ADOPTED RULES

At its October 26, 2007, meeting, the Texas Ethics Commission voted to adopt the following rules:

Reporting Staff Reimbursement
(Effective 11/18/2007)
Text of Adopted Rule

Electronic Filing Deadline
(Effective 11/18/2007)
Text of Adopted Rule

Reporting Political Contributions and Expenditures
(Effective 11/18/2007)
Text of Adopted Rules


Reporting Staff Reimbursement
Text of Adopted Rule

The new language is italicized.

Subchapter B. GENERAL REPORTING RULES

 

§ 20.62.  Reporting Staff Reimbursement

 

(a) Political expenditures made out of personal funds by a staff member of an officeholder, a candidate, or a political committee with the intent to seek reimbursement from the officeholder, candidate, or political committee that in the aggregate do not exceed $5,000 during the reporting period may be reported as follows IF the reimbursement occurs during the same reporting period that the initial expenditure was made:

 

(1) the amount of political expenditures that in the aggregate exceed $50 and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made and the dates and purposes of the expenditures; and

 

(2) included with the total amount or a specific listing of the political expenditures of $50 or less made during the reporting period.

 

(b) Except as provided by subsection (a) of this section, a political expenditure made out of personal funds by a staff member of an officeholder, a candidate, or a political committee with the intent to seek reimbursement from the officeholder, candidate, or political committee must be reported as follows:

 

(1) the aggregate amount of the expenditures made by the staff member as of the last day of the reporting period is reported as a loan to the officeholder, candidate, or political committee;

 

(2) the expenditure made by the staff member is reported as a political expenditure by the officeholder, candidate, or political committee; and

 

(3) the reimbursement to the staff member to repay the loan is reported as a political expenditure by the officeholder, candidate, or political committee.

 


Electronic Filing Deadline
Text of Adopted Rule

The new language is italicized.

Chapter 18. GENERAL RULES CONCERNING REPORTS

 

§ 18.7. Timely Reports and Complete Reports

 

(a) A report is timely if it is complete and is filed by the applicable deadline using the reporting method required by law.

 

(b) The deadline for any report filed electronically with the commission is midnight on the last day for filing the report under the law requiring the filing of the report.

 

(c) A report is late if it is:

 

(1) incomplete;

 

(2) not filed by the applicable deadline; or

 

(3) not filed by computer diskette, modem, or other means of electronic transfer and the filer is required by law to file using one of these methods.

 


Reporting Political Contributions and Expenditures
Text of Adopted Rules

The new language is italicized.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONSS AND EXPENDITURES

Subchapter A. GENERAL RULES

§ 20.1. Definitions (Changes only to the following definitions)

 

(17) Special pre-election report--A shorthand term for a report filed in accordance with the requirements of §§ 20.221, 20.333, or 20.435 of this title (relating to Special Pre-Election Report by Certain Candidates; Special Pre-Election Report by Certain Specific-Purpose Committees; Special Pre-Election Reports by Certain General-Purpose Committees) and §§ 254.038 and 254.039 of the Election Code (relating to Special Report Near Election by Certain Candidates and Political Committees and Special Report Near Election By Certain General-Purpose Committees).

 

(18) Specific-purpose committee--A political committee that does not meet the definition of general-purpose committee and that has among its principal purposes:

 

(A) supporting or opposing one or more:

 

(i) candidates, all of whom are identified and are seeking offices that are known; or

 

(ii) measures, all of which are identified;

 

(B) assisting one or more officeholders, all of whom are identified; or

 

(C) supporting or opposing only one candidate who is unidentified or who is seeking an office that is unknown.

 

(19) Unidentified measure--A question or proposal that is intended to be submitted in an election for an expression of the voters’ will and that is not yet legally required to be submitted in an election, except that the term does not include the circulation or submission of a petition to determine whether a question or proposal is required to be submitted in an election for an expression of the voters’ will. The circulation or submission of a petition to determine whether a question or proposal is required to be submitted in an election for an expression of the voters’ will is considered to be an identified measure.

 

§ 20.3. Reports Filed with the Commission (No change)

 

§ 20.5. Reports Filed with a County Filing Authority (No change)

 

§ 20.7. Reports Filed with Other Local Filing Authority (No change)

 

§ 20.9. Filing Option for Certain Specific-Purpose Committees (No change)

 

§ 20.11. Federal Candidates and Officeholders (No change)

 

§ 20.13. Out-of-State Committees (No change)

 

§ 20.15. Change of Address (No change)

 

§ 20.17. Retention of Records and Reports (No change)

 

§ 20.19. Reports Must Be Filed on Official Forms

 

Except for special pre-election reports that are exempt from the electronic filing requirement, all reports required by Chapters 20 through 40 must be filed in a format prescribed by the commission or on forms approved by the executive director pursuant to § 18.1 of this title (relating to Forms).

 

§ 20.20. Timeliness of Action by Electronic Filing

 

The filing deadline for any report filed electronically with the commission is midnight on the last day for filing the report under the law requiring the filing of the report.

