TEXAS ETHICS COMMISSION

POLITICAL PARTY REPORT REGARDING FUNDS
FROM CORPORATIONS AND LABOR ORGANIZATIONS

FORM PTY-CORP – INSTRUCTION GUIDE

Revised April 20, 2011


TABLE OF CONTENTS

These instructions are for the POLITICAL PARTY REPORT REGARDING FUNDS FROM CORPORATIONS AND LABOR ORGANIZATIONS (Form PTY-CORP). Form PTY-CORP includes a two-sided cover sheet and Schedules C, D, E(P), N, and T. All filers must submit the cover sheet, but only the schedules on which there is information to report need to be included.

GENERAL INSTRUCTIONS

Filling Out the Forms

Photocopies Of Forms

Filing Date

POLITICAL PARTY REPORT REGARDING FUNDS FROM CORPORATIONS AND LABOR ORGANIZATIONS

General Information

Completing the Cover Sheet

Schedule C – Corporate or Labor Organization Contributions Other Than Pledges or Loans

Schedule D – Pledged Corporate or Labor Organization Contributions

Schedule E(P) – Loans

Schedule N – Expenditures From Corporate or Labor Organization Contribution

Schedule T – In-Kind Contribution or Political Expenditure for Travel Outside of Texas

EXAMPLES OF EXPENDITURES


GENERAL INSTRUCTIONS

These general instructions apply to all forms required to be filed under title 15, Texas Election Code.

FILLING OUT THE FORMS

All reports must be either handwritten in ink or typewritten. If you complete the report by hand, please print everything other than your signature.

If you are filing with the Ethics Commission, you may use your own computer-generated form if it provides for disclosure of all the information required on the commission's form and it is substantially identical in paper size, color, layout, and format. A substitute form that is substantially identical to the commission's prescribed form may be submitted for pre-approval by the commission's executive director.

Always file the cover sheet of the report form. You need to file only those schedules on which you have information to report.

You must keep an exact copy of each report filed and all records necessary to complete the report for at least two (2) years after the deadline for filing the report.

If you have questions, please call our office at (512) 463-5800.

PHOTOCOPIES OF FORMS

You may use photocopies of Ethics Commission forms. For example, if the space provided on Schedule C is insufficient, you may make copies of a blank Schedule C form and attach more pages as needed.

FILING DATE

A document is considered timely filed if it is properly addressed with postage or handling charges prepaid and bears a postmark or receipt mark of a common or contract carrier indicating a time on or before the deadline.

If you are filing with the Ethics Commission, please address your reports and correspondence to the Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070. For hand-deliveries, the commission's street address is 201 E. 14th Street, Sam Houston Building, 10th Floor, Austin, Texas 78701.

The deadline for filing a report is 5 p.m. on the due date. If the due date for a report falls on a Saturday, Sunday, or legal holiday, the report is due by 5 p.m. on the next regular business day.


POLITICAL PARTY REPORT REGARDING FUNDS FROM
CORPORATIONS AND LABOR ORGANIZATIONS

GENERAL INFORMATION

These instructions are for the POLITICAL PARTY REPORT REGARDING FUNDS FROM CORPORATIONS AND LABOR ORGANIZATIONS (Form PTY-CORP). A complete report includes the two-sided Form PTY-CORP Cover Sheet, and any of the following schedules on which there is information to report: C, D, E(P), N, and T.

Political parties use this form for reporting contributions from corporations and labor organizations and for reporting expenditures from such contributions. Contributions and expenditures reported on this form are not to be reported on Form GPAC (or MPAC) or Form CEC (or MCEC).

Contributions from Corporations and Labor Organizations: Subject to the restrictions described in these instructions, a political party may accept contributions from corporations and labor organizations. A political party may not accept contributions from corporations or labor organizations during the period beginning 60 days before the date of a general election for state and county officers and ending on the day of the election. Nor may a political party make expenditures during this period from the account in which it keeps contributions from corporations and labor organizations.

Separate Account Required: A political party that accepts a contribution from a corporation or labor organization may use the contribution only for the following purposes:

Records: The chair of a political party must keep records of all contributions from corporations and labor organizations and records of all expenditures from such contributions. The party chair must keep records of contributions and expenditures for at least two years after the filing deadline for the report on which the contributions and expenditures are reported.

