Rules
Adopted
ADOPTED RULES
At its February 28, 2020, meeting, the Texas Ethics Commission voted to adopt the following new or amended rules: §§12.86, 12.174, 18.9, 18.10, 18.11, 20.1 (partial repeal), 22.5 (repeal), 22.6 (partial repeal), 22.33 (repeal), 27.1 (repeal), and 27.101 (repeal). The text of the new or amended rules is located below.
§12.86. Motions for Continuance.
(effective 3-30-2020)
Text of Adopted Rule
§12.174. Summary Disposition.
(effective 3-30-2020)
Text of Adopted Rule
§18.9. Corrected/Amended Reports.
(effective 3-30-2020)
Text of Adopted Rule
§18.10. Guidelines for Substantial Compliance for a Corrected/Amended 8-day
Pre-election Report.
(effective 3-30-2020)
Text of Adopted Rule
§18.11. Guidelines for Waiver or Reduction of a Late Fine for a Corrected/Amended 8-day
Pre-election Report.
(effective 3-30-2020)
Text of Adopted Rule
§20.1. Definitions. (Partial Repeal)
(effective 3-30-2020)
Text of Adopted Rule
§22.5. Contributions to Direct Campaign Expenditure Only Committees. (Repeal)
(effective 3-30-2020)
Text of Adopted Repeal
§22.6. Reporting Direct Campaign Expenditures. (Partial Repeal)
(effective 3-30-2020)
Text of Adopted Rule
§22.33. Expenditure Limits of the Judicial Campaign Fairness Act. (Repeal)
(effective 3-30-2020)
Text of Adopted Repeal
§27.1. Applicability. (Repeal)
(effective 3-30-2020)
Text of Adopted Repeal
§27.101. When a Declaration of Compliance or Declaration of Intent Is Required. (Repeal)
(effective 3-30-2020)
Text of Adopted Repeal
§12.86. Motions for Continuance.
Text of Adopted Rule
The adopted new language is indicated by underlined text.
Chapter 12. SWORN COMPLAINTS.
Subchapter C. INVESTIGATION AND PRELIMINARY REVIEW
§12.86. Motions for Continuance.
(a) Contents of a motion for continuance. A request to postpone a preliminary review hearing must be in writing and include the specific reasons and supporting evidence for the continuance and the dates of any previous motions for continuance.
(b) Date of filing. Motions for continuance must be received by the Commission no later than 21 days before the date of the proceeding or must provide good cause with supporting evidence for presenting the motion after that time. If the presiding officer finds good cause has been demonstrated, the presiding officer may consider a motion that is not timely filed.
(c) Responses to motions for continuance. Responses to motions for continuance must be in writing and include the date the complaint was filed and the number of previous requests to postpone filed in the case. Unless otherwise ordered or allowed by the presiding officer, responses to motions for continuance must be made no later than seven business days after receipt of the motion.
(d) Rulings on motions for continuance. A motion for continuance is not granted until it has been ruled on by the presiding officer, even if the motion is uncontested or agreed. A case is subject to default under §12.23 of this chapter for a party’s failure to appear at a scheduled hearing in which a motion for continuance has not been ruled on by the presiding officer.
§12.174. Summary Disposition.
Text of Adopted Rule
The adopted new language is indicated by underlined text.
Chapter 12. SWORN COMPLAINTS
Subchapter E. FORMAL HEARING
Division 7. Disposition of Formal Hearing
(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.
(c) Contents of Motion. A motion for summary disposition shall include the contents listed below. A motion may be denied for failure to comply with these requirements.
(1) The motion shall state the specific issues upon which summary disposition is sought and the specific grounds justifying summary disposition.
(2) The motion shall also separately state all material facts upon which the motion is based. Each material fact stated shall be followed by a clear and specific reference to the supporting summary disposition evidence.
(3) The first page of the motion shall contain the following statement in at least 12-point, bold-face type: “Notice to parties: This motion requests the commission to decide some or all of the issues in this case without holding an evidentiary hearing on the merits. You have 15 days after the filing of the motion to file a response. If you do not file a response, this case may be decided against you without an evidentiary hearing on the merits.”
