TITLE 1. ADMINISTRATION

Part 2. TEXAS ETHICS COMMISSION

Chapter 8. ADVISORY OPINIONS

1 TAC §8.3

The Texas Ethics Commission adopts an amendment to §8.3, relating to the subject of an advisory opinion. The amendment is adopted without changes to the proposed text as published in the January 4, 2008, issue of the Texas Register (33 TexReg 11) and will not be republished.

The amendment to §8.3 adds §2152.064 and §2155.003 of the Government Code to the list of laws from which the commission will issue an advisory opinion.

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

The amendment to §8.3 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 April 10, 2008.

TRD-200801908

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Effective date: April 30, 2008

Proposal publication date: January 4, 2008

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


Chapter 34. REGULATION OF LOBBYISTS

Subchapter A. GENERAL PROVISIONS

1 TAC §34.11

The Texas Ethics Commission adopts an amendment to §34.11, relating to the reporting of joint lobby expenditures. The amendment is adopted without changes to the proposed text as published in the February 29, 2008, issue of the Texas Register (33 TexReg 1669) and will not be republished.

The amendment to §34.11 reflects changes made by House Bill 2735, 80th Legislature. The new law provides that the lobbyist reports only the portion of the amount of the joint expenditure attributable to the lobbyist, including any amount made on behalf of the lobbyist by a person who is not a registered lobbyist.

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

The amendment to §34.11 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 April 10, 2008.

TRD-200801906

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Effective date: April 30, 2008

Proposal publication date: February 29, 2008

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


Chapter 45. CONFLICTS OF INTEREST

1 TAC §§45.1, 45.3, 45.5, 45.7, 45.9

The Texas Ethics Commission adopts new §§45.1, 45.3, 45.5, 45.7, and 45.9, relating to the conflicts of interest requirements for the chief clerk or any other employee of the Texas Comptroller of Public Accounts and a Texas Facilities Commission member, employee, or appointee. The new rules are adopted without changes to the proposed text as published in the February 29, 2008, issue of the Texas Register (33 TexReg 1671) and will not be republished.

House Bill 3560, 80th Legislature, transfers to the Texas Comptroller of Public Accounts duties of the Texas Building and Procurement Commission that do not primarily concern state facilities and renames the commission the Texas Facilities Commission. The new rules under Chapter 45 (Conflicts of Interest) are added to address the conflict of interest portions of §2155.003 and §2152.064 of the Government Code.

Section 45.1 is added to state that Chapter 45 applies to §2155.003 and §2152.064 of the Government Code.

Section 45.3 is added to define relevant terms used in the conflict of interest provisions of §2155.003 of the Government Code at issue that relate to the comptroller.

Section 45.5 is added to define relevant terms used in the conflict of interest provisions of §2152.064 of the Government Code at issue that relate to the Texas Facilities Commission.

Section 45.7 is added for guidance on the issue of rebates as applied to the conflict of interest provisions of §2155.003 of the Government Code. Subsection (a) defines the term "rebate;" subsection (b) prescribes when the chief clerk or employee of the comptroller is not prohibited from accepting a rebate.

Section 45.9 is added for guidance on the issue of rebates as applied to the provisions of §2152.064 of the Government Code. Subsection (a) defines the term "rebate;" subsection (b) prescribes when an employee, appointee, or commission member of the Texas Facilities Commission is not prohibited from accepting a rebate.

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

The new §§45.1, 45.3, 45.5, 45.7, and 45.9 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 April 10, 2008.

TRD-200801907

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Effective date: April 30, 2008

Proposal publication date: February 29, 2008

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