1 TAC §20.33, §20.35
The Texas Ethics Commission proposes new §20.33 and §20.35,
concerning the termination of the campaign treasurer appointment of an inactive
candidate or an inactive political committee. House Bill 1606, 78th Legislature,
Regular Session, requires the Texas Ethics Commission to adopt rules under
which the commission may terminate the campaign treasurer appointment of an
inactive candidate or an inactive political committee.
Section 20.33 defines inactive candidate and inactive political committee.
Section 20.35 provides notification requirements to the affected candidate
or political committee.
David A. Reisman, Executive Director, has determined that for each year
of the first five years the 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 the rules as proposed. Mr. Reisman has also determined
that these rules will have no local employment impact.
Mr. Reisman has also determined that for each year of the first five years
the rules are in effect, the anticipated public benefit will be that inactive
candidates and political committees whose campaign treasurer has been terminated
will not continue to accumulate new reporting requirements.
Mr. Reisman has also determined there will be no direct adverse effect
on small businesses or micro-businesses because these rules do not apply to
single businesses.
Mr. Reisman has further determined that there are no economic costs to
persons required to comply with the rules.
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 David A. Reisman, 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 rules.
Information concerning the date, time, and location of commission meetings
is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
The new sections are proposed under Government Code, Chapter
571, §571.062, which authorizes the commission to adopt rules concerning
the laws administered and enforced by the commission.
The proposed new sections affect Title 15 of the Election Code.
§20.33.Termination of Campaign Treasurer Appointment by Commission.
(a)
The commission may terminate the campaign treasurer appointment
of an inactive candidate or an inactive political committee.
(b)
For purposes of subsection (a) of this section and §252.0131,
Election Code, a candidate becomes "inactive" if the candidate files a campaign
treasurer appointment with the commission and more than one year has lapsed
since the candidate has filed any required campaign finance reports with the
commission.
(c)
For purposes of subsection (a) of this section and §252.0131,
Election Code, a political committee becomes "inactive" if the political committee
files a campaign treasurer appointment with the commission and more than one
year has lapsed since the campaign treasurer of the political committee has
filed any required campaign finance reports with the commission.
(d)
This section does not apply to a candidate who has been
elected to an office specified by §252.005(1) or (5), Election Code.
§20.35.Notice of Proposed Termination of Campaign Treasurer Appointment.
(a)
Before the commission may consider termination of a campaign
treasurer appointment under §20.33 of this title (relating to Termination
of Campaign Treasurer Appointment by Commission) and §252.0131, Election
Code, the commission shall send written notice to the affected candidate or
political committee.
(b)
The written notice must be given at least 30 days before
the date of the meeting at which the commission will consider the termination
of campaign treasurer appointment and must include:
(1)
The date, time, and place of the meeting;
(2)
A statement of the commission's intention to consider termination
of the campaign treasurer;
(3)
A reference to the particular sections of the statutes
and rules that give the commission the authority to consider the termination
of the campaign treasurer; and
(4)
The effect of termination of the campaign treasurer appointment.
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 April 5, 2005.
TRD-200501434
David A. Reisman
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: May 22, 2005
For further information, please call: (512) 463-5800