Part 2. TEXAS ETHICS COMMISSION
Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter B. GENERAL REPORTING RULES
The Texas Ethics Commission proposes new §20.50, relating to the reporting of the total amount of political contributions maintained.
A campaign finance report is required to disclose the total amount of political contributions maintained in one or more accounts as of the last day of the reporting period. The new rule would clarify what is included in the total amount to be reported.
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 proposed new §20.50 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 new §20.50 affects §254.031(a)(8) and §254.0611(a)(1), Election Code.
§20.50.Total Political Contributions Maintained.
(a) For purposes of Election Code §254.031(a)(8) and §254.0611(a)(1), the total amount of political contributions maintained in one or more accounts includes the following:
(1) Balance on deposit in banks, savings and loan institutions and other depository institutions; and
(2) The present value of any investments that can be readily converted to cash, such as certificates of deposit, money market accounts, stocks, bonds, treasury bills, etc.
(b) For purposes of Election Code §254.031(a)(8) and §254.0611(a)(1), the total amount of political contributions maintained does not include personal funds that the filer intends to use for political expenditures.
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 10, 2008.
TRD-200801905
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: May 25, 2008
For further information, please call: (512) 463-5800
Subchapter A. VOTER REGISTRATION
1 TAC §§81.15 - 81.17, 81.19, 81.23
The Office of the Secretary of State proposes amendments to §§81.15 - 81.17, 81.19, and 81.23 concerning disbursement of funds under the Texas Election Code, Chapter 19. These amendments will allow for detail clarification of specific rulings of the Chapter 19 fund for both the county Voter Registrar and the Office of the Secretary of State. These rules designate which goods and services are reimbursable with Chapter 19 funds and outline procedures to be followed by county voter registrars to obtain such reimbursement.
Ann McGeehan, Director of Elections, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments as proposed.
Ms. McGeehan has also determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the amendments will be a better use of the Chapter 19 funds and a more efficient reimbursement processing procedure. There will be no effect on small businesses. There is no anticipated economic cost to the voter registrars.
Written comments on these proposed rules may be submitted before 5:00 p.m., Tuesday, May 27, 2008, to the Office of the Secretary of State, Shelia Latting, Manager of Elections Funds Management, P.O. Box 12060, Austin, Texas 78711.
The amendments are proposed under the Texas Election Code, §31.003 and §19.002(b), which provides the Secretary of State with the authority to obtain and maintain uniformity in the application, interpretation, and operation of provisions under the Texas Election Code and other election laws, and in performing such duties, to prepare detailed and comprehensive written directives and instructions based on such laws, and to adopt rules consistent with the Election Code.
The Texas Election Code, Chapter 19, §19.002(b) is affected by these proposed amendments.
§81.15.Funding Period.
Chapter 19 funding requests must be received within 30 days
of payment to vendor [the vendor's invoice date].
Travel expense reimbursement requests must be submitted within 30
days of the completion of travel. Temporary employee funding requests
may not cover longer than a four (4) [12] consecutive
week period [and must be submitted within 30 days of the end
of the subject work period].
§81.16.Electronic Submission of Chapter 19 Purchase Request Required for Payment.
The Agency shall prescribe an electronic web-based application
format for the submission of Chapter 19 Purchase Request for use by
each county voter registrar. In addition to any supporting documentation
required by this chapter, the voter registrar must submit a signed
facsimile or signed scanned image of the supporting documentation
via attachment to the electronic submission. If a Chapter 19 Purchase
Request is received by the Agency seeking funding which is not allowable
under the Texas Election Code, Chapter 19, these rules, and Agency
directives, the Agency shall so notify the voter registrar [
in writing
] within 14 business days of receipt of such form via
email, written notification or election response from the web-based
system. All electronic requests must be submitted through the designated
secured electronic web-based application designed
solely [only
] for Chapter 19 purchases, located on the Office of the
Secretary of State web site. Facsimile supporting documentation received
after 5:00 p.m. will be considered to be received on the next business day.
§81.17.Competitive Bidding Required.
