TEXAS ETHICS COMMISSION
P.O. Box 12070, Austin, Texas 78711-2070
Cullen R. Looney, Chair
Raymond R. "Tripp" Davenport, III, Vice Chair
Wales H. Madden, III
Nicholas C. Taylor
Date and Time:
9:00 a.m. on Friday, March 24, 2006
Room E1.010, Capitol Extension, Austin, Texas
For more information, contact David A. Reisman, Executive Director, at (512) 463-5800
1. Call to order; roll call.
2. Comments by the commissioners.
3. Comments by the executive director.
4. Communication to the commission from the public.
5. Approve minutes of the January 13, 2006, meeting.
6. Presentation of Meritorious Service Award to members of the Computer Services Division by David A. Reisman, Executive Director.
7. Presentation and discussion regarding the financial audit of Texas Ethics Commission by the State Auditor's Office; William Calem, Director of Administration, Chief Fiscal Officer.
8. Discussion and possible action on the approval of a format for electronic filing, including signature requirements of Form CIQ, as proposed by the Cypress-Fairbanks Independent School District, Houston, Texas.
9. Presentation and discussion regarding the assessment of fines by David A. Reisman, Executive Director, and Amy Simms, Program Specialist.
10. Briefing, discussion, and possible action to waive or reduce certain penalties assessed for late filing of campaign finance reports, lobby reports, or personal financial statements.
11. Briefing, discussion, and possible action to waive or reduce late-filing penalties in connection with certain corrected reports or to determine whether certain corrected reports as originally filed substantially complied with the applicable law.
12. Discussion and possible action regarding the termination of campaign treasurer appointments of inactive candidates.
13. Public discussion and possible action on the Code of Conduct for the Texas Ethics Commission members.
Discussion and possible action in response to the following Advisory Opinion Requests:
The drafts of the following proposed opinions are prepared by Ethics Commission staff and are available for review at the commission’s office. Please note that a staff-proposed draft of an opinion may be revised without notice and at any time before the opinion is adopted by the commission.
14. AOR-531: The Texas Ethics Commission has been asked to consider whether corporate expenditures for minimal time spent by a corporate employee to deliver a committee check in person at a local campaign event held in the same locale as the employee lives and during normal working hours are permissible under title 15 of the Election Code.
This opinion construes section 253.100(a) of the Election Code.
15. AOR-532: The Texas Ethics Commission has been asked whether a former state employee who, while an employee of a state agency testified as a witness on the agency's rules in a lawsuit to which the state was not a party, may now represent a litigant in that lawsuit.
This opinion construes section 572.054 of the Government Code.
16. Public discussion and possible action regarding a petition for rulemaking regarding the description of a gift that is reportable under section 572.023(b)(7) of the Government Code.
17. Public discussion and possible action on the adoption and publication in the Texas Register of an amendment to Ethics Commission Rule § 50.1 (Legislative Per Diem) relating to the legislative per diem required to be set under Article III, Section 24a, of the Texas Constitution.
18. Public discussion and possible action on the adoption and publication in the Texas Register of the repeal of Ethics Commission Rule § 18.11 (Substantial Compliance), that defines substantial compliance regarding corrected reports.
19. Public discussion and possible action on the adoption and publication in the Texas Register of the repeal of Ethics Commission Rule § 24.13(d) (Expenditures for a General-Purpose Committee), that excludes from reporting certain corporate expenditures.
20. Public discussion and possible action on the proposal and publication in the Texas Register of an amendment to Ethics Commission Rule § 18.9 (Corrected Reports), which relates to corrected reports.
21. Public discussion and possible action on the proposal and publication in the Texas Register of Ethics Commission Rule § 12.27 (Deadline Extension), the authority of the executive director to extend certain deadlines relating to a sworn complaint.
22. Public discussion and possible action on the proposal and publication in the Texas Register of Ethics Commission Rule § 12.117 (Formal Hearing: Venue), regarding the proper venue for a formal hearing held under the sworn complaint process in chapter 571 of the Government Code.
CERTIFICATION: I certify that I have reviewed this document and that it conforms to all applicable Texas Register filing requirements.
Certifying Official: David A. Reisman, Executive Director
Agency Liaison: Natalia Luna Ashley, General Counsel
NOTICE: Under the Americans with Disabilities Act, an individual with a disability must have an equal opportunity for effective communication and participation in public meetings. Upon request, the Texas Ethics Commission will provide auxiliary aids and services, such as interpreters for the deaf and hearing impaired, readers, and large print or Braille documents. In determining the type of auxiliary aid or service, the commission will give primary consideration to the individual's request. Those requesting auxiliary aids or services should notify Margie Castellanos at (512) 463-5800, (800) 325-8506, or RELAY Texas (800) 735-2989 two days before this meeting so that appropriate arrangements can be made. Please also contact Ms. Castellanos if you need assistance in having English translated into Spanish.