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 includes the following:
(1) Currency;
(2) Balance on deposit in banks, savings and loan institutions and other depository institutions;
(3) Any investments valued at cost that can be readily converted to cash, such as certificates of deposit, money market accounts, stocks, bonds, treasury bills, etc.; and
(4) Traveler's checks and money orders.
(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 February 15, 2008.
TRD-200800950
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 463-5800
The Texas Ethics Commission proposes amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85, relating to the reporting of joint lobby expenditures, the permissibility of contingent fees, and lobby entities.
The proposed amendment to §34.11 reflects changes made by H.B. 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.
The proposed amendment to §34.21 would clarify the rule by providing that contingent fees are permissible for efforts to influence state agency purchasing decisions of a product, a service, or a service provider.
The proposed amendment to §34.45 would provide that an entity that avoids the requirement to register as a lobbyist by having a lobbyist report on its behalf is subject to §305.024 of the Government Code.
The proposed amendment to §34.65 would require a registered lobbyist reporting compensation on behalf of an entity that is avoiding registration to report the compensation by the date on which the entity, if registered, would have been required to report the compensation.
The proposed amendment to §34.85 would set a criteria that must be satisfied before a registered lobbyist may report an expenditure on behalf of an entity in order for the entity to avoid the requirement to register as a lobbyist.
David A. Reisman, Executive Director, has determined that for each year of the first five years that the rules are 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 rules as proposed. Mr. Reisman has also determined that the rules will have no local employment impact.
Mr. Reisman has also determined that for each year of the first five years the rules are 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 rules do not apply to single businesses.
Mr. Reisman has further determined that there are no economic costs to persons required to comply with the rules.
The Texas Ethics Commission invites comments on the proposed rules 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 rules 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 rules. Information concerning the date, time, and location of commission meetings is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.
Subchapter A. GENERAL PROVISIONS
The proposed amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 are 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 amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 affect Chapter 305 of the Government Code.
§34.11.Attribution of Expenditure to More Than One Person; Reimbursement of Lobby Expenditure.
(a)
Except as provided by Government Code, §305.0021, a
[
A
] lobby expenditure made on a person's behalf
and with the person's consent or ratification is an expenditure by
that person for purposes of registration and reporting under Government
Code, Chapter 305, and this chapter.
(b) - (c) (No change.)
§34.21.Contingent Fees for Influencing Purchasing Decisions.
Government Code §305.022, does not prohibit contingent fees for efforts to influence state agency purchasing decisions of a product, a service, or a service provider .
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 February 15, 2008.
TRD-200800951
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 463-5800
The proposed amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 are 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 amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 affect Chapter 305 of the Government Code.
§34.45.Entity Registration.
(a) (No change.)
(b) An entity that avoids registration under subsection (a) of this section becomes subject to Government Code, §305.024 on the date that the entity would have been required to register as a lobbyist, and ends on midnight, December 31, of each year in which the activity occurs.
(c)
[
(b)
] Registration by an
entity does not relieve any individual of the requirement to register
if that individual meets one of the registration thresholds in Government
Code, §305.003.
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 February 15, 2008.
TRD-200800952
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 463-5800
The proposed amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 are 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 amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 affect Chapter 305 of the Government Code.
§34.65.Compensation Reported by Lobby Firm Employee.
(a) - (b) (No change.)
(c) The individual registrant shall report the compensation by the date on which the entity, if registered, would have been required to report it. The individual registrant shall indicate on a registration or amended registration, as applicable, that he has reported compensation and/or reimbursement paid to an entity for lobby activity by one or more persons other than the registrant.
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 February 15, 2008.
TRD-200800953
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 463-5800
The proposed amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 are 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 amendments to §§34.11, 34.21, 34.45, 34.65, and 34.85 affect Chapter 305 of the Government Code.
§34.85.Individual Reporting Expenditure by Entity.
(a) An individual registrant may report an expenditure made by a lobby entity if :
(1)
The
[
the
] entity
requests that the individual do so in order for the entity to avoid
registration
; and
[
.
]
(2) The entity makes the expenditure in order for the individual to act on the entity's behalf to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action; or
(3) The entity compensates or reimburses the individual to act on behalf of the entity or on behalf of the entity's clients to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action.
(b) The individual registrant shall report the expenditure by the date on which the entity, if registered, would have been required to report it. The individual registrant shall indicate on a lobby activity report that he or she has reported expenditures made by an entity and indicate the specific amount reported on behalf of the entity .
