PROPOSED RULES

At its June 6, 2012, meeting, the Texas Ethics Commission voted to propose the following rules. The Ethics Commission invites public comment on the rules. A written statement should be 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 rules. 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.

Non-Complying Sworn Complaints
Text of Proposed Rule

Notices by Electronic Mail
Text of Proposed Rule

Courtesy Notices by Electronic Mail
Text of Proposed Rule


Chapter 12. SWORN COMPLAINTS

Non-Complying Sworn Complaints
Text of Proposed Rule

The proposed new language is indicated by underlined text.
Subsection (c) was added at the June 6, 2012, Commission meeting.

§ 12.51 Non-Complying Complaint

(a)A complaint does not comply with the requirements of section 571.122 of the Government Code if:

1) the complaint includes an allegation of conduct that the commission has previously determined is not a violation of a statute or rule within the commission's jurisdiction; and

2) before the complaint was filed the complainant was provided notice that such conduct is an invalid basis for an allegation.

(b) A complainant has been provided notice if, before a complaint is filed, the commission states the basis for rejecting an allegation in a written communication mailed to the complainant at the last address provided to the commission by the complainant, or in a written communication transmitted by electronic mail to the complainant at the last electronic mail address provided to the commission by the complainant.

(c) A complaint determined to be non-complying under subsection (a) of this section is presumed to be a frivolous or bad faith complaint.


Notices by Electronic Mail
Text of Proposed Rule

The proposed new language is indicated by underlined text.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES>

Subchapter A. GENERAL RULES

§ 20.16. Notices by Electronic Mail

(a) A person required to file reports electronically with the commission shall provide to the commission an electronic mail address to which notices regarding filing requirements under Title 15 of the Election Code may be sent.

(b) A person required to file reports with the commission and who qualifies for an exemption from electronic filing may provide to the commission an electronic mail address to which notices regarding filing requirements under Title 15 of the Election Code may be sent.

(c) If the commission is twice unable to notify a person of a deadline at an electronic mail address provided under subsection (a) or (b) of this section, the commission is not required to make any further attempts to notify the person of that deadline or any future deadlines until the person has notified the commission of the personís current electronic mail address.


Courtesy Notices by Electronic Mail
Text of Proposed Rule

The proposed new language is indicated by underlined text.

Chapter 34. REGULATION OF LOBBYISTS

Subchapter A. GENERAL PROVISIONS

§ 34.19. Courtesy Notices by Electronic Mail

(a) A person required to register as a lobbyist may provide to the commission an electronic mail address to which courtesy notices regarding filing requirements under Chapter 305 of the Government Code may be sent.

(b) The commission is not obligated to send notices regarding filing requirements to a person required to register as a lobbyist who does not provide to the commission an electronic mail address.

(c) Failure to receive a notice regarding filing requirements does not constitute an excuse for failing to comply with any filing deadline.

 
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