reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 6 - HEARINGS AND PREHEARING CONFERENCES › Section 12.161 - Time Allotted to Parties

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer shall determine the amount of time
						allotted to each party for the presentation of its case to the commission. Upon
						request of a party, the presiding officer may adjust the time allotted for good
						cause shown or for a violation of a rule under this chapter. A determination
						shall be made by order or orally during the course of the
						proceeding.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 6 - HEARINGS AND PREHEARING CONFERENCES › Section 12.163 - Presentation of Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Presentation
					 by parties. After the resolution of all prehearing matters, each party shall
					 make its presentation during the formal hearing. Commission staff shall make
					 the first opening statement. The respondent or respondent's authorized
					 representative shall then make an opening statement, should the respondent wish
					 to do so at that time. The respondent may reserve the opening statement until
					 the presentation of the respondent's case.
(b) Following opening statements, commission
					 staff may present evidence in its case. At the conclusion of the presentation
					 of the evidence, commission staff may rest. The respondent or the respondent's
					 authorized representative may then make an opening statement, or, if an opening
					 statement has already been made, present evidence in its defense of the
					 allegations raised in the notice of formal hearing. At the conclusion of the
					 presentation of evidence by the respondent, the respondent may rest.
(c) After both parties have rested their
					 case, commission staff shall make a closing argument. The respondent may then
					 make a closing argument. Commission staff may then make a reply.
(d) Unless otherwise ordered by the presiding
					 officer, after closing arguments, evidence will be closed and the case will be
					 turned over to the members of the commission for deliberation and
					 decision.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 6 - HEARINGS AND PREHEARING CONFERENCES › Section 12.165 - Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
					 Rules of Evidence as applied in a nonjury civil case in district court govern a
					 formal hearing only to the extent consistent with Chapter 571 of the Government
					 Code.
(b) Evidence may be admitted
					 if it meets the standards set out in section
					 RSA
					 2001.081 of the Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 6 - HEARINGS AND PREHEARING CONFERENCES › Section 12.167 - Numbering of Exhibits

Current through Reg. 49, No. 28; July 12, 2024
(a) Each exhibit
					 to be offered shall first be numbered by the offering party.
(b) Copies of the original exhibit shall be
					 furnished by the party offering the exhibit to the commission and to each party
					 present at the hearing unless otherwise ordered by the presiding
					 officer.
(c) Excluded exhibits. An
					 exhibit excluded from evidence will be considered withdrawn by the offering
					 party and will be returned to the party.
(d) Pre-numbered exhibits may be filed with
					 the commission prior to the formal hearing. Pre-numbered exhibits that are not
					 offered and admitted at the hearing will be deemed withdrawn.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 7 - DISPOSITION OF FORMAL HEARING › Section 12.171 - Standard of Proof