§ 20.21. Due Dates on Holidays and Weekends

(a) Except as provided in subsection (b) of this section, if the deadline for a report falls on a Saturday, Sunday, or a legal state or national holiday, the report is due on the next regular business day.

 

(b) Subsection (a) of this section does not apply to a special pre-election report required by this title or by Title 15 of the Election Code.  Special pre-election reports are due on the date assigned by the sections requiring those reports to be filed.

 

§ 20.23. Timeliness of Action by Mail (No change)

 

§ 20.25. Affidavit  (Repealed)

 

§ 20.27. Electronic Filing of Telegram Reports  (Repealed)

 

§ 20.29. Information About Out-of-State Committees (No change)

 

§ 20.31. Use of Political Contributions for Contributions to Speaker Candidate  (Repealed)

 

§ 20.33. Termination of Campaign Treasurer Appointment By Commission (No change)

 

§ 20.35. Notice of Proposed Termination of Campaign Treasurer Appointment (No change)

 

Subchapter B. GENERAL REPORTING RULES

 

§ 20.51. Value of In-Kind Contribution (No change)

 

§ 20.52. Description of In-Kind Contribution for Travel (No change)

 

§ 20.53. Disclosure of True Source of Contribution or Expenditure (No change)

 

§ 20.55. Time of Accepting Contribution (No change)

 

§ 20.56. Reporting a Pledge of a Contribution (No change)

 

§ 20.57. Time of Making Expenditure (No change)

 

§ 20.59. Reporting Expenditure by Credit Card (No change)

 

§ 20.61. Description of Expenditure (No change)

 

§ 20.63. Reporting the Use and Reimbursement of Personal Funds (No change)

 

§ 20.65. Reporting No Activity

 

(a) As a general rule, a candidate or officeholder must file a report required by Subchapter C of this chapter (relating to Reporting Requirements for a Candidate) or Subchapter D of this chapter (relating to Reporting Requirements for an Officeholder Who Does Not Have a Campaign Treasurer Appointment on File) even if there has been no reportable activity during the period covered by the report.

 

(b) This general rule does not apply to:

 

(1) special pre-election reports;

 

(2) special session reports; or

 

(3) a local officeholder who does not have a campaign treasurer appointment on file and who does not accept more than $500 in political contributions or make more than $500 in political expenditures during the reporting period.

 

(c) If a required report will disclose that there has been no reportable activity during the reporting period, the filer shall submit only those pages of the report necessary to identify the filer and to swear to the lack of reportable activity.

 

§ 20.67. Reporting after the Death or Incapacity of a Filer (No change)

 

Subchapter C. REPORTING REQUIREMENTS FOR A CANDIDATE

 

§ 20.201. Required Appointment of Campaign Treasurer (No change)

 

§ 20.203 Candidates for State Party Chair (No change)

 

§ 20.205. Contents of Candidate’s Campaign Treasurer Appointment (No change)

 

§ 20.206. Transfer of Campaign Treasurer Appointment (No change)

 

§ 20.207. Termination of Campaign Treasurer Appointment (No change)

 

§ 20.209. Reporting Obligations Imposed on Candidate, Not Campaign Treasurer (No change)

 

§ 20.211. Semiannual Reports

 

(a) A candidate shall file semiannual reports as provided by this section.

 

(b) One semiannual report is due no earlier than July 1 and no later than July 15.

 

(1) The period covered by a report under this subsection begins on the later of the following dates, as applicable:

 

(A) January 1;

 

(B) the first day after the period covered by the last report required by this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter (relating to Reporting Requirements for an Officeholder Who Does Not Have a Campaign Treasurer Appointment on File); or

 

(C) the day the candidate’s campaign treasurer appointment was filed, if this is the candidate’s first report filed under this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter.

 

(2) The period covered by a report under this subsection ends on June 30.

 

(c) One semiannual report is due no earlier than January 1 and no later than January 15.

 

(1) The period covered by a report under this subsection begins on the later of the following dates, as applicable:

 

(A) July 1;

 

(B) the first day after the period covered by the last report required by this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter; or

 

(C) the day the candidate’s campaign treasurer appointment was filed, if this is the candidate’s first report filed under this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter.

 

(2) The period covered by a report under this subsection continues through December 31.

 

§ 20.213. Pre-Election Reports

 

(a) A candidate who has an opponent on the ballot in an election must file two pre-election reports, except as provided by subsections (b), (e), and (f) of this section.

 

(b) A candidate who has declared the intention to file reports in accordance with § 20.217 of this title (relating to Modified Reporting) and who remains eligible to file under the modified schedule is not required to file pre-election reports.

 

(c) The first pre-election report must be received by the authority with whom the report is required to be filed not later than 30 days before election day. If this is the candidate’s first report filed, the report covers a period that begins on the day the candidate’s campaign treasurer appointment was filed.  Otherwise the period begins on the first day after the period covered by the last report required by this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter (relating to Reporting Requirements for an Officeholder Who Does Not Have a Campaign Treasurer Appointment on File).  The period covered by the report continues through the 40th day before the election.

