ADOPTED RULES

At its December 14 2011, meeting, the Texas Ethics Commission voted to adopt the following rules:

Corrected/Amended Reports
(effective January 8, 2012)
Text of Adopted Rule

Use and Reimbursement of Personal Funds
(effective January 8, 2012)
Text of Adopted Rule

Expenditures Reported Under Title 15
(effective January 8, 2012)
Text of Adopted Rule


Corrected/Amended Reports
Text of Adopted Rule

The new language is italicized and highlighted in yellow.

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 is not subject to a late fine if filed in accordance with section 571.0771 or section 305.033(f) of the Government Code or section 254.0405 of the Election Code, as applicable.

(e) Except as provided by subsections (b) and (c), this section does not apply to a corrected/amended report filed under Section 571.069, Government Code, or a corrected/amended report filed in response to a sworn complaint.


Use and Reimbursement of Personal Funds
Text of Adopted Rule

The new language is italicized and highlighted in yellow.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS
AND EXPENDITURES

Subchapter B. GENERAL REPORTING RULES

§ 20.63. Reporting the Use and Reimbursement of Personal Funds

(a) A candidate is required to report a campaign expenditure from his or her personal funds.

(b) An officeholder is not required to report an officeholder expenditure from his or her personal funds unless he or she intends to be reimbursed from political contributions.

(c) A candidate or officeholder must report a political expenditure from his or her personal funds using one of the following methods:

(1) As a political expenditure made from personal funds reported on the political expenditure made from personal funds schedule;

(2) As a loan without depositing the personal funds in an account in which political contributions are held. The amount reported as a loan may not exceed the total amount actually spent in the reporting period. A political expenditure made from these funds must also be reported as a political expenditure made from political funds, not as made from personal funds; or

(3) If the candidate or officeholder deposits personal funds in an account in which political contributions are held, he or she must report that amount as a loan with an indication that personal funds were deposited in that account. A political expenditure made from an account in which political contributions are maintained must be reported as a political expenditure made from political funds, not as made from personal funds.

(d) A candidate or officeholder who makes political expenditures from his or her personal funds may reimburse those personal funds from political contributions only if:

(1) the expenditures were fully reported using one of the methods in subsection (c) of this section on the report covering the period during which the expenditures were made; and

(2) if the method in subsection (c)(1) of this section was used, the report disclosing the expenditures indicates that the expenditures are subject to reimbursement.

(e) A candidate’s or officeholder’s failure to comply with subsection (d) of this section may not be cured by filing a corrected report after the report deadline has passed.

(f) A candidate or officeholder who has complied with subsection (d) of this section and whose personal funds have been reimbursed from political contributions must report the amount of the reimbursement as a political expenditure in the report covering the period during which the reimbursement was made.

(g) Section 22.21 of this title (relating to Additional Restrictions on Reimbursement of Personal Funds and Payments on Certain Loans) set limits on the amount of political expenditures from personal funds that a statewide officeholder may reimburse from political contributions.


Expenditures Reported Under Title 15
Text of Adopted Rule

The deleted text is indicated by [strikethrough] text.

Chapter 40. FINANCIAL DISCLOSURE FOR PUBLIC OFFICERS

[§ 40.3. Expenditures Reported under the Election Code, Title 15]

[Any person who has reported the receipt of conference transportation, meals, or lodging expenses permitted under the Penal Code, § 36.07 (concerning Acceptance of Honorarium), on that person’s candidate’s sworn report of contributions and expenditures form filed pursuant to the Election Code, Title 15 (concerning Regulating Political Funds and Campaigns), is not required to again list that information on that person’s financial statement filed pursuant to the Government Code, Chapter 572 (concerning Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest).]

 
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