Current through Reg. 49, No. 28; July 12, 2024
At a formal hearing, the commission shall determine by
						preponderance of the evidence whether a violation within the jurisdiction of
						the commission has occurred.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 7 - DISPOSITION OF FORMAL HEARING › Section 12.173 - Default Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
					 respondent to whom a notice of hearing with factual allegations is served or
					 provided fails to appear for the hearing, the commission may proceed in the
					 respondent's absence on a default basis.
(b) A default proceeding under this section
					 requires adequate proof of the following:
(1)
					 the notice of hearing to the respondent stated that the allegations listed in
					 the notice could be deemed admitted and that the relief sought in the notice of
					 hearing might be granted by default against the party that fails to appear at
					 the hearing;
(2) the notice of
					 hearing satisfies the requirements of sections
					 RSA
					 2001.051,
					 RSA
					 2001.052, and
					 RSA
					 571.126 of the Government Code; and
(3) the notice of hearing was:
(A) received by the defaulting party;
					 or
(B) as authorized by Chapter 571
					 of the Government Code and this chapter, sent by regular mail or by certified
					 mail, restricted delivery, return receipt requested, to the party's last known
					 address as shown by the commission's records.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 7 - DISPOSITION OF FORMAL HEARING › Section 12.174 - Summary Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Granting of
					 summary disposition. Summary disposition shall be granted on all or part of a
					 complaint's allegations if the allegations, the motion for summary disposition,
					 and the summary disposition evidence show that there is no genuine issue as to
					 any material fact and that the moving party is entitled to a decision in its
					 favor as a matter of law on all or some of the issues expressly set out in the
					 motion. Summary disposition is not permitted based on the ground that there is
					 no evidence of one or more essential elements of a claim or defense on which
					 the opposing party would have the burden of proof at the formal
					 hearing.
(b) Deadlines. Unless
					 otherwise ordered by the presiding officer:
(1) A party may file a motion for summary
					 disposition at any time after the commission orders a formal hearing, but the
					 motion must be filed at least 45 days before a scheduled hearing on the
					 merits.
(2) The response and
					 opposing summary disposition evidence shall be filed no later than 15 days
					 after the filing of the motion.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 12 - SWORN COMPLAINTS › Subchapter E - FORMAL HEARING › Division 7 - DISPOSITION OF FORMAL HEARING › Section 12.175 - Resolution of Formal Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) As
					 provided by section
					 RSA
					 571.139 of the Government Code, the
					 commission may deliberate in private regarding the resolution of a sworn
					 complaint or motion, including a dismissal of a complaint, a determination of
					 whether a violation within the jurisdiction of the commission has occurred, and
					 an appropriate penalty upon a finding of a violation. As provided by section
					 RSA
					 2001.061 of the Government Code, the
					 presiding officer may permit the executive director, general counsel, or other
					 employee of the commission who has not participated in a hearing in the
					 complaint for the purpose of using the special skills or knowledge of the
					 agency and its staff in evaluating the evidence.
(b) The presiding officer may announce the
					 commission's decision on the resolution of a sworn complaint or motion after
					 the conclusion of a formal hearing.
(c) The commission should issue a final order
					 within 60 days after the conclusion of a formal hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Deficiency--An error,
				omission, inaccuracy, or violation of a law or rule administered and enforced
				by the commission that is apparent on the face of a statement or report filed
				with the commission.
(2) Compliance
				review report--A report sent to a filer detailing deficiencies in a report that
				is the subject of a facial compliance review.
(3) Facial compliance review--A review
				conducted under section 571.069 of the Government Code of the information
				disclosed on a report, randomly selected in accordance with § 16.2 of this
				title, filed with the commission for facial completeness, accuracy,
				reliability, and compliance with the law.
(4) Report--A personal financial statement,
				lobby registration, lobby activities report, or campaign finance report filed
				with the commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.2 - Random Selection

Current through Reg. 49, No. 28; July 12, 2024
The report subject to a facial compliance review must be
				  randomly selected from a list of all reports filed by a particular filer type
				  for a specific filing deadline.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.3 - Corrected or Amended Report Filed During a Facial Compliance Review; Late Fines

Current through Reg. 49, No. 28; July 12, 2024
(a) A correction
				filed for the report that is subject to the facial compliance review will not
				be subject to a late fine if:
(1) the
				correction is filed not later than the 30th day after the date the filer
				receives the compliance review report;
(2) the corrected information complies with
				the law; and
(3) the original
				report was filed in good faith and without an intent to mislead or misrepresent
				the information contained in the report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.4 - Additional Documents and Information Submitted in Response to a Facial Compliance Review; Timeliness