 

(d) The second pre-election report must be received by the authority with whom the report is required to be filed not later than eight days before election day.  The report covers the period that begins on the 39th day before the election and ends on the 10th day before the election.

 

(e) If a person becomes an opposed candidate during the period that begins on the 39th day before the election and ends on the 10th day before the election, the person shall file one pre-election report.  The report shall cover a period that begins on the day the candidate’s campaign treasurer appointment was filed, if this is the candidate’s first report filed, or on the first day after the period covered by the last report required by this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter.  The period covered by the report ends on the 10th day before the election.

 

(f) If a person becomes an opposed candidate after the 10th day before the election, the person is not required to file pre-election reports.  The person is required to file any special pre-election reports required by § 20.221 of this title (relating to Special Pre-Election Report by Certain Candidates).

 

§ 20.215. Runoff Report

 

(a) A candidate in a runoff election shall file a runoff report, except as provided by subsection (b) of this section.

 

(b) A candidate who has declared an intention to file reports in accordance with § 20.217 of this title (relating to Modified Reporting) and who remains eligible to file under the modified schedule is not required to file a runoff report.

 

(c) A runoff report must be received by the authority with whom the report is required to be filed no later than the eighth day before the runoff election.

 

(d) A runoff report covers the period that begins on the ninth day before the date of the main election and ends on the 10th day before the runoff.

 

§ 20.217. Modified Reporting

 

(a) An opposed candidate who does not intend to accept more than $500 in political contributions or make more than $500 in political expenditures (excluding filing fees) in connection with any election in an election cycle may choose to file under the modified schedule.

 

(b) Under the modified schedule, an opposed candidate is not required to file pre-election reports or a runoff report.

 

(c) To select modified filing, a candidate must file a declaration of intent not to accept more than $500 in political contributions or make more than $500 in political expenditures (excluding filing fees) in connection with the election.  The declaration must include a statement that the candidate understands that if either one of those limits is exceeded, the candidate will be required to file pre-election reports and, if necessary, a runoff report.

 

(d) A declaration under subsection (c) of this section is filed with the candidate’s campaign treasurer appointment.

 

(e) To file under the modified schedule, a candidate must file the declaration required under subsection (c) of this section no later than the 30th day before the first election to which the declaration applies.  A declaration filed under subsection (c) of this section is valid for one election cycle only.

 

(f) If an opposed candidate exceeds either of the $500 limits, the candidate must file reports under § 20.213 of this title (relating to Pre-election Reports) and § 20.215 of this title (relating to Runoff Report).

 

(g) If an opposed candidate exceeds either of the $500 limits after the 30th day before the election, the candidate must file a report not later than 48 hours after exceeding the limit.  If this is the candidate’s first report filed, the report covers a period that begins on the day the candidate’s campaign treasurer appointment was filed.  Otherwise the period begins on the first day after the period covered by the last report required by this subchapter (other than a special pre-election report or a special session report) or Subchapter D of this chapter (relating to Reporting Requirements for an Officeholder Who Does Not Have a Campaign Treasurer Appointment on File).  The period covered by the report continues through the day the candidate exceeded one of the limits for modified reporting.

 

§ 20.219. Content of Candidate’s Sworn Report of Contributions and Expenditures (No change)

 

§ 20.221. Special Pre-Election Report by Certain Candidates

 

(a) As provided by subsection (b) of this section, certain candidates must file reports about certain contributions accepted during the period that begins on the ninth day before an election and ends at noon on the day before an election.  Reports under this section are known as “special pre-election” reports.

 

(b) An opposed candidate for an office specified by § 252.005(1), Election Code, who, during the period described in subsection (a) of this section, accepts one or more political contributions from a person that in the aggregate exceed $1,000 must file special pre-election reports.

 

(c) Except as provided in subsection (e) of this section, a candidate must file a special pre-election report so that the report is received by the commission no later than the first business day after the candidate accepts a contribution from a person that triggers the requirement to file the special pre-election report.

 

(d) If, during the reporting period for special pre-election contributions, a candidate receives additional contributions from a person whose previous contribution or contributions have triggered the requirement to file a special pre-election report during that period, the candidate must file an additional special pre-election report for each such contribution.  Except as provided in subsection (e) of this section, each such special pre-election report must be filed so that it is received by the commission no later than the first business day after the candidate accepts the contribution.

 

(e) A candidate must file a special pre-election report that is exempt from electronic filing under § 254.036(c), Election Code, so that the report is received by the commission no later than 5 p.m. of the first business day after the candidate accepts a contribution from a person that triggers the requirement to file the special pre-election report.

 

(f) A candidate must file a special pre-election report for each person whose contribution or contributions made during the period for special pre-election reports exceed the threshold for special pre-election reports.

