Part 2.
TEXAS ETHICS COMMISSION
Chapter 20.
REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter J. REPORTS BY A CANDIDATE FOR STATE OR COUNTY PARTY CHAIR
1 TAC §20.579
The Texas Ethics Commission proposes an amendment to §20.579,
relating to filings by candidates for county chair in certain counties. Section
20.579 currently provides that in counties with a population of 350,000 or
more, candidates for county chair of a political party with a nominee on the
ballot in the most recent gubernatorial general election, must file pre-election
campaign finance reports.
The amendment to §20.579 requires candidates for county chair to file
pre-election reports only if they are opposed. The amendment also allows a
candidate for county chair to select the modified reporting option that is
available to other candidates. The modified reporting option allows a candidate
to avoid the requirement to file pre-election reports if the candidate does
not accept contributions or make political expenditures (other than expenditures
for a filing fee) of more than $500 in the election.
David A. Reisman, Executive Director, has determined that for each year
of the first five years the 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 the rule as proposed. Mr. Reisman has also determined
that this rule will have no local employment impact.
Mr. Reisman has also determined that for each year of the first five years
the rule is in effect, the anticipated public benefit will be clarification
of the reporting requirements for certain candidates for county chair.
Mr. Reisman has also determined there will be no direct adverse effect
on small businesses or micro-businesses because this rule does not apply to
single businesses.
Mr. Reisman has further determined that there are no economic costs to
persons required to comply with the rule.
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 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 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 amended section is proposed under Government Code, Chapter
571, Section 571.062, which authorizes the commission to adopt rules concerning
the laws administered and enforced by the commission.
The proposed amendment to §20.579 affects Election Code, Section 257.005.
§20.579.Candidates for County Chair in Certain Counties.
(a) - (b)
(No change.)
(c)
In addition to the semiannual reports due to be filed with
the commission by January 15 and July 15 under section 20.577(b) of this title,
a candidate for county chair covered by this section
who has an opponent
on the ballot in an election
shall file the following two reports with
the commission for each primary election
except as provided by subsection
(d)
.
(1) - (2)
(No change.)
(d)
A candidate who has declared the intention to file
reports in accordance with section 20.217 of this title (relating to Modified
Reporting) and who remains eligible to file under the modified schedule is
not required to file pre-election reports
.
(e)
In addition to other required reports, a candidate
for county chair covered by this section who is in a runoff election shall
file one report with the commission for the runoff election. The runoff election
report shall be filed not later than the eighth day before runoff election
day. The report covers the period beginning the ninth day before the primary
election day and continuing through the tenth day before runoff election day.
(f)
[
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 January 20, 2005.
TRD-200500266
David A Reisman
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 463-5800
1 TAC §40.5
The Texas Ethics Commission proposes new §40.5, relating
to information about referrals required to be reported on the personal financial
statement filed with the Texas Ethics Commission.
The proposed new §40.5 clarifies Government Code, Section 572.0252,
the law requiring information about referrals to be reported by state officers
who are attorneys.
David A. Reisman, Executive Director, has determined that for each year
of the first five years the 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 the rule as proposed. Mr. Reisman has also determined
that this rule will have no local employment impact.
Mr. Reisman has also determined that for each year of the first five years
the rule is in effect, the anticipated public benefit will be clarification
of the reporting requirements for state officers who are subject to the Government
Code, Section 572.0252, reporting requirements.
Mr. Reisman has also determined there will be no direct adverse effect
on small businesses or micro-businesses because this rule does not apply to
single businesses.
Mr. Reisman has further determined that there are no economic costs to
persons required to comply with the rule.
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 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 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 new section is proposed under Government Code, Chapter 571,
Section 571.062, which authorizes the commission to adopt rules concerning
the laws administered and enforced by the commission.
The proposed new §40.5 affects Government Code, Section 572.0252.
§40.5.Referrals.
For purposes of section 572.0252 of the Government Code, a state officer
who is an attorney shall report on the financial statement the following:
(1)
making a referral for legal services if the state officer
was compensated for making the referral. The financial statement shall include
the full name of the person to whom the referral was made and the monetary
category for the amount received for making the referral; and
(2)
receiving a referral for compensation for legal services.
The financial statement shall include the full name of the person from whom
the referral was received.