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission may request from a filer documentation and other information used by
				the filer to compile a report that is subject to a facial compliance
				review.
(b) Documentation and other
				information requested by the commission is timely submitted if received by the
				commission not later than the 30th day after the date the filer receives the
				request for additional documentation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.5 - Commission Initiated Preliminary Review or Audit Resulting from a Facial Compliance Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				may initiate a preliminary review as authorized by § 571.124 of the
				Government Code or perform a complete audit of a report that is subject to a
				facial compliance review under § 571.069 of the Government Code if:
(1) a correction is not resubmitted to the
				commission in accordance with § 16.3 of this title;
(2) documentation or other information
				requested by the commission during a facial compliance review is not submitted
				to the commission in accordance with § 16.4 of this title; or
(3) the commission has determined by a vote
				of at least six commission members that the correction filed in response to a
				compliance review report, does not comply with the law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.6 - Notice of Audit of Report

Current through Reg. 49, No. 28; July 12, 2024
The commission shall notify a filer that the commission will
				  perform a complete audit of a report that is the subject of a facial compliance
				  review not later than the seventh day after the date the commission votes to
				  initiate the audit.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.7 - Supporting Documentation in Response to Audit; Timeliness

Current through Reg. 49, No. 28; July 12, 2024
(a) A filer must
				submit to the commission, upon request and where applicable, supporting
				documentation in the possession, custody, or control of the filer or filer's
				agents that contains information necessary for filing the report that is
				subject to the audit, such as:
(1) bank
				statements;
(2) cancelled
				checks;
(3) receipts;
(4) credit card statements;
(5) invoices;
(6) loan documents;
(7) books or ledgers;
(8) employee timesheets and payroll
				records;
(9) certificates of
				formation or other business documents; and
(10) real property records.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.8 - Complete Audit Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				staff must complete a draft audit report not later than the 30th day after the
				commission receives from the filer the documentation requested under §
				16.7 of this title.
(b) The filer
				must have an opportunity to confer and object in writing to any findings in the
				draft audit report before it is submitted to the commission for
				approval.
(c) Commission staff must
				consider the filer's objections before submitting the draft audit report to the
				commission for approval.
(d) Upon
				approval of an audit, the commission shall send to the filer a final audit
				report that includes:
(1) a notification that
				the commission has determined the report that was subject to the audit complies
				with the law; or
(2) required
				corrective actions that the filer must take to cure any deficiency found in the
				report that is subject to the audit.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.9 - Representation by Attorney

Current through Reg. 49, No. 28; July 12, 2024
(a) A filer has
				the right to be represented by an attorney retained by the filer during a
				facial compliance review or an audit initiated by the commission as a result of
				a facial compliance review.
(b) A
				letter of representation must be submitted to the commission if the filer is
				represented by an attorney.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.10 - Extension of Deadlines

Current through Reg. 49, No. 28; July 12, 2024
The executive director may extend all deadlines related to
				  this chapter except as provided by § 571.069(a) of the Government Code
				  (relating to when a corrected or amended report is considered filed as of the
				  date the report was originally filed).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.11 - Waiver of Delivery by Certified Mail

Current through Reg. 49, No. 28; July 12, 2024
A filer may waive the right under § 571.032 of the
				  Government Code to receive written notices related to a facial compliance
				  review or audit by registered or certified mail, restricted delivery, return
				  receipt requested, and may agree to receive written notices by first class
				  mail, electronic mail, or other means.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 16 - FACIAL COMPLIANCE REVIEWS AND AUDITS › Section 16.12 - Facial Review of Total Amount of Political Contributions Maintained

Current through Reg. 49, No. 28; July 12, 2024
(a) In this section
				"expected total political contributions maintained" for a report subject to
				review is the total amount of political contributions maintained disclosed on
				the previous report and all monetary political contributions, loans, and
				credits, less all expenditures from political contributions disclosed on the
				report that is subject to review, excluding the purchase of investments that
				can be readily converted to cash.
(b) When there is a difference greater than
				the threshold set by §
									RSA
				20.50(c) of this title
				(relating to Total Political Contributions Maintained) between the total amount
				of political contributions maintained disclosed in a report and the expected
				total political contributions maintained, the commission may request from the
				filer the bank statement showing the balance as of the last day of the
				reporting period for each account in which political contributions are
				maintained.
(c) Producing the
				requested bank statements that show the total amount of political contributions
				was accurately reported in the report that is subject to review is sufficient
				to end the review of the total amount of political contributions maintained as
				disclosed in the report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.1 - Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director shall prescribe forms for statements and reports required to be filed
				with the commission.
(b) The
				executive director may issue a certificate approving a form submitted to the
				commission for approval if the form:
(1)
				provides for the reporting of all information required on the prescribed
				form;
(2) is substantially similar
				in paper size and format to the prescribed form; and
(3) will not be confusing to those who use
				the form.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.3 - Provision of Forms by Local Filing Authority