Reports: The chair of a political party that has accepted a contribution from a corporation or labor organization must file reports until the political party is no longer accepting corporate or labor organization contributions and the acceptance and expenditure of all such funds has been reported. The chair must file the following reports:

Remember: If a political party accepted a contribution from a corporation or labor organization in any reporting period the party must file the reports listed above until the political party is no longer accepting corporate or labor organization contributions and until the acceptance and expenditure of all such funds has been reported.

Where To File: The chair of a political party shall file the reports described above with the Texas Ethics Commission.

Other Campaign Finance Activity of County Executive Committees: A county executive committee of a political party is required to file reports with the Ethics Commission if it exceeds $25,000 in contributions or expenditures in a calendar year. Those reports are separate from this report. (See Forms CECTA, CEC, and MCEC.)

Contributions from corporations and labor organizations do not count toward the $25,000 contribution threshold for county executive committees. Nor do expenditures from such contributions count toward the $25,000 expenditure threshold for county executive committees.


COMPLETING THE COVER SHEET

Each numbered item in these instructions corresponds to the same numbered item on the form.

PAGE 1

1. ACCOUNT #: The first time the chair of a political party files Form PTY-CORP, the Ethics Commission will assign the party an account number. Please use this account number on all other reports the party submits on Form PTY-CORP.

2. TOTAL PAGES FILED: After you have completed the form, count the total number of pages of this form and any attached schedules. Enter that number where indicated on the top line of Page 1 only. Each side of a two-sided form counts as one page.

3. POLITICAL PARTY NAME: Enter the complete name of the political party. Enter the party's name in the same way wherever you see "PARTY NAME" or "FILER NAME."

4. STATE OR COUNTY PARTY: Check whether the party is the state party organization or a county party organization. If you check "County," please specify the county.

5. POLITICAL PARTY TYPE: Check whether the party is the Democratic Party, the Republican Party, or other. If you check "Other," please give the name of the party.

6. POLITICAL PARTY MAILING ADDRESS: Enter the political party's complete mailing address. Enter this address in the same way wherever you see "PARTY ADDRESS" or "FILER ADDRESS."

7. POLITICAL PARTY CHAIR: Enter the full name of the political party chair, including nicknames and suffixes (e.g., Sr., Jr., III), if applicable.

8. CHAIR'S MAILING ADDRESS: Enter the political party chair's mailing address in this section (street address or P.O. Box, apartment or suite number, city, state, and zip code).

9. CHAIR'S STREET ADDRESS: Enter the complete business or residential street address of the political party chair. Please do not enter a P.O. Box.

10. CHAIR'S PHONE: Enter the phone number of the political party chair, including the area code and extension, if applicable.

11. REPORT TYPE: Check the box that describes the type of report you are filing, according to the descriptions listed below. See the instructions for Section 12, for the periods covered by each type of report.

January 15 Report: A political party required to file Form PTY-CORP must file this semiannual report by January 15 of each year.

July 15 Report: A political party required to file Form PTY-CORP must file this semiannual report by July 15 of each year.

8th Day Before Primary Election Report: A political party required to file Form PTY-CORP must file this report by the 8th day before a primary election.

50th Day Before General Election Report: A political party required to file Form PTY-CORP must file this report by the 50th day before a general election.

12. PERIOD COVERED: A reporting period includes the beginning date and the ending date. The due date is after the end of the period. Generally, a report picks up where the last report left off. You should never leave gaps between the periods covered and generally you should not have an overlap of time periods.

January 15 (Semiannual) Report: The beginning date is either July 1 of the previous year or the first day after the period covered by the last required report, whichever is later. The ending date is December 31 of the previous year.

July 15 (Semiannual) Report: The beginning date is either January 1 or the first day after the period covered by the last required report, whichever is later. The ending date is June 30.

8th Day Before Primary Election Report: The beginning date is the first day after the period covered by the last required report. The ending date is the 10th day before the primary election.

50th Day Before General Election Report: The beginning date is the first day after the period covered by the last required report. The ending date is the 61st day before the general election for state and county officers.

PAGE 2

13. POLITICAL PARTY NAME: Enter the name of the committee as you did on Page 1, Section 3.

14. ACCOUNT #: Enter the account number as you did on Page 1, Section 1.

15. TOTALS: Complete this Section only after you have completed the appropriate schedules.

Line 1: Total Contributions. After you have completed Schedule C, enter the total contributions here. Enter a “0” if you did not receive any contributions during the period covered.

Line 2: Total Expenditures. After you have completed Schedule N, enter the total expenditures here. Enter a “0” if you did not make any expenditures during the period covered.