 

(g) A candidate must also report contributions reported on a special pre-election report on the next semiannual, pre-election, or runoff report filed, as applicable.

 

§ 20.223. Form and Contents of Special Pre-Election Report

 

(a) A special pre-election report shall be filed electronically as required by § 254.036, Election Code, unless the report is exempt from electronic filing.  A special pre-election report that is exempt from electronic filing under § 254.036(c), Election Code, is not required to be on a form prescribed by the commission.

 

(b) A special pre-election report shall include the following information:

 

(1) the name of the candidate;

 

(2) the office sought by the candidate;

 

(3) the name of the person making a contribution or contributions that triggered the requirement to file a special pre-election report;

 

(4) the address of the person making the contribution or contributions;

 

(5) the amount of each contribution;

 

(6) the date each contribution was accepted; and

 

(7) a description of any in-kind contribution.

 

§ 20.225. Special Session Reports (No change)

 

§ 20.227. Contents of Special Session Report (No change)

 

§ 20.229. Final Report (No change)

 

§ 20.231. Contents of Final Report (No change)

 

§ 20.233. Annual Report of Unexpended Contributions (No change)

 

§ 20.235. Contents of Annual Report (No change)

 

§ 20.237. Final Disposition of Unexpended Contributions (No change)

 

§ 20.239. Report of Final Disposition of Unexpended Contributions (No change)

 

§ 20.241. Contents of Report of Final Disposition of Unexpended Contributions (No change)

 

§ 20.243. Contribution of Unexpended Political Contributions to Candidate or Political Committee (No change)

 

Subchapter D. REPORTING REQUIREMENTS FOR AN OFFICEHOLDER WHO

DOES NOT HAVE A CAMPAIGN TREASURER APPOINTMENT ON FILE

 

(No changes in this subchapter)

 

Subchapter E. REPORTS BY A SPECIFIC-PURPOSE COMMITTEE

 

§ 20.301. Thresholds for Campaign Treasurer Appointment (No change)

 

§ 20.303. Appointment of Campaign Treasurer (No change)

 

§ 20.305. Appointing an Assistant Campaign Treasurer

 

(a) A specific-purpose committee for supporting or opposing a candidate for an office specified by § 252.005(1), Election Code or a statewide or district measure may appoint an assistant campaign treasurer by written appointment filed with the commission.

 

(b) A statewide measure is a measure to be voted on by all eligible voters in the state.

 

(c) A district measure is a measure to be voted on by the voters of a district.

 

(d) The assistant campaign treasurer has the same authority as the campaign treasurer. However, if the campaign treasurer appointment is terminated the assistant campaign treasurer no longer has authority to act as the campaign treasurer.

 

(e) The campaign treasurer, not the assistant campaign treasurer, is liable for any penalties assessed by the commission for late reports or incomplete reports or for failure to file a report.

 

(f) Section 20.315 of this title (relating to Termination of Campaign Treasurer Appointment) and § 20.317 of this title (relating to Termination Report) apply to the appointment and removal of an assistant campaign treasurer.

 

§ 20.307. Name of Specific-Purpose Committee 

 

The name of a specific-purpose committee that supports a candidate for or an officeholder of an office specified by Section 252.005(1), Election Code must include the full name of that candidate or officeholder.

 

§ 20.309. Contents of Specific-Purpose Committee Campaign Treasurer Appointment (No change)

 

§ 20.311. Updating Certain Information on the Campaign Treasurer Appointment (No change)

 

§ 20.313. Converting to a General-Purpose Committee (No change)

 

§ 20.315. Termination of Campaign Treasurer Appointment (No change)

 

§ 20.317. Termination Report

 

(a) If the campaign treasurer appointment of a specific-purpose committee is terminated, the campaign treasurer whose appointment was terminated shall file a termination report that contains the information listed in § 20.331 of this title (relating to Contents of Specific-Purpose Committee Sworn Report of Contributions and Expenditures).

 

(b) A termination report is not required if the termination occurs on the last day of a reporting period under this subchapter and the campaign treasurer files a report for that period as provided by this subchapter.

 

(c) A termination report covers a period that begins on the day after the period covered by the last report of contributions and expenditures required to be filed under this subchapter (other than a special pre-election report or a special session report) or the day the campaign treasurer appointment was filed (if the committee has not yet filed a report of contributions and expenditures).  The period covered by the report ends on the day the termination of the campaign treasurer appointment is effective.

 

(d) The report shall be filed not later than the 10th day after the date the termination of the campaign treasurer appointment is effective.

 

(e) Activity reported in a termination report is not required to be included in any subsequent report of the specific-purpose committee that is filed under this subchapter.

 

§ 20.319. Notice to Candidate or Officeholder (No change)

 

§ 20.321. Involvement in More Than One Election by Certain Specific-Purpose Committees (No change)

 

§ 20.323. Semiannual Reports

 

(a) The campaign treasurer of a specific-purpose committee shall file semiannual reports as provided by this section.