Except for the purchase of voter registration advertising, and temporary staff the voter registrar shall submit bids for the purchase of items or services to be paid for with Chapter 19 funds according to the following guidelines:
(1) No competitive bids for individual purchases of less than $2,000 are required. However, the voter registrar shall take the steps necessary to insure that all charges are reasonable and competitive relative to the local market. (Note: A large purchase may not be divided into small lot purchases to circumvent the dollar limits established by this section. For example, expenditures for computer equipment to a single vendor that total more than $2,000 are subject to the competitive bid requirement and may not be split between printers/scanner/computers.)
(2) Request for funding for individual purchases of $2,000 but less than $10,000 must be accompanied by three written bids from three different vendors stating the vendor's name, complete mailing address, telephone number, and the amount of the bid. Copies of all bids received will be forwarded to the Agency as an attachment with the electronic submission. In instances when the specifications on the lowest bid are unacceptable, a signed letter by the voter registrar must accompany stating the reason specifications on the lowest bid does not meet your needs. If a purchase is through the Texas Procurement and Support Services (TPASS) cooperative purchasing programs for state contract purchasing for the State of Texas, bids are not required. Proper documentations must be submitted to indicate the type of procurement service used and the source for those services.
(3) Any request for funding for a purchase of $10,000 or greater must have received the prior written approval of the Agency. Upon receipt of such approval, the voter registrar will advertise for bids in the manner dictated by county regulations. Copies of all bids received will be forwarded to the Agency as an attachment with the electronic submission.
(4) If a purchase is handled by a county's purchasing department, the voter registrar may use county purchasing guidelines instead of those set by paragraphs (1) and (2) of this section. However, a copy of the bids, if applicable per your county, a copy of the county guidelines and signed recommendation of the county purchasing department must be submitted with the Chapter 19 Purchase Request.
(5) Sole source vendor purchases and situations when the lowest bid is not accepted are discouraged. In rare instances when this type of purchase is required, a waiver request, stating a justification, must be submitted and signed by the voter registrar. If the item purchased is greater than $2,000, the waiver request must also be signed by the person responsible for county purchases. Only when a sole source vendor purchase or the acceptance of a bid higher than the lowest bid is required by county guidelines may such purchases be reimbursed with Chapter 19 funds and then, only upon receipt of the waiver request described herein above.
§81.19.Method of Payment.
Except for travel advances provided by §81.23 of this
title (relating to Travel Using Chapter 19 Funds Authorized), all
payments made from Chapter 19 funds will be issued on a reimbursement
basis[, only after the goods or services have been received].
An invoice from the vendor
and a copy of the county paid voucher,
ledger or bank statement
must be submitted with all Chapter
19 Purchase Requests. The signed timesheet required by §81.22
of this title (relating to Use of Chapter 19 Funds for Temporary Employees)
will be considered a "vendor's invoice" for purposes of this rule.
Payments issued by the Comptroller of Public Accounts will be payable
to the county, in the form of direct deposit to a new or pre-existing
bank account as directed by the voter registrar. If the county
establishes a new account, the county must budget funds to cover all
setup fees, check orders and/or service charges associated with opening
and maintaining the new account. Chapter 19 funds will not incur any
fees or service charges associated with the setting up of a new account.
Please note: our office encourages the county to use an existing account
and develop a separate fund. The county voter registrar will
use such account for the purpose of depositing and/or expending Chapter
19 funds. The voter registrar shall not commingle Chapter 19
fund ledger accounts [funds
] with any other county fund ledger account
. The voter registrar shall complete fund reconciliations
on a monthly basis. Fund general ledgers or activity statements must
be provided to the Agency semiannually and are considered part of
the Chapter 19 fund records and must be available if requested by
the Office of the Secretary of State for audit purposes. Except for
travel expenses authorized by §81.23 of this title (relating
to Travel Using Chapter 19 Funds Authorized), no cash payments may
be made from Chapter 19 funds. All disbursement payments of Chapter
19 funds must be made by check or state transfer drawn on the Chapter
19 prescribed bank account as described above. Please be advised,
whether the accounts are combined with an existing account or separate
accounts are established, it will be the county voter registrar's
legal responsibility to maintain a separate bookkeeping system to
identify the debits and credits relating to all activities from the
receipt of Chapter 19 Funds.
§81.23.Travel Using Chapter 19 Funds Authorized.