Line 3: Contribution Balance. Enter the total amount of contributions, including interest or other income on those contributions, maintained as of the last day of the reporting period. Enter “0” if you do not maintain political contributions, including interest or other income on those contributions, as of the last day of the reporting period. This is different from the total contributions reported on Line 1. Only contributions accepted during the period covered by the report are entered on Line 1.

The law requires you to disclose the total amount of political contributions accepted, including interest or other income on those contributions, maintained in one or more accounts in which political contributions are deposited as of the last day of the reporting period. The “total amount of political contributions maintained” includes: the total amount of political contributions maintained in one or more accounts, including the balance on deposit in banks, savings and loan institutions and other depository institutions and 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.

16. AFFIDAVIT: Complete this section only after you have completed all other appropriate sections and schedules. You must complete this section even if you have no schedules to attach.

Only the political party chair may sign the affidavit.


SCHEDULE C: CORPORATE OR LABOR ORGANIZATION CONTRIBUTIONS
OTHER THAN PLEDGES OR LOANS

These instructions are for political parties using SCHEDULE C: CORPORATE OR LABOR ORGANIZATION CONTRIBUTIONS OTHER THAN PLEDGES OR LOANS. Enter on this schedule information about contributions from corporations or labor organizations. (Remember: These contributions are to be kept in a separate account.) Do not enter on this schedule information on pledges, loans, or guarantees of loans. (Report pledges on Schedule D; loans and guarantees of loans on Schedule E(P).)

Enter only political contributions accepted during the period from labor organizations and the following business associations:

(1) corporations that are organized under the Texas Business Corporation Act, the Texas For-Profit Corporation Law, the Texas Non-Profit Corporation Act, the Texas Nonprofit Corporation Law, federal law, or law of another state or nation; or

(2) the following associations, whether incorporated or not: banks, trust companies, savings and loan associations or companies, insurance companies, reciprocal or interinsurance exchanges, railroad companies, cemetery companies, government-regulated cooperatives, stock companies, and abstract and title insurance companies.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. TOTAL PAGES SCHEDULE C: After you have completed Schedule C, count the total number of pages. A "page" is one side of a two-sided form.

2. FILER NAME: Enter the political party's full name.

3. ACCOUNT #: Enter the account number assigned by the Ethics Commission.

4. DATE: Enter the date the political party accepted the contribution.

Accepting a contribution is different from receiving a contribution. The political party accepts a contribution when the determination is made to accept it rather than reject it. This may or may not be the same day that the political party receives the contribution.

5. CORPORATION/LABOR ORGANIZATION NAME: Enter the full name of the corporation or labor organization that made the contribution.

6. CORPORATION/LABOR ORGANIZATION ADDRESS: Enter the complete address of the corporation or labor organization that made the contribution.

7. AMOUNT OF CONTRIBUTION: Enter the amount of the contribution or the fair market value of an in-kind contribution, as applicable.

8. IN-KIND CONTRIBUTION DESCRIPTION: Enter a description of the contribution, if it was an in-kind contribution. The description should be sufficiently detailed to allow a person reviewing the committee's report to understand what was contributed.

In-kind Contribution For Out-of-State Travel: The description of an in-kind contribution for travel outside of the state of Texas must include detailed information. Please report this information on Schedule T.


SCHEDULE D: PLEDGED CORPORATE OR LABOR ORGANIZATION CONTRIBUTIONS

These instructions are for political parties using SCHEDULE D: PLEDGED CORPORATE OR LABOR ORGANIZATION CONTRIBUTIONS. Enter on this schedule only information about pledges accepted during the period from corporations, labor organizations, and the business associations listed below. Do not enter on this schedule information on contributions actually received, loans, or guarantees of loans from corporations. (Report corporate contributions actually received on Schedule C; loans and guarantees of loans on Schedule E(P).)

Enter only pledges accepted during the period from labor organizations and the following business associations:

(1) corporations that are organized under the Texas Business Corporation Act, the Texas For-Profit Corporation Law, the Texas Non-Profit Corporation Act, the Texas Nonprofit Corporation Law, federal law, or law of another state or nation; or

(2) the following associations, whether incorporated or not: banks, trust companies, savings and loan associations or companies, insurance companies, reciprocal or interinsurance exchanges, railroad companies, cemetery companies, government-regulated cooperatives, stock companies, and abstract and title insurance companies.