 

(b) One semiannual report is due no earlier than July 1 and no later than July 15.

 

(1) The period covered by a report under this subsection begins on the later of the following dates, as applicable:

    (A) January 1;

    (B) the day the committee’s campaign treasurer appointment was filed, if this is the committee’s first report filed under this subchapter (other than a special pre-election  report or a special session report); or

    (C) the first day after the period covered by the last report required by this subchapter (other than a special pre-election  report or a special session report).

(2) The period covered by a report under this subsection ends on June 30.

 

(c) One semiannual report is due no earlier than January 1 and no later than January 15.

 

(1) The period covered by a report under this subsection begins on the later of the following dates, as applicable:

(A) July 1;

(B) the day the committee’s campaign treasurer appointment was filed, if this is the committee’s first report filed under this subchapter (other than a special pre-election report or a special session report); or

(C) the first day after the period covered by the last report required by this subchapter (other than a special pre-election report or a special session report).

(2) The period covered by a report under this subsection ends on December 31.

 

§ 20.325. Pre-Election Reports

 

(a) The campaign treasurer of a specific-purpose committee that supports or opposes a candidate or a measure in an election shall file pre-election reports as provided by subsections (d) and (e) of this section.

 

(b) For purposes of this section, supporting or opposing a candidate or a measure in an election means accepting political contributions or making political expenditures to support or oppose the candidate or measure.

 

(c) The campaign treasurer of a specific-purpose committee that has declared an intention to file under the modified schedule in accordance with § 20.329 of this title (relating to Modified Reporting) and that remains eligible to file under the modified schedule is not required to file pre-election reports.

 

(d) A specific-purpose committee that supports or opposes a candidate or measure in an election during the reporting period set out in the next sentence of this subsection must file a report under this subsection.  The report required by this subsection covers a period that begins on either the day the committee’s campaign treasurer appointment was filed or the first day after the period covered by the last report (other than a special pre-election report or special session report) filed under this subchapter, as applicable, and ends on the 40th day before the election.  The report due under this subsection must be received by the authority with whom the report is required to be filed no later than the 30th day before the election.

 

(e) A specific-purpose committee that was required to file a pre-election report under subsection (d) of this section must file a report under this subsection by the eighth day before the election.  The report shall cover a period that begins on the 39th day before the election and ends on the 10th day before the election.  The report must be received by the authority with whom the report is required to be filed no later than the eighth day before the election.

 

(f) A committee that was not required to file a report under subsection (d) of this section is required to file a report by the eighth day before the election if the committee supports or opposes a candidate or measure during the period that begins on the 39th day before the election and ends on the 10th day before the election.  A report required under this subsection shall cover a period that begins on either the day the committee’s campaign treasurer appointment was filed or the first day after the period covered by the last report (other than a special pre-election report or special session report) filed under this subchapter, as applicable, and ends on the 10th day before the election.

 

§ 20.327. Runoff Report

 

(a) A specific-purpose committee that supports or opposes a candidate or measure in an election and in an ensuing runoff election shall file a runoff report, except as provided by subsection (b) of this section.

 

(b) A specific-purpose committee that has declared an intention to file under the modified schedule in accordance with § 20.329 of this title (relating to Modified Reporting) and that remains eligible to file under the modified schedule is not required to file a runoff report.

 

(c) A runoff report must be received by the authority with whom the report is required to be filed no later than the eighth day before the runoff election.

 

(d) A runoff report covers the period that begins on the ninth day before the date of the main election and ends on the 10th day before the runoff.

 

(e) For purposes of this section, supporting or opposing a candidate or a measure in an election means accepting political contributions or making political expenditures to support or oppose the candidate or measure.

 

§ 20.329. Modified Reporting

 

(a) A specific-purpose committee that would otherwise be required to file pre-election reports and a runoff report, if necessary, may choose to file under the modified schedule if the committee does not intend to accept more than $500 in political contributions or make more than $500 in political expenditures (excluding filing fees) in connection with any election in an election cycle.

 

(b) Under the modified schedule, the campaign treasurer of a specific-purpose committee is not required to file pre-election reports or a runoff report.

 

(c) To select modified filing, a specific-purpose committee must file a declaration of the committee’s intent not to accept more than $500 in political contributions or make more than $500 in political expenditures (excluding filing fees) in connection with the election.  The declaration must include a statement that the committee understands that if either one of those limits is exceeded, the committee’s campaign treasurer will be required to file pre-election reports and, if necessary, a runoff report.

 

(d) A declaration under subsection (c) of this section is filed with the committee’s campaign treasurer appointment.

 

(e) To file under the modified schedule, a specific-purpose committee must file the declaration required under subsection (c) of this section no later than the 30th day before the first election to which the declaration applies. A declaration filed under subsection (c) of this section is valid for one election cycle only.