(d) Responses to motions.
(1) A party may file a response and summary disposition evidence to oppose a motion for summary disposition.
(2) The response shall include all arguments against the motion for summary disposition, any objections to the form of the motion, and any objections to the summary disposition evidence offered in support of the motion.
(e) Summary disposition evidence.
(1) Summary disposition evidence may include deposition transcripts; interrogatory answers and other discovery responses; pleadings; admissions; affidavits; materials obtained by discovery; matters officially noticed; stipulations; authenticated or certified public, business, or medical records; and other admissible evidence. No oral testimony shall be received at a hearing on a motion for summary disposition
(2) Summary disposition may be based on uncontroverted written testimonial evidence of an interested witness, or of an expert witness as to subject matter concerning which the presiding officer must be guided solely by the opinion testimony of experts, if the evidence is clear, positive and direct, otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted.
(3) All summary disposition evidence offered in support of or in opposition to a motion for summary disposition shall be filed with the motion or response. Copies of relevant portions of materials obtained by discovery that are relied upon to support or oppose a motion for summary disposition shall be included in the summary disposition evidence.
(f) Proceedings on motions.
(1) The presiding officer may order a hearing on a motion for summary disposition and the commission may rule on the motion without a hearing.
(2) The affirmative vote of six commissioners is necessary to grant summary disposition finding a violation by a preponderance of the evidence.
(3) If summary disposition is granted on all contested issues in a case, the record shall close on the date ordered by the presiding officer or on the later of the filing of the last summary disposition arguments or evidence, the date the summary disposition response was due, or the date a hearing was held on the motion. The commission shall issue a final decision and written report, including a statement of reasons, findings of fact, and conclusions of law in support of the summary disposition rendered.
(4) If summary disposition is granted on some but not all of the contested issues in a case, the commission shall not take evidence or hear further argument upon the issues for which summary disposition has been granted. The commission shall issue an order:
(A) specifying the facts about which there is no genuine issue;
(B) specifying the issues for which summary disposition has been granted; and
(C) directing further proceedings as necessary. If an evidentiary hearing is held on the remaining issues, the facts and issues resolved by summary disposition shall be deemed established, and the hearing shall be conducted accordingly. After the evidentiary hearing is concluded, the commission shall include in the final decision a statement of reasons, findings of fact, and conclusions of law in support of the partial summary disposition rendered.
§18.9. Corrected/Amended Reports.
Text of Adopted Rule
The adopted new language is indicated by underlined text.
The deleted text is indicated by [strikethrough] text.
Chapter 18. GENERAL RULES CONCERNING REPORTS
§18.9. Corrected/Amended Reports.
(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 §18.13 of this title. [is not subject to a late fine if filed in accordance with §571.0771 or §305.033(f) of the Government Code or §254.0405 of the Election Code, as applicable.]
(e) Subsection (d) 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;
(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.
(f) In this section, “8-day pre-election report” has the same meaning assigned by §18.10(c) of this title.
(g) [(e)] Except as provided by subsections (b) and (c), this section does not apply to a civil penalty assessed through the [corrected/amended report filed under §571.069, Government Code, or a corrected/amended report filed in response to a] sworn complaint or facial compliance review process.
§18.10. Guidelines for Substantial Compliance for a Corrected/Amended 8-day Pre-election Report.
Pre-election Report.
Text of Adopted Rule
The adopted new language is indicated by underlined text.
Chapter 18. GENERAL RULES CONCERNING REPORTS.
§18.10 Guidelines for Waiver or Reduction of a Late Fine for a Corrected/Amended 8-day Pre-election Report.