Current through Reg. 49, No. 28; July 12, 2024
A local filing authority shall make the appropriate form
				  available for use by persons required to file a report with that filing
				  authority.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.5 - Specification of Office

Current through Reg. 49, No. 28; July 12, 2024
When a filer is required to identify the office sought by a
				  candidate or held by an officeholder, the filer shall list the title of the
				  public office, including the district and, if the office is an office of a
				  political subdivision, the name of the political subdivision.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.7 - Timely Reports and Complete Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A report is timely if it is complete and
				is filed by the applicable deadline using the reporting method required by
				law.
(b) The deadline for any
				report filed electronically with the commission is midnight Central Time Zone
				on the last day for filing the report under the law requiring the filing of the
				report.
(c) A report is late if it
				is:
(1) incomplete;
(2) not filed by the applicable deadline;
				or
(3) not filed by computer
				diskette, modem, or other means of electronic transfer and the filer is
				required by law to file using one of these methods.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.9 - Corrected/Amended Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A filer may
				correct/amend a report filed with the commission or a local filing authority at
				any time.
(b) A corrected/amended
				report must clearly identify how the corrected/amended report is different from
				the report being corrected/amended.
(c) A filer who files a corrected/amended
				report must submit an affidavit identifying the information that was
				corrected/amended.
(d) A
				corrected/amended report filed with the commission after the original report is
				due is subject to a late fine as provided by §
									RSA 18.13
				of this title (relating to Fine for a Late Report).
(e) Subsection (d) of this section does not
				apply to:
(1) a lobby registration or report,
				other than an activities report, that is corrected/amended not later than the
				14th business day after the date the filer became aware of the errors or
				omissions in the original registration or report;
(2) a semiannual report that is
				corrected/amended before the eighth day after the original report was
				filed;
(3) a semiannual report that
				is corrected/amended on or after the eighth day after the original report was
				filed if:
(A) the correction/amendment is made
				before a sworn complaint is filed with regard to the subject of the
				correction/amendment; and
(B) the
				original report was made in good faith and without an intent to mislead or
				misrepresent the information contained in the report;
(4) an 8-day pre-election report that is
				corrected/amended in accordance with § 18.10 of this title (relating to
				Guidelines for Substantial Compliance for a Corrected/Amended 8-day
				Pre-election Report);
(5) a report
				other than an 8-day pre-election report that is corrected/amended not later
				than the 14th business day after the date the filer learns the report as
				originally filed is inaccurate or incomplete if:
(A) the errors or omissions were made in good
				faith; and
(B) the filer files an
				affidavit stating that the errors or omissions in the original report were made
				in good faith.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.13 - Fine for a Late Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				provided by subsection (b) or (c) of this section, the fine is $500 for:
(1) a late report required to be filed with
				the commission under Election Code chapter
				254 or
				257, Government Code
				chapter
				305, or Government
				Code chapter 572; or
(2) a late
				report filed with the commission under Local Government Code chapter 159,
				subchapter C.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.15 - Additional Fine

Current through Reg. 49, No. 28; July 12, 2024
In addition to any other fine assessed under this chapter,
				  the commission may vote to impose a fine of $2,500 against a filer whose report
				  is more than 30 days late and who has not paid the penalty related to that
				  report within 10 days after receiving the commission notice of
				  lateness.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.17 - Report Must Be Filed

