ADOPTED RULES

At its April 4, 2008, meeting, the Texas Ethics Commission voted to adopt the following rules:

Lobby Expenditure
(Effective April 30, 2008)
Text of Adopted Rule

Conflicts of Interest
(Effective April 30, 2008)
Text of Adopted Rules

Subject of Advisory Opinion
(Effective April 30, 2008)
Text of Adopted Rule


Lobby Expenditure
Text of Adopted Rule

The new language is italicized.

Chapter 34. REGULATIONS OF LOBBYISTS

Subchapter A. GENERAL PROVISIONS

34.11. Attribution of Expenditure to More Than One Person; Reimbursement of Lobby Expenditure

(a) Except as provided by Government Code, 305.0021, a lobby expenditure made on a person’s behalf and with the person’s consent or ratification is an expenditure by that person for purposes of registration and reporting under Government Code, Chapter 305, and this chapter.

(b) Payment of reimbursement to a registrant is not included for purposes of calculation of the registration threshold under Government Code, § 305.003(a)(1), and is not required to be reported if the registrant receiving the reimbursement reports the expenditure on a lobby activity report.

(c) A registrant is not required to report a lobby expenditure attributable to more than one person if another registrant has reported the expenditure.


Conflicts of Interest
Text of Adopted Rules

The new language is italicized.

CHAPTER 45. CONFLICTS OF INTEREST

45.1. Application

This chapter applies to sections 2152.064 (Texas Facilities Commission) and 2155.003 (Comptroller) of the Government Code.

45.3. Definitions

(a) Section 2155.003 of the Government Code applies to:

(1) the chief clerk; and

(2) an employee who exercises discretion in connection with a contract, payment, claim, or other pecuniary transaction under the comptroller's purchasing authority.

(b) Under section 2155.003 of the Government Code the following words and terms shall have the following meanings:

(1) “Chief clerk” and “employee” includes the spouse or dependent child of the chief clerk or employee.

(2) “Have an interest in” or “in any manner be connected with,” is limited to the purchasing authority that was transferred to the comptroller by section 2151.004 of the Government Code, and means a right, share, equitable or legal claim to, or pecuniary interest in, a contract or bid.

(3) “Value,” “reward,” and “compensation” includes anything with a monetary value of $5 or more.

(c) Section 2155.003 of the Government Code does not apply to the ownership of stock the value of which does not exceed the lesser of $25,000 or 5% in any one company, or ownership of shares in a publicly traded mutual fund or similar investment vehicle in which the person does not exercise any discretion regarding the investment of the assets of the fund or other investment vehicle.

45.5. Definitions

(a) Section 2152.064 of the Government Code applies to:

(1) a commission member and appointee; and

(2) to an employee who exercises discretion in connection with a contract, payment, claim, or other pecuniary transaction under section 2152.064 of the Government Code, or in connection with state surplus or salvage property.

(b) Under section 2152.064 of the Government Code the following words and terms shall have the following meanings:

(1) “Commission member,” “appointee,” and “employee” includes the spouse or dependent child of a commission member, appointee, or employee.

(2) “Have an interest in” or “in any manner be connected with,” means a right, share, equitable or legal claim to, or pecuniary interest in, a contract or bid, or a recipient of state surplus or salvage property under control of the commission.

(3) “Value,” “reward,” and “compensation” includes anything with a monetary value of $5 or more.

(c) Section 2152.064 of the Government Code does not apply to the ownership of stock the value of which does not exceed the lesser of $25,000 or 5% in any one company, or ownership of shares in a publicly traded mutual fund or similar investment vehicle in which the person does not exercise any discretion regarding the investment of the assets of the fund or other investment vehicle.

45.7. Rebates

(a) The term “rebate” includes a discount, return, or refund of money.

(b) The chief clerk or an employee of the comptroller is not prohibited from accepting a rebate that is offered or given on the same terms to all state employees or to the general public.

45.9. Rebates

(a) The term “rebate” includes a discount, return, or refund of money.

(b) An employee, appointee, or commission member of the Texas Facilities Commission is not prohibited from accepting a rebate that is offered or given on the same terms to all state employees or to the general public.


Subject of Advisory Opinion
Text of Adopted Rule

The new language is italicized.

8.3. Subject of an Advisory Opinion

(a) The commission will issue a written advisory opinion on the following laws to a person qualified to make a request under § 8.5 of this title (relating to Persons Eligible To Receive an Advisory Opinion):

(1) Government Code, Chapter 302 (concerning Speaker of the House of Representatives);

(2) Government Code, Chapter 303 (concerning Governor for a Day and Speaker's Reunion Day Ceremonies);

(3) Government Code, Chapter 305 (concerning Registration of Lobbyists);

(4) Government Code, Chapter 572 (concerning Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest);

(5) Government Code, Chapter 2004 (concerning Representation Before State Agencies);

(6) Local Government Code, Chapter 159, Subchapter C, in connection with a county judicial officer, as defined by Section 159.051, Local Government Code, who elects to file a financial statement with the commission;

(7) Election Code, Title 15 (concerning Regulating Political Funds and Campaigns);

(8) Penal Code, Chapter 36 (concerning Bribery and Corrupt Influence);

(9) Penal Code, Chapter 39 (concerning Abuse of Office);

(10) Government Code, Section 2152.064 (concerning Conflict of Interest in Certain Transactions); and

(11) Government Code, Section 2155.003 (concerning Conflict of Interest).

(b) The commission will not issue an advisory opinion that concerns the subject matter of pending litigation known to the commission.

(c) An advisory opinion cannot resolve a disputed question of fact.

 

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