(a) A corrected/amended 8-day pre-election report substantially complies with the applicable law and will not be assessed a late fine under §18.9 of this title if:
(1) The original report was filed in good faith and the corrected/amended report was filed not later than the 14th business day after the date the filer learned of the errors or omissions; and
(2) The only corrections/amendments needed were to correct the following types of errors or omissions:
(A) a technical, clerical, or de minimis error, including a typographical error, that is not misleading and does not substantially affect disclosure;
(B) an error in or omission of information that is solely required for the commission’s administrative purposes, including a report type or filer identification number;
(C) an error that is minor in context and that, upon correction/amendment, does not result in changed monetary amounts or activity disclosed, including a descriptive change or a change to the period covered by the report;
(D) one or more errors in disclosing contributions that, in total:
(i) do not exceed $2,000; or
(ii) do not exceed the lesser of 10% of the total contributions on the corrected/amended report or $10,000;
(E) one or more errors in disclosing expenditures that, in total:
(i) do not exceed $2,000; or
(ii) do not exceed the lesser of 10% of the total expenditures on the corrected/amended report or $10,000;
(F) one or more errors in disclosing loans that, in total:
(i) do not exceed $2,000; or
(ii) do not exceed the lesser of 10% of the amount originally disclosed or $10,000; or
(G) an error in the amount of total contributions maintained that:
(i) does not exceed $250; or
(ii) does not exceed the lesser of 10% of the amount originally disclosed or $2,500.
(b) The executive director shall determine whether an 8-day pre-election report as originally filed substantially complies with applicable law by applying the criteria provided in this section.
(c) In this section, “8-day pre-election report” means a report due eight days before an election filed in accordance with the requirements of §20.213(d), 20.325(e), or 20.425(d) of this title (relating to a candidate, a specific-purpose committee, or a general-purpose committee, respectively) and §254.064(c), 254.124(c), or 254.154(c) of the Election Code (relating to a candidate, a specific-purpose committee, or a general-purpose committee, respectively).
§18.11. Guidelines for Waiver or Reduction of a Late Fine for a Corrected/Amended 8-day
Pre-election Report.
Text of Adopted Rule
The adopted new language is indicated by underlined text.
Chapter 18. GENERAL RULES CONCERNING REPORTS.
§18.11 Guidelines for Waiver or Reduction of a Late Fine for a Corrected/Amended 8-day Pre-election Report.
(a) A filer who has filed a corrected/amended 8-day pre-election report may request the executive director to waive or reduce a late fine assessed under §18.9 of this title by submitting an affidavit to the executive director. The executive director shall waive a late fine if the report meets the criteria in subsection (b) of this section and shall reduce a late fine if the report meets the criteria in subsection (c) of this section.
(b) A late fine for a correction/amendment to an 8-day pre-election report shall be waived if:
(1) The corrected report was filed not later than the fourth day after the original report due date;
(2) The only correction/amendment by a candidate or officeholder was to add to or delete from the outstanding loans total an amount of loans made from personal funds;
(3) The only correction/amendment by a political committee was to add the name of each candidate supported or opposed by the committee, when each name was originally disclosed on the appropriate schedule for disclosing political expenditures; or
(4) The only correction/amendment was to disclose the actual amount of a contribution or expenditure, when:
(A) the amount originally disclosed was an overestimation;
(B) the difference between the originally disclosed amount and the actual amount did not vary by more than 10%; and
(C) the original report clearly included an explanation of the estimated amount disclosed and the filer’s intention to file a correction/amendment as soon as the actual amount was known.
(c) A late fine for a correction/amendment to an 8-day pre-election report that does not meet the criteria for a waiver under subsection (b) of this section shall be reduced as follows:
(1) If the corrected/amended report was filed more than four days after the original report due date but was filed before the election day, the late fine is reduced to $500;
(2) If the corrected/amended report was filed after the election and the amount of the incorrectly reported or unreported activity was more than 10% of the total amount disclosed on the corrected/amended report but did not exceed the lesser of 25% of the total amount of activity, or $5,000, the late fine is reduced to $1,000; or
(3) If the amount of the incorrectly reported or unreported activity was more than 40% of the total amount disclosed in the corrected/amended report and the corrected/amended report was filed over a year after the election, the late fine is reduced to 10% of the amount at issue.
(d) A late fine that is reduced under this section will revert to the full amount originally assessed if the reduced fine is not paid on or before the 30th calendar day after the date of the notice informing the filer of the reduction.