If the political party accepts a pledge from a corporation or labor organization for money, goods, services, or anything of value, that pledge is a reportable contribution. Note that the party must accept the pledge before you are required to report the pledge. You must include the pledge on this schedule for the report covering the period in which the party accepts the pledge.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. TOTAL PAGES SCHEDULE D: After you have completed Schedule D, count the total number of pages. A "page" is one side of a two-sided form.

2. FILER NAME: Enter the political party's full name.

3. ACCOUNT #: Enter the account number assigned by the Ethics Commission.

4. DATE: Enter the date the political party accepted the pledge.

5. CORPORATION/LABOR ORGANIZATION NAME: Enter the full name of the corporation or labor organization that made the pledge.

6. CORPORATION/LABOR ORGANIZATION ADDRESS: Enter the complete address of the corporation or labor organization that made the pledge.

7. AMOUNT OF PLEDGE: Enter the amount of the pledge or the fair market value of any pledged goods or services, as applicable.

8. IN-KIND DESCRIPTION: Enter a description of the pledged goods or services or other thing of value, if the pledge was for goods or services or other thing of value. The description should be sufficiently detailed to allow a person reviewing the committee's report to understand what was pledged.

In-kind Contribution For Out-of-State Travel: The description of an in-kind contribution for travel outside of the state of Texas must include detailed information. Please report this information on Schedule T.


SCHEDULE E(P): LOANS

These instructions are for political parties using SCHEDULE E(P): LOANS to report certain loans from corporations and from labor organizations. Do not enter information about loans from a corporation that has been legally engaged in the business of making loans for more than one year. (A political party may be required to report such loans on Form CEC or Form GPAC.)

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. TOTAL PAGES SCHEDULE E(P): After you have completed Schedule E(P), count the total number of pages. A "page" is one side of a two-sided form.

2. FILER NAME: Enter the political party's full name.

3. ACCOUNT #: Enter the account number assigned by the Ethics Commission.

4. DATE OF LOAN: Enter the date the political committee accepted the loan.

5. IS LENDER A FINANCIAL INSTITUTION? Skip this section. It is not applicable to political parties.

6. NAME OF LENDER: Enter the full name of the person or entity that made the loan.

7. LENDER ADDRESS: Enter the complete address of the person or entity that made the loan.

8. LOAN AMOUNT: Enter the principal amount of the loan.

9. INTEREST RATE: Enter the interest rate.

10. MATURITY DATE: Enter the maturity date.

11. DESCRIPTION OF COLLATERAL: If there is no collateral for the loan, check the "none" box and go to section 12. If there is collateral for the loan, enter a description of the collateral for the loan.

12. GUARANTOR INFORMATION: If there are no guarantors for the loan, check the "NOT APPLICABLE" box and go to the next loan. If you have no further loans to report, go to the next applicable schedule.

NOTE: A person who guarantees all or part of a loan makes a reportable contribution in the amount of the guarantee. You must report such a contribution on this schedule, and not on Schedule C.

13. NAME OF GUARANTOR: Enter the full name of the guarantor.

14. GUARANTOR ADDRESS: Enter the complete address of the guarantor.

15. AMOUNT GUARANTEED: Enter the dollar amount of the loan that the guarantor has agreed to guarantee.

16. PRINCIPAL OCCUPATION: Enter the principal occupation of the guarantor.

17. EMPLOYER: Enter the employer of the guarantor.


SCHEDULE N: EXPENDITURES FROM CORPORATE
OR LABOR ORGANIZATION CONTRIBUTIONS

These instructions are for political parties using SCHEDULE N: EXPENDITURES FROM CORPORATE OR LABOR ORGANIZATION CONTRIBUTIONS. Enter on this schedule information about expenditures from contributions from corporations or labor organizations to the political party. (Remember: Such contributions must be kept in a separate account.)

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. TOTAL PAGES SCHEDULE N: After you have completed Schedule N, count the total number of pages. A "page" is one side of a two-sided form.

2. FILER NAME: Enter the political party's full name.

3. ACCOUNT #: Enter the account number assigned by the Ethics Commission.

4. DATE: Enter the date the expenditure was made. The date of an expenditure is not necessarily the date goods or services are received. It is the date on which the obligation to make a payment is incurred, as long as the amount of the payment is "readily determinable." Generally, the amount of an expenditure is known (and therefore readily determinable) when the obligation is incurred, but in some cases the amount is not known until the receipt of a bill. An amount is readily determinable if the vendor can provide the amount at the filer's request.

