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Rules
Proposed

PROPOSED RULES


At its September 2025, meeting, the Texas Ethics Commission (“TEC”) voted to propose the following amended and repealed rules: §22.1 regarding Certain Campaign Treasurer Appointments Required before Political Activity Begins, §22.3 regarding Disclosure of True Source of Contribution or Expenditure, §22.6 regarding Reporting Direct Campaign Expenditures, §22.7 regarding Contribution from Out-of-State Committee, §22.9 regarding Cash Contributions Exceeding $100 Prohibited, §22.11 regarding Prohibition on Contributions during Regular Session, §22.17 regarding Prohibition on Personal Use of Political Contributions, §22.19. General Restrictions on Reimbursement of Personal Funds, §22.21 regarding Additional Restrictions on Reimbursement of Personal Funds and Payments on Certain Loans, §22.23 regarding Restrictions on Certain Payments, §22.27 regarding Time Limit on Retaining Unexpended Contributions, §22.29 regarding Activity after Death or Incapacity of Candidate or Officeholder, §22.37 regarding Virtual Currency Contributions, §24.1 regarding Corporations and Certain Associations Covered, §24.5 regarding Corporate Loans, and §24.17 regarding Corporate Expenditures for Get-Out-the-Vote Campaigns Permitted. The text of the proposed amended and repealed rules are located below.


Summary of Proposed Rules, in English

State law requires state agencies to “review and consider for readoption each of its rules … not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date.” Tex. Gov’t Code §2001.039. The law further requires agencies to “readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.” Id.

The TEC is continuing its comprehensive review with a review of the TEC’s rules regarding restrictions on contributions and expenditures, which are codified in Chapter 22, and restrictions on contributions and expenditures applicable to corporations and labor organizations, which are codified in Chapter 24. The repeal of some rules and adoption of amendments to other rules seek to shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on these restrictions.


Resumen de las Reglas Propuestas, en Español

La ley estatal exige que las agencias estatales “revisen y consideren la readopción de cada una de sus normas… a más tardar el cuarto aniversario de la fecha de entrada en vigor de la norma y cada cuatro años a partir de esa fecha”. Código de Gobierno de Texas, §2001.039. La ley también exige que las agencias “readopten, readopten con enmiendas o deroguen una norma como resultado de la revisión de la misma conforme a esta sección”. Id.

El TEC continúa su revisión exhaustiva con una revisión de sus normas relativas a las restricciones a las contribuciones y los gastos, codificadas en el Capítulo 22, y las restricciones a las contribuciones y los gastos aplicables a las corporaciones y organizaciones laborales, codificadas en el Capítulo 24. La derogación de algunas normas y la adopción de enmiendas a otras buscan acortar, simplificar y reorganizar las normas para eliminar la superposición y mejorar la claridad sobre estas restricciones.

CHAPTER 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

The proposed new language is indicated by underlined text.
The deleted text is indicated by [strikethrough] text.

§22.1. Certain Campaign Treasurer Appointments Required before Political Activity Begins.

(a) [An individual] A candidate or officeholder must file a campaign treasurer appointment with the proper authority upon becoming a candidate. [before accepting a campaign contribution or making or authorizing a campaign expenditure.]

[(b) A political committee may not accept political contributions exceeding the amount specified for making political contributions or making or authorizing political expenditures in Tex. Elec. Code §253.031(b), as amended by Figure 1 in 1 TAC §18.31 without filing a campaign treasurer appointment with the appropriate filing authority.]

[(c) Unless the committee's campaign treasurer appointment was filed not later than the 30th day before the appropriate election day, a political committee may not knowingly make or authorize campaign contributions or campaign expenditures exceeding the amount specified in Tex. Elec. Code §253.031(b), as amended by Figure 1 in 1 TAC §18.31 to support or oppose a candidate in a primary or general election for the following:]

[(d) This section does not apply to the county executive committee of a political party except as provided in Chapter 20, Subchapter I of this title (relating to Rules Applicable to a Political Party's County Executive Committee).]


[§22.3. Disclosure of True Source of Contribution or Expenditure.