(e) A filer may appeal a determination made under this section by submitting a request in writing to the commission.
(1) The request for appeal should state the filer’s reasons for requesting an appeal, provide any additional information needed to support the request, and state whether the filer would like the opportunity to appear before the commission and offer testimony regarding the appeal.
(2) After hearing a request for appeal, the commission may affirm the determination made under this section or make a new determination based on facts presented in the appeal.
(f) This section does not apply to a civil penalty assessed through the sworn complaint process or facial compliance review process.
§20.1. Definitions.
Text of Adopted Rule
The adopted new language is indicated by underlined text.
The deleted text is indicated by [strikethrough] text.
Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter A. GENERAL RULES
§20.1. Definitions.
The following words and terms, when used in Title 15 of the Election Code, in this chapter, Chapter 22 of this title (relating to Restrictions on Contributions and Expenditures), and Chapter 24 of this title (relating to Restrictions on Contributions and Expenditures Applicable to Corporations and Labor Organizations), shall have the following meanings, unless the context clearly indicates otherwise.
(1) through (4) – no change
[(5) Direct campaign expenditure--A campaign expenditure that does not constitute a contribution by the person making the expenditure. A campaign expenditure is not a contribution from the person making the expenditure if:
(A) it is made without the prior consent or approval of the candidate or officeholder on whose behalf the expenditure was made; or
(B) it is made in connection with a measure, but is not a political contribution to a political committee supporting or opposing the measure.]
(5)(6) Election cycle--A single election and any related primary or runoff election.
(6)(7) Identified measure--A question or proposal submitted in an election for an expression of the voters’ will and includes the circulation and submission of a petition to determine whether a question or proposal is required to be submitted in an election for an expression of the voters’ will.
[(8) In-kind contribution--A contribution of goods, services, or any other thing of value, except money, and includes an agreement made or other obligation incurred, whether legally enforceable or not, to make such a contribution. The term does not include a direct campaign expenditure.]
(7)(9) Non-political expenditure--An expenditure from political contributions that is not an officeholder expenditure or a campaign expenditure.
(8)(10) Opposed candidate--A candidate who has an opponent whose name is to appear on the ballot. The name of a write-in candidate does not appear on the ballot.
(9)(11) Out-of-state political committee--A political committee that makes political expenditures outside Texas and in the 12 months immediately preceding the making of a political expenditure by the committee inside Texas (other than an expenditure made in connection with a campaign for a federal office or made for a federal officeholder), makes 80% or more of the committee’s total political expenditures in any combination of elections outside this state and federal offices not voted on in this state. Section 20.13 of this title (relating to Out-of-State Committees) explains the practical application of this definition.
(10)(12) Pledge--A contribution in the form of an unfulfilled promise or unfulfilled agreement, whether enforceable or not, to provide a specified amount of money or specific goods or services. The term does not include a contribution actually made in the form of a check.
(11)(13) Political advertising:
(A) A communication that supports or opposes a political party, a public officer, a measure, or a candidate for nomination or election to a public office or office of a political party, and:
(i) is published in a newspaper, magazine, or other periodical in return for consideration;
(ii) is broadcast by radio or television in return for consideration;
(iii) appears in a pamphlet, circular, flier, billboard, or other sign, bumper sticker, or similar form of written communication; or
(iv) appears on an Internet website.
(B) The term does not include an individual communication made by e-mail but does include mass e-mails involving an expenditure of funds beyond the basic cost of hardware messaging software and bandwidth.
[(14) Political committee--Two or more persons that have as a principal purpose accepting political contributions or making political expenditures to support or oppose candidates, officeholders, or measures. The term does not include a group composed exclusively of two or more individual filers or political committees required to file reports under Election Code, Title 15 (concerning Regulating Political Funds and Campaigns), who make reportable expenditures for a joint activity such as a fundraiser or an advertisement.]
(12)(15) Political subdivision--A county, city, or school district or any other governmental entity that:
(A) embraces a geographic area with a defined boundary;
(B) exists for the purpose of discharging functions of government; and
(C) possesses authority for subordinate self-government through officers selected by it.
(13)(16) Report--Any document required to be filed by this title, including an appointment of campaign treasurer, any type of report of contributions and expenditures, and any notice.
(14)(17) Special pre-election report--A shorthand term for a report filed in accordance with the requirements of §§20.221, 20.333, or 20.435 of this title (relating to Special Pre-Election Report by Certain Candidates; Special Pre-Election Report by Certain Specific-Purpose Committees; Special Pre-Election Reports by Certain General-Purpose Committees) and §§254.038 and §254.039 of the Election Code (relating to Special Report Near Election by Certain Candidates and Political Committees and Special Report Near Election By Certain General-Purpose Committees).
(15)(18) Specific-purpose committee--A political committee that does not meet the definition of general-purpose committee and that has among its principal purposes:
(A) supporting or opposing one or more:
(i) candidates, all of whom are identified and are seeking offices that are known; or
(ii) measures, all of which are identified;
(B) assisting one or more officeholders, all of whom are identified; or
(C) supporting or opposing only one candidate who is unidentified or who is seeking an office that is unknown.
(16)(19) Unidentified measure--A question or proposal that is intended to be submitted in an election for an expression of the voters’ will and that is not yet legally required to be submitted in an election, except that the term does not include the circulation or submission of a petition to determine whether a question or proposal is required to be submitted in an election for an expression of the voters’ will. The circulation or submission of a petition to determine whether a question or proposal is required to be submitted in an election for an expression of the voters’ will is considered to be an identified measure.
(17)(20) Principal purpose--A group has as a principal purpose of accepting political contributions or making political expenditures, including direct campaign expenditures, when that activity is an important or a main function of the group.
(A) A group may have more than one principal purpose.
(B) A group has as a principal purpose accepting political contributions if the proportion of the political contributions to the total contributions to the group is more than 25 percent within a calendar year. A contributor intends to make a political contribution if the solicitations that prompted the contribution or the statements made by the contributor about the contribution would lead to no other reasonable conclusion than that the contribution was intended to be a political contribution.
(C) The group may maintain specific evidence of contributions related only to political contributions or only to nonpolitical contributions. For example, the group may ask the contributor to make an indication when the contribution is made that the contribution is only a nonpolitical contribution.
(D) A group has as a principal purpose making political expenditures, including direct expenditures, if the group expends more than 25 percent of its annual expenses to make political expenditures within a calendar year. The following shall be included for purposes of calculating the threshold:
(i) the amount of money paid in compensation and benefits to the group's employees for work related to making political expenditures;
(ii) the amount of money spent on political expenditures; and
(iii) the amount of money attributable to the proportional share of administrative expenses related to political expenditures. The proportional share of administrative expenses is calculated by comparing the political expenditures in clause (ii) with nonpolitical expenditures. (For example, if the group sends three mailings a year and each costs $10,000, if the first two are issue based newsletters and the third is a direct advocacy sample ballot, and there were no other outside expenditures, then the proportion of the administrative expenses attributable to political expenditures would be 33%.) Administrative expenses include:
(I) fees for services to non-employees;
(II) advertising and promotion;
(III) office expenses;
(IV) information technology;
(V) occupancy;
(VI) travel expenses;
(VII) interest; and
(VIII) insurance.
(E) The group may maintain specific evidence of administrative expenses related only to political expenditures or only to nonpolitical expenditures. Specifically identified administrative expenses shall not be included in the proportion established by subparagraph (D)(iii) but allocated by the actual amount of the expense.
(F) In this section, the term "political expenditures" includes direct campaign expenditures.