 

(f) Except as provided by subsection (g) of this section, a specific-purpose committee’s campaign treasurer must file pre-election reports and, if necessary, a runoff report under the schedule set out in § 20.325 of this title (relating to Pre-election Reports) and § 20.327 of this title (relating to Runoff Report) if the committee exceeds either of the $500 limits for modified reporting.

 

(g) If a specific-purpose committee exceeds either of the $500 limits for modified reporting after the 30th day before the election, the committee’s campaign treasurer must file a report not later than 48 hours after exceeding the limit.

 

(1) The period covered by a 48-hour report shall begin either on the day the committee’s campaign treasurer appointment was filed (if it is the committee’s first report of contributions and expenditures) or on the first day after the period covered by the last report (other than a special pre-election report or special session report) filed under this subchapter, as applicable.

 

(2) The period covered by a 48-hour report shall continue through the day the committee exceeded one of the limits for modified reporting.

 

(h) A specific-purpose committee that exceeds either of the $500 limits for modified reporting after the 30th day before the election and on or before the 10th day before the election must file a report under § 20.325(f) of this title (relating to Pre-Election Reports), in addition to any required special pre-election reports.

 

§ 20.331. Contents of Specific-Purpose Committee Sworn Report of Contributions and Expenditures (No change)

 

§ 20.333. Special Pre-Election Report by Certain Specific-Purpose Committees

 

(a) As provided by subsection (b) of this section, certain specific-purpose committees must file reports about certain contributions accepted during the period that begins on the ninth day before an election and ends at noon on the day before an election.  Reports under this section are known as “special pre-election” reports.

 

(b) A campaign treasurer for a specific-purpose committee for supporting or opposing a candidate for an office specified by § 252.005(1), Election Code, that, during the period described in subsection (a) of this section, accepts one or more political contributions from a person that in the aggregate exceed $1,000 must file special pre-election reports.

 

(c) Except as provided in subsection (e) of this section, the campaign treasurer of a specific-purpose committee must file a report so that the report is received by the commission no later than the first business day after the committee accepts a contribution from a person that triggers the requirement to file the special pre-election report.

 

(d) If, during the reporting period for special pre-election contributions, a committee receives additional contributions from a person whose previous contribution or contributions have triggered the requirement to file a special pre-election report during the period, the campaign treasurer for the committee must file an additional special pre-election report for each such contribution.  Except as provided in subsection (e) of this section, each such special pre-election report must be filed so that it is received by the commission no later than the first business day after the committee accepts the contribution.

 

(e) The campaign treasurer of a specific-purpose committee must file a special pre-election report for each person whose contribution or contributions made during the period for special pre-election reports exceed the threshold for special pre-election reports.

 

(f) A campaign treasurer of a specific-purpose committee must also report contributions reported on a special pre-election report on the next semiannual, pre-election, or runoff report filed, as applicable.

 

§ 20.335. Form and Contents of Special Pre-Election Report by a Specific-Purpose Committee Supporting or Opposing Certain Candidates

 

(a) A special pre-election report shall be filed electronically as required by § 254.036, Election Code, unless a report is exempt from electronic filing.  A special pre-election report that is exempt from electronic filing under § 254.036(c), Election Code, is not required to be on a form prescribed by the commission.

 

(b) A special pre-election report shall include the following information:

 

(1) the full name of the specific-purpose committee;

 

(2) the full name of the campaign treasurer;

 

(3) the name of the person making a contribution or contributions that triggered the requirement to file a special pre-election report;

 

(4) the address of the person making the contribution or contributions;

 

(5) the amount of each contribution;

 

(6) the date each contribution was accepted; and

 

(7) a description of any in-kind contribution.

 

§ 20.337. Special Session Reports by Specific-Purpose Committees (No change)

 

§ 20.339. Contents of the Special Session Report (No change)

 

§ 20.341. Dissolution Report (No change)

 

§ 20.343. Contents of Dissolution Report (No change)

 

Subchapter F: REPORTING REQUIREMENT FOR A GENERAL-PURPOSE COMMITTEE

 

§ 20.401. Thresholds for Appointment of Campaign Treasurer by a General-Purpose Committee (No change)

§ 20.403. Reporting Requirements for Certain General-Purpose Committees (No change)

§ 20.405. Campaign Treasurer Appointment for a General-Purpose Political Committee (No change)

 

§ 20.407. Appointing an Assistant Campaign Treasurer (No change)

 

§ 20.409. Name of General-Purpose Committee (No change)

 

§ 20.411. Contents of General-Purpose Committee Campaign Treasurer Appointment (No change)

 

§ 20.413. Updating Information on the Campaign Treasurer Appointment (No change)

 

§ 20.415. Termination of Campaign Treasurer Appointment (No change)

 

§ 20.417. Termination Report

 

(a) If the campaign treasurer appointment of a general-purpose committee is terminated, the campaign treasurer whose appointment was terminated shall file a termination report that contains the information listed in § 20.433 of this title (relating to Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures) except as provided by § 20.434 of this title (relating to Alternate Reporting Requirements for Certain General-Purpose Committees).

