Part 2. TEXAS ETHICS COMMISSION
Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter A. GENERAL RULES
The Texas Ethics Commission adopts amendments to §20.13 and §20.29, relating to the reporting of information from out-of-state political committees. The amendments are adopted without changes to the proposed text as published in the January 4, 2008, issue of the Texas Register (33 TexReg 12) and will not be republished.
Current §20.13(d) prompts a filer to look at §22.7 (Contribution from Out-Of-State Committee) for additional reporting requirements regarding the acceptance of a contribution from an out-of-state political committee. The amendment prompts the filer to also look at §20.29 (Information About Out-of-State Committees), which contains additional reporting requirements regarding these types of contributions.
Current §20.29(c) provides that the timeliness of paper documents concerning out-of-state political committees is governed by the postmark rule of Election Code §251.007. The amendment provides that the timeliness of these documents is governed by the filing deadline applicable to a report for which a document is filed. In other words, a document submitted concerning a pre-election report would be required to be received by the commission by the applicable deadline for that report. Effective September 1, 2007, a report due 30 days before an election and a report due 8 days before an election (including a runoff election) must be received by the filing authority no later than the report due date.
No comments were received regarding the proposed rules during the comment period.
The amendments to §20.13 and §20.29 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 February 26, 2008.
TRD-200801133
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Effective date: March 17, 2008
Proposal publication date: January 4, 2008
For further information, please call: (512) 463-5800
The Texas Ethics Commission adopts new §20.220, relating to additional disclosure requirements for the Texas Comptroller of Public Accounts. The new rule is adopted with changes to the proposed text as published in the January 4, 2008, issue of the Texas Register (33 TexReg 13) and will be republished.
Section 20.220 addresses the requirement in House Bill 3560, 80th Legislature, that the Texas Comptroller of Public Accounts disclose to the Texas Ethics Commission a contribution from a vendor.
Section 20.220 addresses §2155.003(e) of the Government Code requiring the Texas Comptroller of Public Accounts (comptroller) to report to the Texas Ethics Commission a campaign contribution from a vendor that bids on or receives a contract under the comptroller's purchasing authority.
Subsection (a) of the rule defines the term "vendor."
Subsection (b) provides that the comptroller, or specific-purpose committee created to support the comptroller, is required to disclose campaign contributions of $500 or more from a vendor during the reporting period or from a political committee directly established, administered or controlled by a vendor during the reporting period. The comptroller or specific-purpose committee created to support the comptroller, must also report certain other required information.
Subsection (c) provides a "best efforts" defense to the comptroller, or specific-purpose committee created to support the comptroller, providing that the comptroller or specific-purpose committee request the information required by subsection (b) in writing, or if not in writing, orally with certain additional requirements.
Subsection (d) provides that the comptroller, or specific-purpose committee created to support the comptroller, report certain additional information that is not provided by the person making the political contribution and that is in the comptroller's or committee's records or previous campaign finance reports filed by the comptroller or committee.
Subsection (e) provides that the comptroller, or specific-purpose committee created to support the comptroller, report certain additional information received after the filing deadline on the next required report.
Subsection (f) provides that the disclosure under subsection (b) applies only to a contributor who was a vendor or a political committee directly established, administered, or controlled by a vendor on or after September 1, 2007.
Section 20.220 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.
The following comments were received from Mr. Edward Shack, Attorney, regarding the adoption of the rule. He requested that the commission amend proposed §20.220(a). He stated that the definition of "vendor" was defined too broadly and should include "the corporate PAC, officers and directors". The commission considers comments from all parties but was satisfied with §20.220(a) as proposed. No changes were made as a result of this comment. Mr. Shack also requested that §20.220(d) should be deleted because it is confusing. "The section could be interpreted as to require state employees to compare vendor lists with campaign contributor lists . . . Even the suggestion of political activity occurring in a state office building is unwise." The commission considered Mr. Shack's comment and revised §20.220(d) to clarify that vendor information be reported only from campaign finance reports required to be filed under Title 15 of the Election Code.
The new §20.220 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.
§20.220.Additional Disclosure for the Texas Comptroller of Public Accounts.
(a) For purposes of this section and §2155.003(e) of the Government Code, the term "vendor" means:
(1) a person, who during the comptroller's term of office, bids on or receives a contract under the comptroller's purchasing authority that was transferred to the comptroller by §2151.004 of the Government Code; and
(2) an employee or agent of a person described by subsection (a)(1) of this section who communicates directly with the chief clerk, or an employee of the Texas Comptroller of Public Accounts who exercises discretion in connection with the vendor's bid or contract, about a bid or contract.
(b) Each report filed by the comptroller or a specific-purpose committee created to support the comptroller, shall include:
(1) for each vendor whose aggregate campaign contributions equal or exceed $500 during the reporting period, a notation that:
(A) the contributor was a vendor during the reporting period or during the 12 month period preceding the last day covered by the report; and
(B) if the vendor is an individual, includes the name of the entity that employs or that is represented by the individual; and
(2) for each political committee directly established, administered, or controlled by a vendor whose aggregate campaign contributions equal or exceed $500 during the reporting period, a notation that the contributor was a political committee directly established, administered, or controlled by a vendor during the reporting period or during the 12 month period preceding the last day covered by the report.
(c) The comptroller, or a specific-purpose committee created to support the comptroller, is considered to be in compliance with this section if :
(1) each written solicitation for a campaign contribution includes a request for the information required by subsection (b) of this section; and
(2) for each contribution that is accepted for which the information required by this section is not provided at least one oral or written request is made for the missing information. A request under this subsection:
(A) must be made not later than the 30th day after the date the contribution is received;
(B) must include a clear and conspicuous statement requesting the information required by subsection (b) of this section;
(C) if made orally, must be documented in writing; and
(D) may not be made in conjunction with a solicitation for an additional campaign contribution.
(d) The comptroller, or a specific-purpose committee created to support the comptroller, must report the information required by subsection (b) of this section that is not provided by the person making the political contribution and that is in the comptroller's or committee's records of political contributions or previous campaign finance reports required to be filed under Title 15 of the Election Code filed by the comptroller or committee.
(e) If the comptroller, or a specific-purpose committee created to support the comptroller, receives the information required by this section after the filing deadline for the report on which the contribution is reported the comptroller or committee must include the missing information on the next required campaign finance report.
(f) The disclosure required under subsection (b) of this section applies only to a contributor who was a vendor or a political committee directly established, administered, or controlled by a vendor on or after September 1, 2007.
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 26, 2008.
TRD-200801134
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Effective date: March 17, 2008
Proposal publication date: January 4, 2008
For further information, please call: (512) 463-5800
The Texas Ethics Commission adopts the amendment to §20.435, relating to special pre-election reports. The amendment is adopted without changes to the proposed text as published in the November 23, 2007, issue of the Texas Register (32 TexReg 8395) and will not be republished.
The amendment to §20.435 changes the name of the report from "telegram report" to "special pre-election report." House Bill 350, 79th Legislature, Regular Session, changed the name of "telegram report" to "special report near election." By rule, the commission has proposed as a shorthand name for this report the term "special pre-election report." This amendment also reflects statutory changes made to §254.039 of the Election Code which requires a general-purpose committee to file a special pre-election report if it accepts political contributions from a person that in the aggregate exceed $5,000 during the reporting period. The rule also clarifies that the committee is required to file a special pre-election report only if it is involved in the election.
No comments were received regarding the proposed rule during the comment period.
The amendment to §20.435 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 26, 2008.
TRD-200801135
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Effective date: March 17, 2008
Proposal publication date: November 23, 2007
For further information, please call: (512) 463-5800