Part 2.
TEXAS ETHICS COMMISSION
Chapter 6.
ORGANIZATION AND ADMINISTRATION
Subchapter A. GENERAL RULES
1 TAC §6.5
The Texas Ethics Commission adopts an amendment to §6.5,
relating to the authority of the Texas Ethics Commission to adopt rules. The
amendment is adopted without changes to the proposed text as published in
the December 2, 2005, issue of the
Texas Register
(30 TexReg 7955) and will not be republished.
The amendment to §6.5 revises the rule that establishes the Ethics
Commission's authority to adopt rules. The amendment would prohibit the commission
from adopting a rule that in the opinion of the commission directly addresses
the subject matter of pending litigation known to the commission.
The Ethics Commission received the following comments regarding the adoption
of the amendment.
Ms. Kathy Hutto, Governmental Affairs Consultant with Jackson Walker, L.L.P.,
stated that "[t]his rule is not needed as the Commission currently has the
authority to act or not act on a rule. If adopted, this rule would eliminate
the Commission's ability to consider rulemakings if needed to provide guidance
or give clarity to those whom you regulate. It is understandable that the
Commission may not want to adopt rules in the middle of litigation involving
the same subject, but that is possible now. Unnecessarily restricting the
Commission from having flexibility when needed may prove to be very shortsighted."
Mr. Jack Gullahorn, President and General Counsel with the Professional
Advocacy Association of Texas, stated that "[t]he proposed rule limiting the
Commission's ability to adopt rules is unnecessary as the Commission already
has no obligation nor mandate to propose or adopt any rule if the Commission
determines that justice, equity or particular circumstances should preclude
the adoption, or even publication of the rule for public input and comment."
Mr. Gullahorn further stated that "[t]he proposed rule under consideration
would unnecessarily restrict the power of the Commission to meet its obligations
to advise the public as to the application and administration of the various
statutes falling under the Commission's jurisdiction. The proposed rule should
not be adopted."
The Ethics Commission considered comments from all parties but was satisfied
with the rule as proposed. No change was made as a result of the comments.
The amendment is adopted under Government Code, Chapter 571, §571.062,
which authorizes the commission to adopt rules concerning the laws administered
and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 14, 2006.
TRD-200600785
David A. Reisman
Executive Director
Texas Ethics Commission
Effective date: March 6, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-5800
1 TAC §18.23
The Texas Ethics Commission adopts an amendment to §18.23,
relating to administrative waivers of fines. The amendment is adopted without
changes to the proposed text as published in the December 2, 2005, issue of
the
Texas Register
(30 TexReg 7955) and will
not be republished.
The amendment to §18.23 revises the rule relating to administrative
waivers of fines by extending the reasons for which the executive director
may grant a waiver of a late fine assessed in connection with a personal financial
statement. Currently, the executive director has the authority to administratively
waive a late fine for certain filers if the personal financial statement was
the first one that the filer was required to file. Section 18.23 would allow
the executive director to waive a late fine for certain filers if the personal
financial statement was the first one to be filed late.
Section 18.23 also clarifies the applicability of the rule in connection
with campaign finance reports.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under Government Code, Chapter 571, §571.062,
which authorizes the commission to adopt rules concerning the laws administered
and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 14, 2006.
TRD-200600787
David A. Reisman
Executive Director
Texas Ethics Commission
Effective date: March 6, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-5800
Subchapter F. REPORTING REQUIREMENT FOR A GENERAL-PURPOSE COMMITTEE
1 TAC §§20.417, 20.431, 20.434, 20.441
The Texas Ethics Commission adopts the amendments to §§20.417,
20.431, 20.441, and new §20.434, relating to alternative reporting requirements
for general-purpose committees. The amendments and new rule are adopted without
changes to the proposed text as published in the December 2, 2005, issue of
the
Texas Register
(30 TexReg 7956) and will
not be republished.
Section 20.417 relates to the filing requirement of a campaign treasurer
of a general-purpose committee whose appointment was terminated. The amendment
reflects the reporting requirement of new §20.434.
Section 20.431 relates to the filing requirement of a general-purpose committee
that files campaign finance reports monthly. The amendment reflects the reporting
requirement of new §20.434.
Section 20.441 relates to the contents of a dissolution report filed by
a general-purpose committee. The amendment reflects the reporting requirement
of new §20.434.
Section 20.434 clarifies §254.1541 of the Election Code by providing
that the alternative reporting requirement applies only to political contributions.
No comments were received regarding the adoption of the amendments and
new rule.
The amendments and new rule are adopted under Government Code,
Chapter 571, §571.062, which authorizes the commission to adopt rules
concerning the laws administered and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 14, 2006.
TRD-200600788
David A. Reisman
Executive Director
Texas Ethics Commission
Effective date: March 6, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-5800
1 TAC §20.553, §20.555
The Texas Ethics Commission adopts the amendments to §20.553
and §20.555, relating to the filing requirements for a county executive
committee. The amendments are adopted without changes to the proposed text
as published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 7957) and will not be republished.
Section 20.553 currently requires county executive committees that make
or accept political contributions that in the aggregate, exceed $5,000 in
a calendar year, to file a campaign treasurer appointment and file campaign
finance reports. The amended rule tracks a statutory change and raises the
$5,000 to $25,000. A county executive committee that accepts or makes political
contributions that in the aggregate do not exceed $25,000 in a calendar year
is not required to file a campaign treasurer appointment and is not required
to file campaign finance reports.
Section 20.555 currently requires county executive committees to appoint
a campaign treasurer and file campaign finance reports if the committee accepts
or makes political contributions that in the aggregate exceed $5,000. The
amended rule would raise the threshold to $25,000, to reflect the new law.
No comments were received regarding the adoption of the amendments to §20.553
and §20.555.
The amendments are adopted under Government Code, Chapter 571, §571.062,
which authorizes the commission to adopt rules concerning the laws administered
and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 14, 2006.
TRD-200600789
David A. Reisman
Executive Director
Texas Ethics Commission
Effective date: March 6, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-5800
Chapter 18.
GENERAL RULES CONCERNING REPORTS
Chapter 20.
REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter I. RULES APPLICABLE TO A POLITICAL PARTY'S COUNTY EXECUTIVE COMMITTEE
Chapter 22.
RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES