ADOPTED RULES

At its June 9, 2009, meeting, the Texas Ethics Commission voted to adopt the following rules.

Authority to Adopt Rules
(effective July 1, 2009)
Text of Adopted Rule

Advisory Opinions
(effective July 1, 2009)
Text of Adopted Rule

Valuation of Ticket
The Texas Ethics Commission did not adopt theValuation of Ticket rules.


Authority to Adopt Rules
Text of Adopted Rule

The new language is indicated by italics.

Chapter 6.  ORGANIZATION AND ADMINISTRATION

Subchapter A.  General Rules

§ 6.5. Authority to Adopt Rules

(a) This title is adopted under the authority granted by the Act, the Administrative Procedure Act, and by any other law administered and enforced by the commission that establishes the commission's authority to adopt rules.

(b) The commission will not adopt a rule that in the opinion of the commission, directly addresses the subject matter of pending litigation known to the commission.

(c) For purposes of this section, the term litigation includes a sworn complaint proceeding before the commission only if the Government Code Subchapters C-H, Chapter 2001, apply to the proceeding.


Advisory Opinions
Text of Adopted Rule

The new language is indicated by italics.

Chapter 8.  ADVISORY OPINIONS

§ 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) For purposes of this section, the term litigation includes a sworn complaint proceeding before the commission only if the Government Code Subchapters C-H, Chapter 2001, apply to the proceeding.

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

 

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