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 January 20, 2005.
TRD-200500267
David A. Reisman
Executive Director
Texas Ethics Commission
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 463-5800
Chapter 255.
FINANCE
1 TAC §255.1
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §255.1, concerning the statewide equalization surcharge.
This action is proposed as part of Rule Review of Chapter 255, which is
being published elsewhere in this issue of
Texas
Register
, pursuant to Government Code, §2001.039.
The rule continues to be essential to the CSEC's operations and per statutory
authority.
CSEC proposes to re-adopt the rule with amendments that change the way
surcharge amounts are rounded to the next whole cent; and to clarify how the
surcharge should be calculated if the provider does not separately bill its
customers for intrastate long distance service. The purpose of the rounding
amendment is to mirror the approach required by the Texas Tax Code with respect
to sales tax. The clarification is necessary to address the situation where
a provider does not separately identify on a customer's invoice those charges
that are subject to the equalization surcharge.
Paul Mallett, executive director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Mr. Mallett also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of the
amendment will be greater consistency with the Tax Code provisions on rounding
and when intrastate long-distance service is not separately billed. While
no historical data is available, there appears to be no direct impact on small
or large businesses. There is no anticipated economic cost to persons who
are required to comply with the section as proposed.
Comments on the amendment must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
The amendment is proposed pursuant to the Health and Safety Code,
Chapter 771, §§771.001(4), 771.051, and 771.072.
No other statutes, articles or codes are affected by the proposed amendment.
§255.1.Statewide Equalization Surcharge.
An equalization surcharge is established in the amount of 6/10 of 1%
(0.60%)
. Rounding of the surcharge amount shall be in compliance with
Texas Tax Code Section 151.053.
[
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 January 24, 2005.
TRD-200500285
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 305-6933
1 TAC §255.2
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §255.2, concerning the definition of intrastate long
distance service.
This action is proposed as part of Rule Review of Chapter 255, which is
being published elsewhere in this issue of
Texas
Register
, pursuant to Government Code, §2001.039.
The rule continues to be essential to the CSEC's operations and per statutory
authority.
CSEC proposes to re-adopt the rule with two minor clerical corrections:
the deletion and the addition of a word. It is noted that staff continues
to monitor federal and industry activity that may necessitate further revision
of this rule in order to address Internet Protocol services such as Voice
over Internet Protocol.
Paul Mallett, executive director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Mr. Mallett also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of the
amendment will be more specificity and clarification on the definition and
its application. While no historical data is available, there appears to be
no direct impact on small or large businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the amendment must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
The amendment is proposed pursuant to the Health and Safety Code,
Chapter 771, §§771.001(4), 771.051, and 771.072.
No other statutes, articles or codes are affected by the proposed amendment.
§255.2.Definition of Intrastate Long-Distance Service.
Intrastate long-distance service means intrastate interexchange electronic
or electrical transmission, conveyance, routing, or reception of sounds, signals,
data or information utilizing wires, cable, radio waves, microwaves, satellites,
fiber optics, or any other methods now in existence or that may be devised.
The storage of data or information for subsequent retrieval, or the processing
or reception and processing of data or [
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 January 24, 2005.
TRD-200500286
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: March 6, 2005
For further information, please call: (512) 305-6933
(e)
] Except as provided by Section
254.036(c), Election Code, each report filed with the commission under this
section must be filed by computer diskette, modem, or other means of electronic
transfer, using computer software provided by the commission or computer software
that meets commission specifications for a standard file format.
Chapter 40.
FINANCIAL DISCLOSURE FOR PUBLIC OFFICERS
Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS
, the amount to be rounded up
to the next whole one cent ($0.01) in the case of fractions.
] This surcharge
will be assessed to each customer receiving intrastate long-distance service,
except those exempted by the
Texas
Health and Safety Code
Section
[
§
] 771.074. The surcharge shall be applied
to the total amount for intrastate long-distance service charged by the customer's
[
long-distance
] service provider, but such amount shall not include
taxes charged by local, state, and federal authorities, nor shall local, state,
or federal taxes be applied to this surcharge unless otherwise required by
law.
Texas Tax Code Section 151.025 shall apply when intrastate long
distance services are not billed separately on a customer's invoice.
the
] information intended
to change its form or content are not included in intrastate long-distance
service.
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION