-purpose committees that support or oppose candidates
who file with the commission; §20.333, concerning telegram reports filed
by specific-purpose committees supporting or opposing candidates for state
senate or representative; §20.337, concerning special session reports
filed by specific-purpose committees; and §20.401, concerning the waiting
period for general-purpose committees that support or oppose candidates who
file with the commission. The amendment to §20.3 reflects that single-county
district judges are now required to file with the commission. The amendment
to §20.5 reflects that single-county district judges are also required
to file reports with the county clerk but are not required to file campaign
treasurer appointments with the county clerk. The amendment to §20.11
reflects that federal candidates are no longer required to file federal campaign
finance reports with commission. The amendment to §20.221 reflects the
bill passed by the 77th Legislature requiring statewide candidates to file
telegram reports. The amendment to §20.281 reflects that contributions
reported in a special session report are also required to be reported in the
next report. This comports with the commission's rule for candidates. The
amendment to §20.301 reflects that single-county district judges are
now required to file with the commission. The amendment to §20.333 reflects
the bill passed by the 77th Legislature requiring specific-purpose committees
supporting or opposing statewide candidates to file telegram reports. The
amendment to §20.337 reflects that contributions reported in a special
session report are also required to be reported in the next report. The amendment
to §20.401 reflects that single-county district judges are now required
to file with the commission.
Karen Lundquist, General Counsel, has determined that for each year of
the first five years these rules are in effect there will be no fiscal implication
for the state and no fiscal implication for local government as a result of
enforcing or administering these rules.
Ms. Lundquist also has determined that for each year of the first five
years these rules are in effect, the public benefits expected as a result
of adoption of the proposed rules are the following: The amendments of §§20.3,
20.5, 20.221, 20.301, 20.333, and 20.401 will conform the rules to current
law. The amendment of §20.11 conforms the rule to reflect that the federal
government no longer requires federal candidates to file campaign finance
reports with the Ethics Commission because the Ethics Commission provides
a link to the Federal Election Commission's Web site so that federal reports
may be accessed. The amendments of §20.281 and §20.337 comport with
the rule applicable to candidates filing special session reports. There will
be no effect on small businesses or micro-businesses as a result of enforcing
these sections. There is no anticipated economic cost to persons who are required
to comply with the sections as proposed.
The Texas Ethics Commission invites comments on the proposed rules from
any member of the public. A written statement should be mailed or delivered
to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, Texas
78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to
offer spoken comments to the commission concerning the proposed rules may
do so at any commission meeting during the agenda item "Communication to the
Commission from the Public" and during the public comment period at a commission
meeting when the commission considers final adoption of the proposed rules.
Information concerning the date, time, and location of commission meetings
is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
Subchapter A. GENERAL RULES
1 TAC §§20.3, 20.5, 20.11
The amendments are proposed under Government Code, Chapter
571, §571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendments of §20.3 affects §252.005, Election Code; §20.5
affects §252.005 and §254.066, Election Code; and §20.11 affects §251.006,
Election Code.
§20.3.Reports Filed with the Commission.
The Ethics Commission is the appropriate filing authority for reports
filed by:
(1)
a candidate for one of the following offices:
(A)-(C)
(No change.)
(D)
a seat on the State Board of Education; [
(E)
an office of a political subdivision other than a county,
if the governing body of the political subdivision has not been formed and
if the political subdivision includes territory in more than one county;
or
(F)
a judicial district office filled by voters
of only one county, subject to §20.5(b);
(2)-(6)
(No change.)
§20.5.Reports Filed with a County Filing Authority.
(a)
The county clerk (or the county elections administrator
or tax assessor-collector, as applicable in a particular county) is the appropriate
filing authority for reports filed by:
(1)
a candidate for:
(A)
a county office;
(B)
a precinct office;
(C)
a district office (except for an office in a multi-county
district; or
(D)
an office of a political subdivision other than a county
if the political subdivision is within the boundaries of a single county and
if the governing body of the political subdivision has not been formed;
(2)
a person holding an office listed in paragraph (1) of this
section;
(3)
a specific-purpose committee supporting or opposing a candidate
listed in paragraph (1) of this section or an office holder listed in paragraph
(2) of this section;
(4)
a specific-purpose committee supporting or opposing:
(A)
a measure to be submitted to the voters of a single county;
or
(B)
a measure concerning a political subdivision other than
a county when the governing body for the political subdivision has not been
formed and no boundary of the political subdivision crosses a boundary of
a county.
(b)
A report must be filed with both the county
filing authority and the commission if the report is required to be filed
by a candidate for or holder of a judicial district office filled by voters
of only one county, or by a specific-purpose committee supporting, opposing,
or assisting such a candidate or officeholder. However, the campaign treasurer
appointment must be filed only with the commission.
§20.11.Federal Candidates and Officeholders.
[
The laws administered and enforced by the
commission do not apply to a candidate for election to an office of the federal
government or to a federal officeholder.