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				payment of a civil or criminal fine for failure to file a report, or for filing
				a report late, does not satisfy a filer's obligation to file the report. Late
				fines continue to accrue until the report is filed.
(b) A filer, other than the treasurer of a
				political committee, who dies or becomes incapacitated is considered to have
				filed the report on the date of the filer's death or the date the filer is
				determined to be incapacitated, as applicable, for purposes of this chapter. In
				this subsection, "incapacitated" means determined by a judgment of a court
				exercising probate jurisdiction to be either partially mentally incapacitated
				without the right to vote or totally mentally incapacitated.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.19 - Affidavit of Timely Filing

Current through Reg. 49, No. 28; July 12, 2024
A filer who has been notified by the commission that a report
				  is late but who filed the report on or before the deadline may submit an
				  affidavit to the executive director swearing that the report was timely
				  filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.21 - Jurisdiction to Consider Waiver Request

Current through Reg. 49, No. 28; July 12, 2024
(a) A filer may ask the commission to waive
				or reduce a civil penalty determined by §§
									305.033(b)
				or
				572.033(b)
				of the Government Code, or §
									254.042(b)
				of the Election Code by submitting a written request to the
				Commission.
(b) The commission will
				not consider a request under subsection (a) of this section unless the filer,
				not later than 60 days after the report or statement was due:
(1) submits the request in the manner
				prescribed by subsection (a) of this section;
(2) files all reports owed to the commission;
				and
(3) pays all outstanding civil
				penalties owed to the commission that are not subject to a pending request for
				waiver or appeal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.24 - General Guidelines for Administrative Waiver or Reduction of Statutory Civil Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes
				of determining whether a filer is eligible for a waiver or reduction of a civil
				penalty under §
									18.25 or §
									18.26 of this title (relating to
				Administrative Waiver or Reduction of Certain Statutory Civil Penalties and
				Administrative Waiver or Reduction of Statutory Civil Penalties in Excess of
				$500 respectively), a "prior late offense" is any report for which a civil
				penalty for late filing was assessed, regardless of whether the civil penalty
				was waived or reduced. The term does not include:
(1) reports for which no late notices were
				sent and the filer did not file a request that the civil penalty be waived or
				reduced for the prior late report; and
(2) reports determined by the executive
				director to be not required.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.25 - Administrative Waiver or Reduction of Certain Statutory Civil Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				executive director shall apply this section to a late report subject to a
				statutory civil penalty of not more than $500.
(b) The executive director shall use the
				following chart to determine the level of waiver or reduction of a civil
				penalty under this section:
Attached
				  Graphic
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.26 - Administrative Waiver or Reduction of Statutory Civil Penalties in Excess of $500

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director shall apply this section to a late report subject to a statutory civil
				penalty in excess of $500.
(b) The
				executive director shall use the following chart to determine the level of
				waiver or reduction of a civil penalty under this section:
Attached
				  Graphic
(c) For
				purposes of using the chart in subsection (b) of this section:
(1) where the chart identifies a dollar
				amount, that is the amount of the reduced or waived penalty; and
(2) where the chart identifies a percentage,
				that is the percentage by which the penalty is reduced.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 18 - GENERAL RULES CONCERNING REPORTS › Section 18.31 - Adjustments to Reporting Thresholds

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Pursuant to section
				571.064 of the
				Government Code, the reporting thresholds are adjusted as follows:
Attached
				  Graphic
Attached
				  Graphic
Attached
				  Graphic
Attached
				  Graphic
Attached
				  Graphic
(b) The
				changes made by this rule apply only to conduct occurring on or after the
				effective date of this rule.
(c)
				The effective date of this rule is January 1, 2024.
(d) In this section:
(1) "CEC" means county executive
				committee;
(2) "DCE" means direct
				campaign expenditure-only filer;
(3) "GPAC" means general-purpose political
				committee;
(4) "MPAC" means
				monthly-filing general-purpose political committee;
(5) "PAC" means political
				committee;
(6) "PFS" means personal
				financial statement;
(7) "SPAC"
				means specific-purpose political committee; and
(8) "TA" means treasurer
				appointment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.3 - Reports Filed with the Commission