 

(b) A termination report is not required if the termination occurs on the last day of a reporting period under this subchapter and the campaign treasurer files a report for that period as provided by this subchapter.

 

(c) A termination report covers a period that begins on either the day after the period covered by the last report of contributions and expenditures required to be filed under this subchapter (other than a special pre-election report) or the day the campaign treasurer appointment was filed (if the committee has not yet filed a report of contributions and expenditures).  The period covered by the report continues through the day the termination of the campaign treasurer appointment is effective.

 

(d) The report shall be filed not later than the 10th day after the date the termination of the campaign treasurer appointment is effective.

 

(e) Activity reported in a termination report is not required to be included in any subsequent report of the general-purpose committee that is filed under this subchapter.

 

§ 20.419. Converting to a Specific-Purpose Committee (No change)

 

§ 20.421. Notice to Candidate or Officeholder (No change)

 

§ 20.423. Semiannual Reports

 

(a) Except as provided by subsection (d) of this section, the campaign treasurer of a general-purpose committee shall file semiannual reports as provided by this section.

 

(b) One semiannual report is due no earlier than July 1 and no later than July 15.

 

(1) The report due by July 15 shall cover a period that begins on either January 1, the day the committee’s campaign treasurer appointment was filed, or the first day after the period covered by the last report required to be filed under this subchapter (other than a special pre-election report), as applicable.

 

(2) The period covered by the report due on July 15 ends on June 30.

 

(c) One semiannual report is due no earlier than January 1 and no later than January 15.

 

(1) The report due on January 15 shall cover a period that begins on either July 1, the day the committee’s campaign treasurer appointment was filed, or the first day after the period covered by the last report required to be filed under this subchapter (other than a special pre-election report), as applicable.

 

(2) The period covered by the report due on January 15 ends on December 31.

 

(d) A general-purpose committee that files monthly reports under § 20.429 of this title (relating to Option To File Monthly) does not file under this section.

 

§ 20.425. Pre-Election Reports

 

(a) A general-purpose committee that accepts political contributions or makes political expenditures in support of or in opposition to a candidate or measure to be voted on in an election shall file pre-election reports as provided by subsections (c) and (d) of this section.

 

(b) A general-purpose committee that files under § 20.429 of this title (relating to Option To File Monthly) does not file under this section.

 

(c) The first pre-election report must be received by the authority with whom the report is required to be filed no later than the 30th day before the election.

 

(1) A general-purpose committee that accepts a political contribution or makes a political expenditure to support or oppose a candidate or measure in the election during the period set out in paragraph (2) of this subsection must file a report under this subsection.

 

(2) The report covers a period that begins on either the day the committee’s campaign treasurer appointment was filed or the first day after the period covered by the last report (other than a special pre-election report) filed under this subchapter, as applicable, and ends on the 40th day before the election.

 

(d) The second pre-election report must be received by the authority with whom the report is required to be filed no later than the eighth day before the election.  The period covered by this report depends on whether the committee was required to file a report under subsection (c) of this section.

 

(1) A general-purpose committee that was required to file a pre-election report under subsection (c) of this section must file a report under this subsection by the eighth day before the election.  The report shall cover a period that begins on the 39th day before the election and ends the 10th day before the election.

 

(2) A committee that was not required to file a report by the 30th day before the election is required to file a report by the eighth day before the election if the committee accepts a political contribution or makes a political expenditure to support or oppose a candidate or measure during the period that begins on the 39th day before the election and ends on the 10th day before the election.

 

(A) A report that is required to be filed under paragraph (2) of this subsection shall cover a period that begins on either the day the committee’s campaign treasurer appointment was filed or the first day after the period covered by the last report (other than a special pre-election report) filed under this subchapter, as applicable.

 

(B) The period covered by a report under paragraph (2) of this subsection ends on the 10th day before the election.

 

§ 20.427. Runoff Report

 

(a) A general-purpose committee that accepts political contributions or makes political expenditures to support or oppose a candidate or measure in an election and in an ensuing runoff election shall file a runoff report, except as provided by § 20.429 of this title (relating to Option To File Monthly). 

 

(b) A runoff report must be received by the authority with whom the report is required to be filed no later than the eighth day before the runoff election. 

 

(c) A runoff report covers the period that begins on the ninth day before the date of the main election and ends on the 10th day before the runoff.

 

§ 20.429. Option To File Monthly

 

(a) As an alternative to filing semiannual, pre-election, and runoff reports, a general-purpose committee may file monthly reports.

 

(b) A general-purpose committee that files on the monthly filing schedule must file special pre-election reports required by § 20.435 of this title (relating to Special Pre-Election Reports by Certain General-Purpose Committees).

 

(c) To be entitled to file monthly reports, the general-purpose committee must deliver written notice of its intent to file monthly to the commission.

 

(1) A general-purpose committee may file notice of its intent to file monthly at the time the committee files its campaign treasurer appointment.