[(b)
A candidate for an elective office of
the federal government shall file with the commission a copy of each document
relating to his or her candidacy that is required to be filed under federal
law within the same period in which it is required to be filed under federal
law.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103283
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §20.221
The amendment is proposed under Government Code, Chapter 571, §571.062,
which provides authorization for the commission to adopt rules concerning
the laws administered and enforced by the commission.
The proposed amendment of §20.221 affects §254.038, Election
Code.
§20.221.Telegram Report by Certain Candidates.
(a)
(No change.)
(b)
The following candidates must file telegram reports:
(1)
an opposed candidate for
statewide office or
state senator 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 $1,000; and
(2)
(No change.)
(c)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 11, 2001.
TRD-200103284
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §20.281
The amendment is proposed under Government Code, Chapter 571, §571.062,
which provides authorization for the commission to adopt rules concerning
the laws administered and enforced by the commission.
The proposed amendment of §20.281 affects §254.0391, Election
Code
§20.281.Special Session Report by Certain Officeholders.
(a)-(b)
(No change.)
(c)
Contributions reported in a special session report are
required
[
(d)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 11, 2001.
TRD-200103285
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §§20.301, 20.333, 20.337
The amendments are proposed under Government Code, Chapter
571, Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendments of §20.301 affects Section 253.031, Election
Code; §20.333 affects Section 254.038, Election Code; and §20.337
affects Section 254.0391, Election Code.
§20.301.Thresholds for Campaign Treasurer Appointment.
(a)
(No change.)
(b)
A specific-purpose committee may not knowingly make or
authorize campaign contributions or campaign expenditures exceeding $500 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)-(2)
(No change.)
(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.
§20.333.Telegram Report by Certain Specific-Purpose Committees.
(a)
(No change.)
(b)
Campaign treasurers for the following specific-purpose
committees must file telegram reports:
(1)
a specific-purpose committee for supporting or opposing
a candidate for
statewide office or
state senator 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 $1,000;
and
(2)
(No change.)
(c)-(g)
(No change.)
§20.337.Special Session Reports by Specific-Purpose Committees.
(a)-(c)
(No change.)
(d)
Contributions reported in a special session report are
required
[
(e)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 11, 2001.
TRD-200103286
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §20.401
The amendment is proposed under Government Code, Chapter 571,
Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendment of §20.401 affects Section 253.031, Election
Code.
§20.401.Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee.
(a)
(No change.)
(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 $500 to support or oppose a candidate in a primary
or general election for the following:
(1)-(2)
(No change.)
(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.
(c)-(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on June 11, 2001.
TRD-200103287
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
The Texas Ethics Commission proposes the amendment of §22.1,
concerning the waiting period for political committees that support or oppose
candidates who file with the commission; and §22.19 concerning the use
of political contributions to reimburse personal funds for the use of personal
assets for political purposes; and the repeal of §22.32 concerning the
transitional rule authorizing certain judicial candidates and officeholders
to accept political contributions for the purpose of retiring debt. The amendment
of §22.1 reflects that single-county district judges are now required
to file with the commission. The amendment of §22.19 reflects that ethics
advisory opinions authorize any reasonable rate of reimbursement for the use
of a personal vehicle for political purposes, not just the IRS standard mileage
rate. The provisions in §22.32 have been executed and are no longer effective.
Karen Lundquist, General Counsel, has determined that for each year of
the first five years these rules are in effect there will be no fiscal implication
for the state and no fiscal implication for local government as a result of
enforcing or administering these rules.
Ms. Lundquist also has determined that for each year of the first five
years these rules are in effect, the public benefits expected as a result
of adoption of the proposed rules are the following: The amendment of §22.1
will conform the rule to current law. The amendment of §22.19 recognizes
that ethics advisory opinions allow any reasonable rate of reimbursement for
the use of a personal vehicle for political purposes and conforms the rule
to current interpretations. §22.32 is a transitional rule that has been
executed and is thus no longer effective. There will be no effect on small
businesses or micro-businesses as a result of enforcing these sections. There
is no anticipated economic cost to persons who are required to comply with
the sections as proposed.
The Texas Ethics Commission invites comments on the proposed rules from
any member of the public. A written statement should be mailed or delivered
to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, Texas
78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to
offer spoken comments to the commission concerning the proposed rules may
do so at any commission meeting during the agenda item "Communication to the
Commission from the Public" and during the public comment period at a commission
meeting when the commission considers final adoption of the proposed rules.
Information concerning the date, time, and location of commission meetings
is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
1 TAC §22.1, §22.19
The amendments are proposed under Government Code, Chapter
571, Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed amendment of §22.1 affects Section 253.031, Election
Code; and §22.19 affects Section 253.035, Election Code.
§22.1.Certain Campaign Treasurer Appointments Required before Political Activity Begins.
(a)-(d)
(No change.)
(e)
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 $500 to support or oppose a candidate in a primary
or general election for the following:
(1)-(2)
(No change.)
(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.
(f)
(No change.)