Current through Reg. 49, No. 28; July 12, 2024
The Ethics Commission is the appropriate filing authority
					 for reports filed by:
(1) a candidate
				  for one of the following offices:
(A) a
				  statewide office;
(B) a district
				  office filled by voters in more than one county;
(C) a seat in the state
				  legislature;
(D) a seat on the
				  State Board of Education;
(E) an
				  office of a political subdivision other than a county, if the governing body of
				  the political subdivision has not been formed and if the political subdivision
				  includes territory in more than one county; or
(F) a judicial district office filled by
				  voters of only one county, subject to §20.5(b);
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.5 - Reports Filed with a County Filing Authority

Current through Reg. 49, No. 28; July 12, 2024
The county clerk (or the county elections administrator or
					 tax assessor-collector who is required to perform the functions of the county
					 clerk as provided by § 31.043 or §
										RSA
					 31.071 of the Election Code) is the
					 appropriate filing authority for reports filed by:
(1) a candidate for:
(A) a county office;
(B) a precinct office;
(C) a district office (except for an office
				  in a multi-county district); or
(D)
				  an office of a political subdivision other than a county if the political
				  subdivision is within the boundaries of a single county and if the governing
				  body of the political subdivision has not been formed;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.7 - Reports Filed with Other Local Filing Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by §
										RSA
				  20.3(6) of this title
				  (relating to Reports Filed with the Commission), the secretary of a political
				  subdivision (or the presiding officer if the political subdivision has no
				  secretary) is the appropriate filing authority for reports filed by:
(1) a candidate for an office of a political
				  subdivision other than a county;
(2) a person holding an office of a political
				  subdivision other than a county; or
(3) a specific-purpose committee supporting
				  or opposing a measure to be submitted at an election ordered by the authority
				  of a political subdivision other than a county.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.9 - Filing Option for Certain Specific-Purpose Committees

Current through Reg. 49, No. 28; July 12, 2024
A specific-purpose committee required to file reports with
					 more than one authority may choose to file reports only with the
					 commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.11 - Federal Candidates and Officeholders

Current through Reg. 49, No. 28; July 12, 2024
The laws administered and enforced by the commission do not
					 apply to a candidate for election to an office of the federal government or to
					 a federal officeholder.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.13 - Out-of-State Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  out-of-state political committee is required to file reports for each reporting
				  period under Subchapter F, Chapter 254, Election Code, in which the
				  out-of-state political committee accepts political contributions or makes
				  political expenditures in connection with a state or local election in Texas.
				  Section
				  RSA
				  254.1581, Election Code, applies to a report
				  required to be filed under this section. An out-of-state political committee
				  that files reports electronically in another jurisdiction may comply with
				  §
										RSA
				  254.1581, Election Code, by sending a letter
				  to the commission within the time prescribed by that section specifying in
				  detail where the electronic report may be found on the website of the agency
				  with which the out-of-state political committee is required to file its
				  reports. An out-of-state political committee that does not file reports
				  electronically in another jurisdiction may comply with §
										RSA
				  254.1581, Election Code, by sending a copy of
				  the cover sheets of the report and a copy of each page on which the committee
				  reports a contribution or expenditure accepted or made in connection with a
				  state or local election in Texas.
(b) An out-of-state political committee that
				  files an appointment of campaign treasurer with a Texas filing authority is
				  required to file reports under this title.
(c) A political committee must determine if
				  it is an "out-of-state political committee" each time the political committee
				  plans to make a political expenditure in Texas (other than an expenditure in
				  connection with a campaign for a federal office or an expenditure for a federal
				  officeholder). The determination is made as follows.
(1) Before making the expenditure (other than
				  an expenditure in connection with a campaign for a federal office or an
				  expenditure for a federal officeholder), the committee must calculate its total
				  political expenditures made during the 12 months immediately preceding the date
				  of the planned expenditure. This total does not include the planned political
				  expenditure triggering the calculation requirement.
(2) If 80% or more of the total political
				  expenditures are in connection with elections not voted on in Texas, the
				  committee is an out-of-state committee.
(3) If less than 80% of the total political
				  expenditures are in connection with elections not voted on in Texas, the
				  committee is no longer an out-of-state committee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.15 - Change of Address

