TEXAS ETHICS COMMISSION
P.O. Box 12070, Austin, Texas 78711-2070
Ralph Wayne, Chair
Cullen R. Looney, Vice Chair
Raymond R. "Tripp" Davenport, III
Scott W. Fisher
Wales H. Madden, III
Date and Time:
9:00 a.m. on Wednesday, November 2, 2005
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 September 9, 2005, meeting.
6. Presentation of the Nominating Committee report regarding the positions of Chair and Vice Chair of the Ethics Commission.
7. Presentation, discussion, and possible action regarding the operating budget of the Texas Ethics Commission; William Calem, Director of Administration, Chief Fiscal Officer.
8. Presentation, discussion, and possible action regarding the adoption of local government conflict disclosure forms as required by in H.B. 914, 79th Leg., Regular Session.
9. 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.
10. 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.
11. Discussion and possible action regarding the termination of campaign treasurer appointments of inactive candidates and inactive political committees.
Discussion and possible action in response to the following Advisory Opinion Requests:
The draft 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.
12. AOR-527: The Texas Ethics Commission has been asked to consider whether a non-judicial officeholder who is seeking a judicial office is required to file a single campaign finance report combining both non-judicial and judicial activity.
This opinion construes section 254.096 of the Election Code.
13. SP-9: The Texas Ethics Commission will consider the personal financial disclosure statement reporting requirements in regard to making or receiving a referral for compensation for legal services.
This opinion construes section 572.0252 of the Election Code.
14. Public discussion and possible action on the proposal and publication in the Texas Register of an amendment to Ethics Commission Rule § 18.23 (Administrative Waiver of Fine). The amendment would extend the reasons for which the executive director may administratively waive a late fine assessed in connection with a personal financial statement.
15. Public discussion and possible action on the proposal and publication in the Texas Register of an amendment to Ethics Commission Rules §§ 6.5 (Authority to Adopt Rules) and 8.3(b) (Subject of an Advisory Opinion).
16. Public discussion and possible action on the proposal and publication in the Texas Register of a rule and amendments to Ethics Commission Rules §§ 20.434 (Alternate Reporting Requirements for General-Purpose Committees), 20.417 (Termination Report), 20.431 (Monthly Reporting), and 20.441 (Contents of Dissolution Report). The rule and the amendments clarify the alternative reporting requirement for general-purpose political committees set out in H.B. 1664, 79th Leg., Regular Session.
17. Public discussion and possible action on the proposal and publication in the Texas Register of amendments to Ethics Commission Rules § § 20.553 (County Executive Committee Accepting Contributions or Making Expenditures Totaling $5,000 or Less) and 20.555 (County Executive Committee Accepting Contributions or Making Expenditures That Exceed $5,000) relating to the thresholds triggering county executive committees to file a campaign treasurer appointment and campaign finance reports. The rules reflect changes pursuant to H.B. 1647, 79th Leg., Regular Session.
18. Public discussion and possible action on the proposal and publication in the Texas Register of the repeal of Ethics Commission Rule § 22.25 (Maintenance of Political Contributions in Bank Accounts) relating to the maintenance of political contributions in bank accounts.
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.