TITLE 1.ADMINISTRATION

Part 2. TEXAS ETHICS COMMISSION

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter A. GENERAL RULES

1 TAC §20.31

The Texas Ethics Commission adopts new 1 T.A.C. Chapter 20, Subchapter A, §20.31, concerning the use of political contributions to make a contribution to a speaker candidate. The rule is adopted without changes to the proposed text as published in the March 1, 2002, issue of the Texas Register (27 TexReg 1417) and will not be republished.

The adopted rule clarifies Ethics Advisory Opinion No. 436 (2001), in which the Texas Ethics Commission determined that a member of the Texas Legislature may not use political contributions to contribute to a speaker candidate unless the member is able to demonstrate that the member obtained the funds from a source that is permitted to make contributions to a speaker candidate. Impermissible sources include political committees and elected officers and employees of the executive or judicial branch of state government. The adopted rule requires an individual who wishes to use political contributions to make a speaker candidate contribution to set up an account in a financial institution and to notify the Texas Ethics Commission of that account. The account may not contain contributions from sources that are prohibited from contributing to a speaker candidate. Furthermore, any contribution to a speaker candidate from political funds must be made from that account. Finally, the contribution to the speaker candidate must be reported on the campaign finance report covering the period in which the contribution is made and must specify that the purpose is to make a contribution for an identified speaker candidate's campaign.

No comments were received regarding §20.31.

The rule is adopted under Government Code, Chapter 571, Section 571.062, which provides authorization for the commission to adopt rules concerning the laws administered and enforced by the commission.

The adoption of new §20.31 affects Subchapter B. Candidate for Speaker: Campaign Finance, Chapter 302, Government Code, and Chapter 254, Election Code.

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 24, 2002.

TRD-200202533

Tom Harrison

Executive Director

Texas Ethics Commission

Effective date: May 14, 2002

Proposal publication date: March 1, 2002

For further information, please call: (512) 463-5787


Part 4. OFFICE OF THE SECRETARY OF STATE

Chapter 81. ELECTIONS

Subchapter D. VOTING SYSTEMS CERTIFICATION

1 TAC §81.63

The Office of the Secretary of State, Elections Division, adopts new §81.63, concerning the review of previously-certified voting systems without changes to the proposed text as published in the March 22, 2002, issue of the Texas Register (27 TexReg 2143). By implementing §122.001 of the Texas Election Code, the rule will insure that defective voting systems are not being used in the State of Texas.

House Bill 1419, 77th Legislature, Regular Session, 2001, requires the Secretary of State to review previously-certified voting systems after the date of the original certification to determine whether the system continues to comply with the standards set out in §122.001 of the Texas Election Code and under Texas Election Code, Chapter 31, Subchapter A, §31.003.

No public comments were submitted concerning the rule.

Statutory Authority: Election Code, Chapter 31, Subchapter A, §31.003.

Election Code §122.001 is affected by this rule.

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 25, 2002.

TRD-200202553

David N. Roberts

General Counsel

Office of the Secretary of State

Effective date: May 15, 2002

Proposal publication date: March 22, 2002

For further information, please call: (512) 463-5562