(18)(21) In connection with a campaign:
(A) An expenditure is made in connection with a campaign for an elective office if it is:
(i) made for a communication that expressly advocates the election or defeat of a clearly identified candidate by:
(I) using such words as “vote for,” “elect,” “support,” “vote against,” “defeat,” “reject,” “cast your ballot for,” or “Smith for city council;” or
(II) using such phrases as “elect the incumbent” or “reject the challenger,” or such phrases as “vote pro-life” or “vote pro-choice” accompanied by a listing of candidates described as “pro-life” or “pro-choice;”
(ii) made for a communication broadcast by radio, television, cable, or satellite or distributed by print or electronic media, including any print publication, mailing, Internet website, electronic mail, or automated phone bank, that:
(I) refers to a clearly identified candidate;
(II) is distributed within 30 days before a contested election for the office sought by the candidate;
(III) targets a mass audience or group in the geographical area the candidate seeks to represent; and
(IV) includes words, whether displayed, written, or spoken; images of the candidate or candidate’s opponent; or sounds of the voice of the candidate or candidate’s opponent that, without consideration of the intent of the person making the communication, are susceptible of no other reasonable interpretation than to urge the election or defeat of the candidate;
(iii) made by a candidate or political committee to support or oppose a candidate;
or
(iv) a campaign contribution to:
(I) a candidate; or
(II) a group that, at the time of the contribution, already qualifies as a political committee.
(B) An expenditure is made in connection with a campaign on a measure if it is:
(i) made for a communication that expressly advocates the passage or defeat of a clearly identified measure by using such words as “vote for,” “ support,” “vote against,” “defeat,” “reject,” or “cast your ballot for;”
(ii) made for a communication broadcast by radio, television, cable, or satellite or distributed by print or electronic media, including any print publication, mailing, Internet website, electronic mail, or automated phone bank, that:
(I) refers to a clearly identified measure;
(II) is distributed within 30 days before the election in which the measure is to appear on the ballot;
(III) targets a mass audience or group in the geographical area in which the measure is to appear on the ballot; and
(IV) includes words, whether displayed, written, or spoken, that, without consideration of the intent of the person making the communication, are susceptible of no other reasonable interpretation than to urge the passage or defeat of the measure;
(iii) made by a political committee to support or oppose a measure; or
(iv) a campaign contribution to a group that, at the time of the contribution, already qualifies as a political committee.
(C) Any cost incurred for covering or carrying a news story, commentary, or editorial by a broadcasting station or cable television operator, Internet website, or newspaper, magazine, or other periodical publication, including an Internet or other electronic publication, is not a campaign expenditure if the cost for the news story, commentary, or editorial is not paid for by, and the medium is not owned or controlled by, a candidate or political committee.
(D) For purposes of this section:
(i) a candidate is clearly identified by a communication that includes the candidate’s name, office sought, office held, likeness, photograph, or other apparent and unambiguous reference; and
(ii) a measure is clearly identified by a communication that includes the measure’s name or ballot designation (such as “Proposition 1”), purposes, election date, or other apparent and unambiguous reference.
(19)(22) Discount--The provision of any goods or services without charge or at a charge which is less than fair market value. A discount is an in-kind political contribution unless the terms of the transaction reflect the usual and normal practice of the industry and are typical of the terms that are offered to political and non-political persons alike, or unless the discount is given solely in order to comply with §253.041 of the Election Code. The value of an in-kind contribution in the form of a discount is the difference between the fair market value of the goods or services at the time of the contribution and the amount charged.
(20)(23) School district--For purposes of §254.130 of the Election Code and §§20.3 (relating to Reports Filed with the Commission), 20.7 (relating to Reports Filed with Other Local Filing Authority), and 20.315 (relating to Termination of Campaign Treasurer Appointment) of this title, the term includes a junior college district or community college district.
(21)(24) Vendor--Any person providing goods or services to a candidate, officeholder, political committee, or other filer under this chapter. The term does not include an employee of the candidate, officeholder, political committee, or other filer.
§22.5. Contributions to Direct Campaign Expenditure Only Committees.
Text of Adopted Repeal
The deleted text is indicated by [strikethrough] text.
CHAPTER 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES.
[§22.5. Contributions to Direct Campaign Expenditure Only Committees.
(a) Before accepting a political contribution from corporations or labor organizations, a political committee that intends to act exclusively as a “direct campaign expenditure only committee” must file with the commission an affidavit stating the following:
(1) the committee intends to act exclusively as a direct campaign expenditure only committee; and
(2) the committee will not use its political contributions to make political contributions to any candidate for elective office, officeholder, or political committee that makes a political contribution to a candidate or officeholder.