Current through Reg. 49, No. 28; July 12, 2024
The campaign treasurer of a political committee required to
					 file reports with the commission shall provide written notice to the commission
					 of any change in his or her mailing address no later than the 10th day after
					 the date of the change.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.16 - Notices by Electronic Mail

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person required to file reports electronically with the commission shall
				  provide to the commission an electronic mail address to which notices regarding
				  filing requirements under Title 15 of the Election Code may be sent.
(b) A person required to file reports with
				  the commission and who qualifies for an exemption from electronic filing may
				  provide to the commission an electronic mail address to which notices regarding
				  filing requirements under Title 15 of the Election Code may be sent.
(c) If the commission is twice unable to
				  notify a person of a deadline at an electronic mail address provided under
				  subsection (a) or (b) of this section, the commission is not required to make
				  any further attempts to notify the person of that deadline or any future
				  deadlines until the person has notified the commission of the person's current
				  electronic mail address.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.18 - Recordkeeping Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Records
				  required to be maintained by §
										RSA
				  254.001 of the Election Code consist of
				  records containing information needed to comply with reporting requirements,
				  examples may include bank statements (front and back), deposit slips, cancelled
				  checks (front and back), receipts, invoices, bills, and ledgers of
				  contributions and expenditures.
(b)
				  Candidates, officeholders, and campaign treasurers of a political committee
				  comply with §
										RSA
				  254.001 of the Election Code when they
				  maintain the following:
(1) Bank statements
				  for all campaign activity;
(2)
				  Invoices or bills for campaign expenditures;
(3) Copies of checks paid for campaign
				  activity;
(4) Donation
				  documentation for each person from whom a political contribution, loan, gain,
				  or reimbursement is accepted;
(5)
				  Receipts for reimbursed campaign expenses, which document the purpose of the
				  reimbursement;
(6) Employee
				  timesheets and payroll records;
(7)
				  Extra care must be taken if cash is received or disbursed including: a separate
				  receipt indicating the source of the donation or the person who received the
				  disbursement, and the amount of the donation or expenditure.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.19 - Reports Must Be Filed on Official Forms

Current through Reg. 49, No. 28; July 12, 2024
Except for special pre-election reports that are exempt
					 from the electronic filing requirement, all reports required by Chapters 20
					 through 40 must be filed in a format prescribed by the commission or on forms
					 approved by the executive director pursuant to §
										RSA 18.1 of this title
					 (relating to Forms).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.20 - Timeliness of Action by Electronic Filing

Current through Reg. 49, No. 28; July 12, 2024
The filing deadline for any report filed electronically
					 with the commission is midnight Central Time Zone on the last day for filing
					 the report under the law requiring the filing of the report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.21 - Due Dates on Holidays and Weekends

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided in subsection (b) of this section, if the deadline for a
				  report falls on a Saturday, Sunday, or a legal state or national holiday, the
				  report is due on the next regular business day.
(b) Subsection (a) of this section does not
				  apply to a special pre-election report required by this title or by Title 15 of
				  the Election Code. Special pre-election reports are due on the date assigned by
				  the sections requiring those reports to be filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.23 - Timeliness of Action by Mail