(a) Chapter 19 funds may be used to pay travel expenses incurred by the voter registrar and full-time permanent voter registration staffers to attend voter registration seminars and demonstrations. Chapter 19 funds cannot be used to reimburse fully a trip by the voter registrar, unless the purpose of the trip is exclusively related to voter registration. If a voter registrar wishes to travel to a seminar or meeting in which voter registration is not the only topic, the Agency will determine the appropriate portion of the trip expenses that are reimbursable pursuant to Chapter 19 and reimburse the registrar accordingly.
(b) All voter registrars who seek reimbursement from
Chapter 19 funds should plan their travel to achieve maximum economy
and efficient means of transportation. Hotel shuttles are preferred
over taxies and taxies are preferred over rental cars [
efficiency
]. A comparison should be made between different modes of travel
for the lowest and most economical option. All trips which include
reimbursable travel must receive prior written approval from the Agency.
An electronic travel request through the web-based application must
state the purpose of the trip, itinerary, mode of transportation,
and estimated expenses. A Chapter 19 Electronic Travel Request, prescribed
by the Agency, and Chapter 19 Purchase Request must be submitted for
each traveler within 30 days of the completion of travel. Travel reimbursement
requests must include attached receipts for airfare, rental cars,
lodging, seminar registration fees, and miscellaneous expenses. Chapter
19 funds will not cover expenses for
first class accommodations, tips,
valet parking or alcohol. Travel advances will be approved,
[if at all,
] on a case-by-case basis. Travel advance funding
will not be made for meals, hotel taxes or miscellaneous expenses.
Travel advance requests must be submitted through the web-based application
in the form of a travel request and include a Chapter 19 Purchase
Request for each traveler. No further Chapter 19 Purchase Request
will be processed until the final accounting of any advanced travel
is received.
(c) Chapter 19 travelers must obtain the lowest cost airfare. Under no circumstances will the amount of a first class ticket be paid with Chapter 19 funds. Voter registrars are to share rental cars whenever practicable. The Agency must give prior approval for the use of a rental car and the voter registrar must make a proper deduction or reimbursement whenever there is personal use of a rental car. The rental of luxury cars will be disallowed, except in special circumstances requiring the use of large cars, i.e., several employees traveling together. Travel by personal car is reimbursable at the rate set in the State of Texas Travel Allowance Guide (the "Guide") per mile with mileage computed using the originating county seat as the departure point and computing final mileage using the Official State Mileage Guide. Travel by personal car is reimbursable as long as it is less than airfare to the same destination. If more than one person is traveling to the same destination by personally owned automobile, the travelers are to ride together in a single automobile if practicable. Overnight lodging is not covered if destination is less than 70 to 100 miles. Rental cars are not an allowable expense when flying to destination city and staying at the host hotel. Note: County procedures will supersede Chapter 19 rules regarding travel advances.
(d) Voter registrars who seek reimbursement from Chapter 19 funds for a trip with a final destination within Texas will receive the actual cost of lodging and meals, but such rates may not exceed the rates set by the Guide. Voter registrars who seek reimbursement from Chapter 19 funds for a trip with a final destination outside Texas will receive the actual cost of lodging and meals not to exceed the out-of-state meals and lodging rates set by the Comptroller of Public Accounts for that location. The out-of-state rate for a city is available from the Comptroller of Public Accounts or the Agency. The voter registrar must be away from his or her home county for at least six consecutive hours to qualify for the partial per diem allowed by the Guide. When requesting Chapter 19 reimbursement, the voter registrar must submit receipts for lodging, airfare, and miscellaneous expenses with the electronic submission of the Chapter 19 Purchase and Travel Request. Amounts in excess of the maximum amounts allowed by the Travel Guide will not be reimbursed. A Meal Itemization Worksheet, prescribed by the Agency, must be entered showing actual costs of meals and signed by each traveler requesting reimbursement as an attachment to your electronic submission. Receipts for such meal costs are not required to be attached , but should be retained by the traveler in the event of a state audit . Texas Government Code, §2113.101, prohibits reimbursement for the purchase of alcoholic beverages, gratuities, and tips.
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 14, 2008.
TRD-200801956
Ann McGeehan
Director of Elections
Office of the Secretary of State
Earliest possible date of adoption: May 25, 2008
For further information, please call: (512) 463-5650