A person may not knowingly make or authorize a political contribution or political expenditure in the name of or on behalf of another unless the person discloses the name and address of the person who is the true source of the contribution.]


[§22.6. Reporting Direct Campaign Expenditures.

(a) Section 254.261 of the Election Code applies to a person who, not acting in concert with another person, makes one or more direct campaign expenditures that exceed the amount specified in Tex. Elec. Code §254.261(a), as amended by Figure 1 in 1 TAC §18.31 in an election from the person’s own property.]


§22.7. Contribution from Out-of-State Committee.

[(a) For each reporting period during which a candidate, officeholder, or political committee accepts a contribution or contributions from an out-of-state political committee totaling more than the amount specified in Tex. Elec. Code §253.032(a), as amended by Figure 1 in 1 TAC §18.31, the candidate, officeholder, or political committee must comply with subsections (b) and (c) of this section.]

[(b) The candidate, officeholder, or political committee covered by subsection (a) of this section must first obtain from the out-of-state committee one of the following documents before accepting the contribution that causes the total received from the out-of-state committee to exceed the amount specified in Tex. Elec. Code §253.032(a), as amended by Figure 1 in 1 TAC §18.31 during the reporting period:]

[(c) The document obtained pursuant to subsection (b) of this section shall be included as part of the report that covers the reporting period in which the candidate, officeholder, or political committee accepted the contribution that caused the total accepted from the out-of-state committee to exceed the amount specified in Tex. Elec. Code §253.032(e), as amended by Figure 1 in 1 TAC §18.31.]

[(d)] (a) A candidate, officeholder, or political committee that:

[(e)] (b) A candidate, officeholder, or political committee that accepts a contribution or contributions totaling the amount specified in Tex. Elec. Code §253.032(e), as amended by Figure 1 in 1 TAC §18.31 or less from an out-of-state political committee shall include as part of the report covering the reporting period in which the contribution or contributions are accepted either:

[(f) This section does not apply to a contribution from an out-of-state political committee if the committee filed a campaign treasurer appointment with the commission before making the contribution.]


§22.9. Cash Contributions Exceeding $100 Prohibited.

[(a) A candidate, officeholder, or specific-purpose committee may not knowingly accept political contributions in cash that in the aggregate exceed $100 from a contributor in a reporting period.

(b) Checks are not considered cash for purposes of this section.]

For the purposes of section 253.033 of the Election Code, “cash” is paper currency and coinage.


[§22.11. Prohibition on Contributions during Regular Session.

(a) During the period that begins on the 30th day before the date a regular legislative session convenes and continuing through the 20th day after the date of final adjournment, a person may not knowingly make a political contribution to:

(b) An individual or committee described in subsection (a) of this section may not knowingly accept a political contribution, and shall refuse a political contribution that is received, during the period prescribed by subsection (a) of this section.

(c) A political contribution that is received and refused pursuant to this section shall be returned to the contributor not later than the 30th day after the date of receipt.

(d) A contribution made by United States mail or by common or contract carrier is not considered received during the period prescribed by subsection (a) of this section if it was deposited into an official repository of the United States Postal Service or delivered to a common or contract carrier with postage prepaid and properly addressed before the beginning of the period. The date of the postmark or common or contact carrier documents is considered to be the date the contribution was placed in the mail or delivered to the common or contract carrier unless proven otherwise.

(e) This section does not apply to a political contribution that was made and accepted with the intent that it be used:


§22.17. Prohibition on Personal Use of Political Contributions.

[(a) A person who accepts a political contribution as a candidate or officeholder may not convert the contribution to personal use. This subsection applies only to political contributions accepted on or after September 1, 1983.

(b) A specific-purpose committee that accepts a political contribution may not convert the contribution to the personal use of a candidate, officeholder, or former candidate or officeholder. This prohibition applies only to political contributions accepted on or after September 1, 1987.

(c) The prohibitions set out in subsections (a) and (b) of this section apply to the use of an asset purchased with political contributions and to the use of any interest or other income earned on political contributions.

(d) (a) “Personal use” means a use that primarily furthers individual or family purposes not connected with the performance of duties or activities as a candidate for or holder of a public office. In addition to the exceptions listed in §253.035(d) of the Election Code, it does not include: