TITLE 1.ADMINISTRATION

Part 1. OFFICE OF THE GOVERNOR

Chapter 3. CRIMINAL JUSTICE DIVISION

Subchapter H. CRIME STOPPERS PROGRAM CERTIFICATION

1. CRIME STOPPERS PROGRAM CERTIFICATION

1 TAC §§3.9000, 3.9007, 3.9011

The Crime Stoppers Advisory Council (Council) adopts the amendment of Subchapter H §3.9000 without changes to the proposed text as published in the December 1, 2006, issue of the Texas Register (31 TexReg 9669).

The Council adopts the addition of Subchapter H §3.9007 and §3.9011 without changes to the proposed text as published in the December 1, 2006, issue of the Texas Register (31 TexReg 9669).

The amendment to §3.9000 allows the Council to examine whether a board member's occupation conflicts with the purposes of crime stoppers and assists the Council in obtaining relevant contact information that enables the Council to communicate more effectively with crime stoppers organizations. Additionally, the amendment recognizes that probation fees are not only disbursed to crime stoppers organizations by community supervisions and corrections departments, but are also disbursed by courts and other government agencies.

The addition of §3.9007 ensures that each complaint or allegation made against a crime stoppers organization is accurately presented to the Council and allows the Council time to properly analyze and assess the merits of each complaint or allegation. The addition also clarifies that the Council may only consider complaints or allegations made against the types of crime stoppers organizations that are subject to the Council's authority to certify or decertify.

The addition of §3.9011 assists the Council in obtaining up-to-date information regarding certified crime stoppers organizations so that the Council may communicate more effectively with these organizations.

No comments were received regarding adoption of the amendment or addition of these rules.

The amendment of §3.9000, and the addition of §3.9007 and §3.9011, are adopted under the Texas Government Code, §414.006, which provides the Council with the authority to adopt rules to carry out its functions.

The amendment of §3.9000 implements the Texas Government Code, §414.011(a), which requires the Council to certify qualified crime stoppers organizations to receive payments and reward repayments.

The addition of §3.9007 implements the Texas Government Code, §414.011(d), which authorizes the Council to decertify a crime stoppers organization if it determines that the organization no longer meets the certification requirements.

No other statutes, articles, or codes are affected by the amendment and addition of these rules.

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 2, 2007.

TRD-200700292

David Zimmerman

Assistant General Counsel

Office of the Governor

Effective date: February 22, 2007

Proposal publication date: December 1, 2006

For further information, please call: (512) 936-0181


Part 2. TEXAS ETHICS COMMISSION

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter B. GENERAL REPORTING RULES

1 TAC §20.62

The Texas Ethics Commission adopts new §20.62, regarding the reporting of a political expenditure made out of personal funds by a staff member of either a candidate, officeholder, or political committee. The new rule is adopted without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10219) and will not be republished.

Section 20.62 would provide a simplified method for reporting political expenditures made out of personal funds by a staff member of a candidate, an officeholder, or a political committee that are reimbursed during the same reporting period and that in the aggregate do not exceed $500 and would clarify how reimbursement to staff members that do not fit that criteria are reported. Ethics Advisory Opinion No. 450 (2003) would be superseded by the rule.

No comments were received regarding the proposed rule during the comment period.

The new §20.62 is adopted under Government Code, Chapter 571, Section 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 5, 2007.

TRD-200700302

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Effective date: February 25, 2007

Proposal publication date: December 22, 2006

For further information, please call: (512) 463-5800


Chapter 24. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES APPLICABLE TO CORPORATIONS AND LABOR ORGANIZATIONS

1 TAC §24.1

The Texas Ethics Commission (commission) adopts an amendment to §24.1, relating to the types of corporations to which certain restrictions apply. The amendment is adopted without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10220) and will not be republished.

Section 24.1 would update the current rule to add certain types of corporations organized under the new "Texas Business Organizations Code" (BOC) to the list of corporations subject to the corporate restrictions in Title 15 of the Election Code. Currently, under §253.091 of the Election Code, the corporate restriction applies to corporations organized under the Texas Business Corporation Act, the Texas Non-Profit Corporation Act, federal law, or law of another state or nation. However, beginning on January 1, 2006, businesses no longer organize under the Texas Business Corporation Act or the Texas Non-Profit Corporation Act. Instead, these same type businesses organize under the new BOC.

No comments were received regarding the proposed rule during the comment period.

The amendment to §24.1 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 5, 2007.

TRD-200700303

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Effective date: February 25, 2007

Proposal publication date: December 22, 2006

For further information, please call: (512) 463-5800


Chapter 50. LEGISLATIVE SALARIES AND PER DIEM

1 TAC §50.1

The Texas Ethics Commission adopts an amendment to §50.1, to set the legislative per diem as required by the Texas Constitution, Article III, §24a. The amendment is adopted without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10220) and will not be republished.

Section 50.1 sets the per diem for members of the legislature and the lieutenant governor at $139 for each day during the regular session and any special session.

No comments were received regarding the proposed rule during the comment period.

This amendment is adopted under the Texas Constitution, Article III, §24a, and the Government Code, Chapter 571, §571.062.

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 2, 2007.

TRD-200700296

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Effective date: February 22, 2007

Proposal publication date: December 22, 2006

For further information, please call: (512) 463-5800


Part 3. OFFICE OF THE ATTORNEY GENERAL

Chapter 70. COST OF COPIES OF PUBLIC INFORMATION

1 TAC §§70.1 - 70.4, 70.6 - 70.8, 70.10, 70.11

The Office of the Attorney General (the ''OAG'') adopts amendments to 1 TAC §§70.1 - 70.4, 70.6 - 70.8, 70.10, and 70.11, relating to a governmental body's charges for providing copies of public information under Chapter 552 of the Texas Government Code (The Public Information Act). The amendment to §70.1(b)(2) is adopted with a minor change to the proposed text as published in the December 29, 2006, issue of the Texas Register (31 TexReg 10447). The remaining amendments are adopted without changes to the proposed text in the December 29, 2006, issue and will not be republished.

The adopted amendments to §§70.1 - 70.4, 70.6 - 70.8, 70.10 and 70.11 implement Senate Bill (''SB'') 452 and SB 727, enacted by the 79th Legislature, Regular Session (2005), which amend Chapter 552 by transferring all duties relating to the Public Information Act to the OAG. The adopted amendments will also implement several changes recommended by the Open Records Steering Committee.

No comments were received regarding the adoption of the amendments.

The amendments to §§70.1 - 70.4, 70.6 - 70.8, 70.10, and 70.11 are adopted pursuant to the rulemaking authority granted to the OAG under Texas Government Code §552.262 and §552.269.

The OAG hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the OAG's legal authority.

§70.1.Purpose.

(a) The Office of the Attorney General (the ''Attorney General'') must:

(1) Adopt rules for use by each governmental body in determining charges under Texas Government Code, Chapter 552 (Public Information) Subchapter F (Charges for Providing Copies of Public Information);

(2) Prescribe the methods for computing the charges for copies of public information in paper, electronic, and other kinds of media; and

(3) Establish costs for various components of charges for public information that shall be used by each governmental body in providing copies of public information.

(b) Governmental bodies must use the charges established by these rules, unless:

(1) Other law provides for charges for specific kinds of public information;

(2) They are a governmental body other than a state agency, and their charges are within a 25 percent variance above the charges established by the Attorney General;

(3) They request and receive an exemption because their actual costs are higher; or

(4) In accordance with Chapter 552 of the Texas Government Code (also known as the Public Information Act), the governmental body may grant a waiver or reduction for charges for providing copies of public information pursuant to §552.267 of the Texas Government Code.

(A) A governmental body shall furnish a copy of public information without charge or at a reduced charge if the governmental body determines that waiver or reduction of the fee is in the public interest because furnishing the information primarily benefits the general public; or

(B) If the cost to the governmental body of processing the collection of a charge for a copy of public information will exceed the amount of the charge, the governmental body may waive the charge.

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 2, 2007.

TRD-200700291

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Effective date: February 22, 2007

Proposal publication date: December 29, 2006

For information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.