PROPOSED RULES

At its February 13, 2014, meeting, the Texas Ethics Commission voted to post for public comment the following rules. The Ethics Commission invites public comment on the rules. A written statement should be emailed to public_comment@ethics.state.tx.us, or mailed or delivered to Natalia Luna Ashley, Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the commission concerning the proposed rules may do so at any commission meeting during the public comment period at a commission meeting when the commission considers the proposed rule. Information concerning the time and location of commission meetings is available at http://www.ethics.state.tx.us/tec/meetings.htm or by telephoning (512) 463-5800.

Reporting the Forgiveness of a Loan or Settlement of a Debt
Text of Proposed Rule

Presumption of Campaign Contribution
Text of Proposed Rule


Reporting the Forgiveness of a Loan or Settlement of a Debt
Text of Proposed Rule

The proposed new language is indicated by underlined text.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter B. GENERAL REPORTING RULES

§ 20.64. Reporting the Forgiveness of a Loan or Settlement of a Debt

(a) The forgiveness of a loan to a candidate, officeholder, or political committee is a reportable in-kind political contribution unless the loan does not constitute a contribution under § 251.001(2) of the Election Code, and the forgiveness of the loan was made in the due course of business.

(b) The settlement of a debt owed by a candidate, officeholder, or political committee is a reportable in-kind political contribution unless the creditor is a commercial vendor that has treated the settlement in a commercially reasonable manner that reflects the usual and normal practice of the industry, and is typical of the terms the commercial vendor offers to political and non-political persons alike.


Presumption of Campaign Contribution
Text of Proposed Rule

The proposed new language is indicated by underlined text.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter B. GENERAL REPORTING RULES

§ 20.68. Presumption of Campaign Contribution

(a) A contribution is presumed to be a campaign contribution if all or part of the contribution is used by the recipient to make a campaign expenditure or a political contribution.

(b) Subsection (a) does not apply to a transfer to a recipient of anything of value if the transfer is made in a bona fide exchange for consideration in the ordinary course of business, including:

(1) wages, salary or benefits associated with employment;

(2) payment for services rendered, or to be rendered;

(3) the sale, lease or rent of goods or other property; or

(4) a commercial transaction.


 
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