Current through Reg. 49, No. 28; July 12, 2024
When this chapter requires a notice, report, or other
					 document or paper to be delivered, submitted, or filed within a specified
					 period or before a specified deadline, a delivery, submission, or filing by
					 first-class United States mail is timely except as otherwise provided by this
					 chapter, if:
(1) it is properly
				  addressed with postage prepaid; and
(2) it bears a post office cancellation mark
				  indicating a time within the period or before the deadline, or if the person
				  required to take the action furnishes satisfactory proof that it was deposited
				  within in the mail within the period or before the deadline.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.29 - Information About Out-of-State Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who files a report with the
				  commission by electronic transfer and who accepts political contributions from
				  an out-of-state political committee required to file its statement of
				  organization with the Federal Election Commission shall either:
(1) enter the out-of-state committee's
				  federal PAC identification number in the appropriate place on the report;
				  or
(2) timely file a certified copy
				  of the out-of-state committee's statement of organization that is filed with
				  the Federal Election Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.33 - Termination of Campaign Treasurer Appointment by Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may terminate the campaign treasurer appointment of an inactive candidate or an
				  inactive political committee.
(b)
				  For purposes of subsection (a) of this section and §
										RSA
				  252.0131, Election Code, a candidate becomes
				  "inactive" if the candidate files a campaign treasurer appointment with the
				  commission and more than one year has lapsed since the candidate has filed any
				  required campaign finance reports with the commission.
(c) For purposes of subsection (a) of this
				  section and §
										RSA
				  252.0131, Election Code, a political
				  committee becomes "inactive" if the political committee files a campaign
				  treasurer appointment with the commission and more than one year has lapsed
				  since the campaign treasurer of the political committee has filed any required
				  campaign finance reports with the commission.
(d) This section does not apply to a
				  candidate who holds an office specified by §
										RSA
				  252.005(1) or (5), Election
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter A - GENERAL RULES › Section 20.35 - Notice of Proposed Termination of Campaign Treasurer Appointment

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the
				  commission may consider termination of a campaign treasurer appointment under
				  §
										RSA
				  20.33 of this title (relating to Termination
				  of Campaign Treasurer Appointment by Commission) and §
										RSA
				  252.0131, Election Code, the commission shall
				  send written notice to the affected candidate or political committee.
(b) The written notice must be given at least
				  30 days before the date of the meeting at which the commission will consider
				  the termination of campaign treasurer appointment and must include:
(1) The date, time, and place of the
				  meeting;
(2) A statement of the
				  commission's intention to consider termination of the campaign
				  treasurer;
(3) A reference to the
				  particular sections of the statutes and rules that give the commission the
				  authority to consider the termination of the campaign treasurer; and
(4) The effect of termination of the campaign
				  treasurer appointment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter B - GENERAL REPORTING RULES › Section 20.50 - Total Political Contributions Maintained

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For purposes of Election Code §
										RSA
				  254.031(a)(8) and §
										RSA
				  254.0611(a)(1), the total
				  amount of political contributions maintained in one or more accounts includes
				  the following:
(1) The balance on deposit in
				  banks, savings and loan institutions, and other depository
				  institutions;
(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.;
				  and
(3) The balance of political
				  contributions accepted and held in any online fundraising account over which
				  the filer can exercise control by making a withdrawal, expenditure, or
				  transfer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 20 - REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES › Subchapter B - GENERAL REPORTING RULES › Section 20.51 - Value of In-Kind Contribution

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  reporting purposes, the value of an in-kind contribution is the fair market
				  value.
(b) If an in-kind
				  contribution is sold at a political fundraiser, the total amount received for
				  the item at the fundraiser must be reported. This reporting requirement is in
				  addition to the requirement that the fair market value of the in-kind
				  contribution be reported.
(c) If
				  political advertising supporting or opposing two or more candidates is an
				  in-kind contribution, each person benefiting from the contribution shall report
				  the amount determined by dividing the full value of the political advertising
				  by the number of persons benefited by the political advertising.