§22.19.General Restrictions on Reimbursement of Personal Funds.
(a)-(b)
(No change.)
(c)
A candidate or officeholder may reimburse personal funds
from political contributions for the use of personal assets for political
purposes provided that the reimbursement is reported as a political expenditure.
[
(d)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103288
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
1 TAC §22.32
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Ethics Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Government Code, Chapter
571, Section 571.062, which provides authorization for the commission to adopt
rules concerning the laws administered and enforced by the commission.
The proposed repeal of §22.32 affects Section 253.153, Election Code.
§22.32.Transitional Rule for Debt Retirement of Judicial Candidates and Officeholders Not Running in the 1996 Election.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on June 11, 2001.
TRD-200103289
Tom Harrison
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-5800
(4)
(5)
] Commission--The Texas Ethics
Commission, as constituted and described in the Texas Constitution, Article
3, §24a.
(6)
] Document--A report, complaint,
response, letter, or any other written material.
(7)
] Executive director--The person
employed by the commission to serve as the agency's chief administrative officer,
or any other employee of the commission acting as the designee of the executive
director.
(8)
] Family member or relative--An
individual who is related within the second degree of affinity or consanguinity,
as defined by the Government Code, Chapter 573, Subchapter B (concerning Relationships
by Consanguinity or by Affinity).
(9)
] Filer--A person required to
file a report with the commission or a local filing authority in accordance
with this title.
(10)
] Individual--A human being
who has been born and is alive.
(11)
] Local filing authority--A
public servant other than the Texas Ethics Commission with whom a filer must
file a report in accordance with this title, as identified in §20.5 of
this title (relating to Reports Filed with a County Filing Authority) and §20.7
of this title (relating to Reports Filed with Other Local Filing Authority).
(12)
] Open Meetings Law--The Government
Code, Chapter 551 (concerning Open Meetings).
(13)
] Open Records Law--The Government
Code, Chapter 552 (concerning Open Records).
(14)
] Person--An individual, representative,
corporation, association, or other entity, including any nonprofit corporation,
or any agency or instrumentality of federal, state, or local government.
(15)
] Postmark--A postal cancellation
by the United States Postal Service that contains the post office name, state,
and zip code and the month, day, and year the canceling post office accepted
custody of the material.
(16)
] Presiding officer--The person
elected to serve as the commission's chairman or chairwoman under §6.21
of this title (relating to Officers of the Commission).
(17)
] Report--Any document or other
information required to be filed under this title.
(18)
] Staff--Employees of the commission,
hired by the commission or the executive director.
(19)
] Title 15--The Election Code,
Title 15 (concerning Regulating Political Funds and Campaigns).
Subchapter E. AGENCY FEES AND CHARGES
(b)
(c)
] Money paid by actual mistake
or in excess, such as a payment not required by law, may be refunded. A mere
change of purpose after the payment of money, as when a party desires to withdraw
a filing, will not entitle a party to a refund.
Chapter 8.
ADVISORY OPINIONS
(2)
] Government Code, Chapter 305
(concerning Registration of Lobbyists);
(3)
] Government Code, Chapter 572
(concerning Personal Financial Disclosure, Standards of Conduct, and Conflict
of Interest);
(4)
] Election Code, Title 15 (concerning
Regulating Political Funds and Campaigns);
(5)
] Penal Code, Chapter 36 (concerning
Bribery and Corrupt Influence); and
(6)
] Penal Code, Chapter 39 (concerning
Abuse of Office).
Chapter 12.
SWORN COMPLAINTS
or
] Chapter
572 (concerning Personal Financial Disclosure, Standards of Conduct, and Conflict
of Interest)
,
[
;
]
or Chapter 2004 (concerning Representation
Before State Agencies); Local Government Code, Chapter 159, Subchapter C,
in connection with a county judicial officer who elects to file a financial
statement with the commission;
Election Code, Title 15 (concerning Regulating
Political Funds and Campaigns); or a commission rule adopted to administer
and enforce one of these laws;
Chapter 20.
REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
or
]
(a)
]
Subchapter C. REPORTING REQUIREMENTS FOR A CANDIDATE
Subchapter D. REPORTING REQUIREMENTS FOR AN OFFICEHOLDER WHO DOES NOT HAVE A CAMPAIGN TREASURER APPOINTMENT ON FILE
not
] to be reported in
the next applicable
sworn report of contributions and expenditures
[
any other report
].
Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE
or
]
.
]
not
] to be reported in
the next applicable
sworn report of contributions and expenditures
[
any other report
].
Subchapter F. REPORTING REQUIREMENT FOR A GENERAL-PURPOSE COMMITTEE
or
]
.
]
Chapter 22.
RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES
or
]
.
]
Reimbursement of personal funds from political contributions for the
use of a personal vehicle for political purposes must be at the rate set in
accordance with the IRS standard mileage rate for business use of a vehicle.
]
Chapter 26.
POLITICAL AND LEGISLATIVE ADVERTISING