Part 2.
TEXAS ETHICS COMMISSION
Chapter 20.
REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter B. GENERAL REPORTING RULES
1 TAC §20.57
The Texas Ethics Commission proposes an amendment to §20.57,
relating to the reporting of a political expenditure made by credit card.
Section 20.57 would clarify §254.035 of the Election Code, which relates
in relevant part, to the reporting of a political expenditure made by credit
card. Under the current version of §254.035, the manner in which an expenditure
made by credit card is reported varies depending on the reporting period in
which the charge was made. For the period covering the 30-day and 8-day pre-election
reports, the expenditure is reported on the date the charge was made. As to
all other reporting periods, an expenditure made by credit card is reported
on the day the credit card bill is received, which is always after the charge
was made. The proposed rule would clarify that, regardless of the period covered
by a report, it is permissible to report an expenditure made by credit card
on the date the charge was made.
David A. Reisman, Executive Director, has determined that for each year
of the first five years that 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 the 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 clarity in what
is required by the law.
Mr. Reisman has also determined there will be no direct adverse effect
on small businesses or micro-businesses because the 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 Natalia Luna Ashley, 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, §571.062,
which authorizes the commission to adopt rules concerning the laws administered
and enforced by the commission.
The proposed amendment affects §254.035 of the Election Code.
§20.57.Time of Making Expenditure.
(a)
The date of a political expenditure is the date the amount
is readily determinable by the person making the expenditure, except as provided
by subsection (b) of this section.
(b)
If under normal business practices, the amount of an expenditure
is not known or readily ascertainable until receipt of a periodic bill, the
date of the expenditure is the date the bill is received. Examples of expenditures
to which this subsection is applicable are expenditures for use of electricity
or for long-distance telephone calls.
(c)
A political expenditure by credit card
made during
the period covered by a report required to be filed under Section 254.064(b)
or (c), 254.124(b) or (c), or 254.154(b) or (c) of the Election Code,
must
be included in the report for the period during which the charge was made,
not in the report for the period during which the statement from the credit
card company was received.
(d)
A political expenditure by
credit card made during a period not covered by a report listed under subsection
(c) of this section, must be included in the report for the period during
which:
(1)
the charge was made; or
(2)
the person receives the credit card statement
that includes the expenditure.
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 July 17, 2006.
TRD-200603777
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: August 27, 2006
For further information, please call: (512) 463-5800
Chapter 24.
RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES APPLICABLE TO CORPORATIONS AND LABOR ORGANIZATIONS