Example: On June 29th, a filer orders political signs. On July 16th, the filer receives the invoice for the signs.  The date of the expenditure is June 29th if on that date the vendor can provide the amount the filer will owe the vendor for the signs.  Filers should request a vendor to provide the amount of an obligation at the time the obligation is incurred.

Example:  Filers will generally not know the cost of a long-distance telephone call until receipt of a monthly (periodic) bill.  In that case, the date of the expenditure for the telephone call would be the date the bill was received.

5. PAYEE NAME: Enter the full name of the person to whom the expenditure was made.

NOTE: If the expenditure was by credit card, enter the name of the vendor who sold you the goods or services, not the name of the credit card issuer.

6. AMOUNT: Enter the exact amount of the expenditure.

7. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was made.

8. PURPOSE OF EXPENDITURE: If your expenditure was to purchase or lease goods or services, enter a description of the goods or services so that a person reviewing your report would know what goods or services were purchased or leased. For expenditures made on or after July 1, 2010, you must disclose the purpose of the expenditure in two parts:

(a) Category: Select a category of goods, services, or other thing of value for which an expenditure is made. Examples of acceptable categories include:

Advertising Expense
Accounting/Banking
Consulting Expense
Contributions/Donations Made By Candidate/Officeholder/Political Committee
Event Expense
Fees
Food/Beverage Expense
Gifts/Awards/Memorials Expense
Legal Services
Loan Repayment/Reimbursement
Office Overhead/Rental Expense
Polling Expense
Printing Expense
Salaries/Wages/Contract Labor
Solicitation/Fundraising Expense
Transportation Equipment and Related Expense
Travel In District
Travel Out Of District
Other (Enter your own category, if none of the listed categories apply.)

(b) Description: Enter a brief statement or description of the candidate or officeholder activity that is conducted by making the expenditure. The brief statement or description must include the item or service purchased and must be sufficiently specific, when considered within the context of the description of the category, to make the reason for the expenditure clear. Merely disclosing the category of goods, services, or other thing of value for which the expenditure is made does not adequately describe the purpose of an expenditure.

Description of Expenditure For Out-of-State Travel: The description of a political expenditure for travel outside of the state of Texas must include detailed information. Please report this information on Schedule T.

For examples of acceptable ways to disclose the purpose of an expenditure, including both a description of the category of goods or services received in exchange for the expenditure and a brief statement or description of the candidate or officeholder activity that is conducted by making the expenditure, please see the "Examples of Expenditures."


SCHEDULE T: IN-KIND CONTRIBUTION OR POLITICAL EXPENDITURE
FOR TRAVEL OUTSIDE OF TEXAS

These instructions are for candidates, officeholders, committees, or political parties using SCHEDULE T: IN-KIND CONTRIBUTION OR POLITICAL EXPENDITURE FOR TRAVEL OUTSIDE OF TEXAS. Enter on this schedule only information about contributions accepted or expenditures made during the reporting period. In addition to completing this schedule, you must also report the actual contribution or expenditure on the appropriate schedule or form.

NOTE: The law requires detailed information regarding in-kind contributions or political expenditures for travel outside of the state of Texas.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. TOTAL PAGES SCHEDULE T After you have completed Schedule T, count the total number of pages. A “page” is one side of a two-sided form.

2. FILER NAME: Enter the full name of the candidate, committee, or party on whose report you are including this schedule.

3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Ethics Commission, you are not required to enter an account number.

4. NAME OF CONTRIBUTOR / CORPORATION OR LABOR ORGANIZATION / PLEDGOR / PAYEE: Enter the full name of the contributor / corporation or labor organization / pledgor / payee as it appears on the schedule or form on which you reported the actual contribution or expenditure.

5. CONTRIBUTION / EXPENDITURE REPORTED ON: Check the appropriate box for the schedule or form on which you reported the actual contribution or expenditure

6. DATES OF TRAVEL: Enter the dates on which the travel occurred.

7. NAME OF PERSON(S) TRAVELING: Enter the name of the person or persons traveling on whose behalf the travel was accepted or on whose behalf the expenditure was made.

8. DEPARTURE CITY OR NAME OF DEPARTURE LOCATION: Enter the name of the departure city or the name of each departure location.

9. DESTINATION CITY OR NAME OF DESTINATION LOCATION: Enter the name of the destination city or the name of each destination location.

10. MEANS OF TRANSPORTATION: Enter the method of travel (i.e. airplane, bus, boat, car, etc.)

11. PURPOSE OF TRAVEL: Enter the campaign or officeholder purpose of the travel, including the name of a conference, seminar, or other event.

 

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