 

(2) A general-purpose committee that does not file notice of its intent to file monthly at the time it files its campaign treasurer appointment may file the notice only during the period that begins on January 1 and ends on January 15.

 

(d) A general-purpose committee that files monthly reports may revert to the regular filing schedule prescribed by § 20.423 of this title (relating to Semiannual Reports), § 20.425 of this title (relating to Pre-Election Reports), and § 20.427 of this title (relating to Runoff Report) by delivering notice to the commission of the general-purpose committee’s intent to revert.

 

(1) The notice must be delivered in writing not earlier than January 1 or later than January 15 of the year for which the general-purpose committee intends to revert to the regular reporting schedule.

 

(2) The notice must include a report of all political contributions accepted and all political expenditures made that were not previously reported.

 

§ 20.431. Monthly Reporting

 

(a) A monthly report filed by a general-purpose committee shall include the information required by § 20.433 of this title (relating to Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures), except that the threshold reporting amount of $50 set out in § 20.433(11)-(16), and (20) of this title (relating to Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures) does not apply to a general-purpose committee reporting monthly. For a general-purpose committee reporting monthly, the threshold reporting amount under § 20.433(11)-(16) and (20) of this title is $10, except as provided by § 20.434 of this title (relating to Alternate Reporting Requirements for Certain General-Purpose Committees).

 

(b) A monthly report is due not later than the fifth day of the month following the end of the period covered by the report.  A monthly report covering the month preceding an election in which the committee is involved must be received by the authority with whom the report is required to be filed no later than the fifth day of the month following the end of the period covered by the report.

 

(c) Except for the first monthly report filed, a monthly report covers a period that begins on the 26th day of one month and ends on the 25th day of the next month.

 

(d) The beginning day for the first monthly report filed by a general-purpose committee shall be as follows.

 

(1) For a general-purpose committee that has been filing on the regular schedule and chooses monthly filing between January 1 and January 15 of a particular year, the first report will cover a period that begins on January 1 of that year.

 

(2) For a general-purpose committee that elected to file monthly at the time it filed its campaign treasurer appointment, the period covered by the first monthly report depends on the day of the month that the campaign treasurer was appointed.

 

(A) If the general-purpose committee filed its campaign treasurer appointment before the 25th of the month, the first report will cover a period that begins on the day the appointment was filed and ends on the 25th day of the same month.

 

(B) If the general-purpose committee filed its campaign treasurer appointment on or after the 25th of the month, the first report will cover the period that begins on the day the appointment is filed and ends on the 25th day of the next month.

 

§ 20.433. Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures (No change)

 

§ 20.434. Alternate Reporting Requirements for General-Purpose Committees (No change)

 

§ 20.437. Form and Contents of Special Pre-Election Report

 

(a) A special pre-election report shall be filed electronically as required by § 254.036, Election Code, unless a report is exempt from electronic filing.  A special pre-election report that is exempt from electronic filing under § 254.036(c), Election Code, is not required to be on a form prescribed by the commission.

 

(b) A report required by § 20.435 of this title (relating to Special Pre-Election Reports by Certain General-Purpose Committees) shall include the following information:

 

(1) the full name of the general-purpose committee;

 

(2) the full name of the campaign treasurer;

 

(3) the amount of each direct campaign expenditure;

 

(4) the full name and address of the person or persons to whom each direct campaign expenditure is made;

 

(5) the date of each direct campaign expenditure;

 

(6) a description of the goods or services for which each direct campaign expenditure was made;

 

(7) the identification of the candidates or group of candidates benefiting from the direct campaign expenditure;

 

(8) the name of the person making a contribution or contributions that triggered the requirement to file a special pre-election report;

 

(9) the address of the person making the contribution or contributions;

 

(10) the amount of each contribution;

 

(11) the date each contribution was accepted; and

 

(12) a description of any in-kind contribution.

 

§ 20.439. Dissolution Report (No change)

 

§ 20.441. Contents of Dissolution Report (No change)

 

Subchapter G: RULES APPLICABLE TO A PRINCIPAL POLITICAL COMMITTEE OF A POLITICAL PARTY

 

(No changes to this subchapter)

 

Subchapter H: RULES APPLICABLE TO A POLITICAL PARTY ACCEPTING CONTRIBUTIONS FROM CORPORATIONS OR LABOR ORGANIZATIONS

(No changes to this subchapter)

 

Subchapter I: RULES APPLICABLE TO A POLITICAL PARTY’S COUNTY EXECUTIVE COMMITTEE

 

(No changes to this subchapter)

 

Subchapter J: REPORTS BY A CANDIDATE FOR STATE OR COUNTY PARTY CHAIR

 

(No changes to this subchapter)

 

Subchapter K: REPORTS BY POLITICAL COMMITTEES SUPPORTING OR OPPOSING A CANDIDATE FOR STATE OR COUNTY CHAIR OF A POLITICAL PARTY

 

(No changes to this subchapter)

 

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