(c) For purposes of Government Code, §305.0021(b), an expenditure made by an entity under subsection (a) of this section, is not a joint expenditure for purposes of Government Code, §305.0021(b) if the entity makes the entirety of the expenditure at issue.
(d)
[
(b)
] In this provision "lobby
entity" means a corporation, association, firm, partnership, committee,
club, organization, or other group of persons voluntarily acting in
concert that meets one of the registration thresholds in Government
Code, §305.003.
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 February 15, 2008.
TRD-200800954
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 463-5800
1 TAC §§45.1, 45.3, 45.5, 45.7, 45.9
The Texas Ethics Commission proposes 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.
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 proposed 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. The new §45.1 is added to state that Chapter 45 applies to §2155.003 and §2152.064 of the Government Code. The new §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. The new §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.
The new §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.
The new §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.
David A. Reisman, Executive Director, has determined that for each year of the first five years that the rules are in effect, there will be fiscal implications for the state as a result of enforcing or administering the rules as proposed. The cost is undetermined as of this date. There will be no fiscal implications to local government and no local employment impact.
Mr. Reisman has also determined that for each year of the first five years the rules are 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 rules do not apply to single businesses.
Mr. Reisman has further determined that there are no economic costs to persons required to comply with the rules.
The Texas Ethics Commission invites comments on the proposed rules 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 rules 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 rules. 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 §§45.1, 45.3, 45.5, 45.7, and 45.9 are 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 §§45.1, 45.3, 45.5, 45.7, and 45.9 affects §2152.064 and §2155.003 of the Government Code.
§45.1.Application.
This chapter applies to §2152.064 and §2155.003 of the Government Code.
§45.3.Definitions.
(a) Section 2155.003 of the Government Code applies to:
(1) the chief clerk; and
(2) an employee who exercises discretion in connection with a contract, payment, claim, or other pecuniary transaction under the comptroller's purchasing authority.
(b) Under §2155.003 of the Government Code the following words and terms shall have the following meanings:
(1) "Chief clerk" and "employee" includes the spouse or dependent child of the chief clerk or employee.
(2) "Have an interest in" or "in any manner be connected with," is limited to the purchasing authority that was transferred to the comptroller by §2151.004 of the Government Code, and means a right, share, equitable or legal claim to, or pecuniary interest in, a contract or bid.
(3) "Value," "reward," and "compensation" includes anything with a monetary value of $5 or more.
(c) Section 2155.003 of the Government Code does not apply to the ownership of stock the value of which does not exceed the lesser of $25,000 or 5% in any one company, or ownership of shares in a publicly traded mutual fund or similar investment vehicle in which the person does not exercise any discretion regarding the investment of the assets of the fund or other investment vehicle.
§45.5.Definitions.
(a) Section 2152.064 of the Government Code applies to:
(1) a commission member and appointee; and
(2) to an employee who exercises discretion in connection with a contract, payment, claim, or other pecuniary transaction under §2152.064 of the Government Code, or in connection with state surplus or salvage property.
(b) Under §2152.064 of the Government Code the following words and terms shall have the following meanings:
(1) "Commission member," "appointee," and "employee" includes the spouse or dependent child of a commission member, appointee, or employee.
(2) "Have an interest in" or "in any manner be connected with," means a right, share, equitable or legal claim to, or pecuniary interest in, a contract or bid, or a recipient of state surplus or salvage property under control of the commission.
(3) "Value," "reward," and "compensation" includes anything with a monetary value of $5 or more.
(c) Section 2152.064 of the Government Code does not apply to the ownership of stock the value of which does not exceed the lesser of $25,000 or 5% in any one company, or ownership of shares in a publicly traded mutual fund or similar investment vehicle in which the person does not exercise any discretion regarding the investment of the assets of the fund or other investment vehicle.
§45.7.Rebates.
(a) The term "rebate" includes a discount, return, or refund of money.
(b) The chief clerk or an employee of the comptroller is not prohibited from accepting a rebate that is offered or given on the same terms to all state employees or to the general public.
§45.9.Rebates.
(a) The term "rebate" includes a discount, return, or refund of money.
(b) An employee, appointee, or commission member of the Texas Facilities Commission is not prohibited from accepting a rebate that is offered or given on the same terms to all state employees or to the general public.
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 February 15, 2008.
TRD-200800955
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 463-5800