(b) A political committee’s acceptance of a political contribution from a corporation or labor organization does not constitute a violation of §253.003(b) or §253.094(a) of the Election Code if, before accepting the contribution, the committee files with the commission an affidavit described under subsection (a) of this section.
(c) A corporation or labor organization may not make a political contribution to a “direct campaign expenditure only committee” before the committee has filed with the commission an affidavit described under subsection (a) of this section.
(d) A corporation’s or labor organization’s making of a political contribution to a political committee that has filed an affidavit described under subsection (a) of this section does not constitute a violation of §253.094(a) of the Election Code.
(e) This section does not apply to a contribution made or accepted under §253.096 or §253.104 of the Election Code and an expenditure made under §253.100 of the Election Code.]
§22.6. Reporting Direct Campaign Expenditures.
Text of Adopted Rule
The deleted text is indicated by [strikethrough] text.
CHAPTER 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES.
§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 $130 in an election from the person’s own property.
[(b) For purposes of Section 254.261 of the Election Code, “acting in concert” means acting in cooperation or consultation with another, or under an express or implied agreement, to pursue a common activity. Evidence of acting in concert can be provided by showing that persons are:
(1) using the same consultants;
(2) using the same person to purchase media;
(3) sharing mailing lists;
(4) sharing email lists;
(5) sharing telephone lists;
(6) exchanging drafts or final proofs of political advertising;
(7) meeting with a candidate, or a candidate’s agent or staff regarding campaign communications, including but not limited to talking points, campaign themes, campaign communication schedules, and campaign events;
(8) sharing research on candidates or measures; or
(9) sharing polling data.]
§22.33. Expenditure Limits of the Judicial Campaign Fairness Act.
Text of Adopted Repeal
The deleted text is indicated by [strikethrough] text.
Chapter 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES
[§22.33. Expenditure Limits of the Judicial Campaign Fairness Act.
For purposes of the expenditure limits prescribed by §253.168 of the Election Code:
(1) an officeholder expenditure is attributed to the next election in which the officeholder is a candidate that occurs after the expenditure is made; and
(2) a campaign expenditure is attributed to the election for which the expenditure is made.]
§27.1. Applicability.
Text of Adopted Repeal
The deleted text is indicated by [strikethrough] text.
Chapter 27. JUDICIAL CAMPAIGN FAIRNESS ACT
Subchapter A. GENERAL RULES
[§27.1. Applicability.
This chapter applies only to a candidate, officeholder, political committee, political contribution, or political expenditure to which the Judicial Campaign Fairness Act, Subchapter F, Chapter 253, Election Code, applies.]
§27.101.When a Declaration of Compliance or Declaration of Intent Is Required.
Text of Adopted Repeal
The deleted text is indicated by [strikethrough] text.
Chapter 27. JUDICIAL CAMPAIGN FAIRNESS ACT
Subchapter C. GENERAL REPORTING RULES
[§27.101. When a Declaration of Compliance or Declaration of Intent Is Required.
(a) “Declaration” means a declaration of compliance or declaration of intent required to be filed under §253.164, Election Code.
(b) A person is required to file a declaration only when:
(1) the person becomes a candidate for a judicial office at a time when the person is not already a candidate for another judicial office, or
(2) the person changes their intent to comply or not comply with the voluntary expenditure limits as stated in their most recently filed declaration.
(c) A candidate for a judicial office who decides to seek a different judicial office that requires the candidate to transfer their campaign treasurer appointment to another filing authority under §20.206 of this title shall also file with the other authority:
(1) a copy of the candidate's declaration certified by the authority with whom it was originally filed, or
(2) a new declaration, if the candidate changes their intent to comply or not comply with the voluntary expenditure limits as stated in their most recently filed declaration.
(d) A declaration remains in effect for the judicial office sought by a candidate at the time it is filed. If a candidate for a judicial office decides to seek a different judicial office, the declaration that is in effect remains in effect for the subsequent judicial office.]