P.O. Box 12070, Austin, Texas 78711-2070

(512) 463-5800

Cullen R. Looney, Chair 

Raymond R. "Tripp" Davenport, III, Vice Chair

Ross Fischer

Tom Harrison

 Francisco Hernandez

Wales H. Madden, III

David Montagne

Nicholas C. Taylor


Date and Time:
9:00 a.m. on Friday, May 12, 2006
Texas Workforce Commission, 101 E. 15th Street, Conf. Room #244, Austin, Texas

For more information, contact David A. Reisman, Executive Director, at (512) 463-5800.

1. Call to order; roll call.

2. Comments by the commissioners.

3. Comments by the executive director.

4. Communication to the commission from the public.

5. Approve minutes of the March 24, 2006, meeting.

6. Presentation, discussion, and possible action regarding the Strategic Plan of the Texas Ethics Commission; William Calem, Director of Administration, Chief Fiscal Officer.

7. Discussion and possible action on the approval of a format for electronic filing, including signature requirements of Form CIQ, as proposed by the City of Austin, Texas.

8. Briefing, discussion, and possible action to waive or reduce certain penalties assessed for late filing of campaign finance reports, lobby reports, or personal financial statements.

9. Briefing, discussion, and possible action to waive or reduce late-filing penalties in connection with certain corrected reports or to determine whether certain corrected reports as originally filed substantially complied with the applicable law.

Discussion and possible action in response to the following Advisory Opinion Request:

The draft of the following proposed opinion is prepared by Ethics Commission staff and is available for review at the commission’s office.  Please note that a staff-proposed draft of an opinion may be revised without notice and at any time before the opinion is adopted by the commission.

10. AOR-533:  The Texas Ethics Commission has been asked to consider whether a former assistant general counsel for a state agency may represent a person in a case that was opened while the former assistant general counsel was an employee of the agency.

This opinion construes section 572.054(b) of the Government Code.

11. Public discussion and possible action on the proposal and publication in the Texas Register of amendments to Ethics Commission Rule §20.1 (Definitions), regarding amendments to the definition of political advertising and the definition of campaign communication, and the repeal of definitions that are duplicative of the statutory definitions.

12. Public discussion and possible action on rulemaking regarding the description of a gift reportable under section 572.023(b)(7) of the Government Code in light of the following: (1) section 6.5 of the Texas Ethics Commission Rules, which prohibits the adoption of a rule that in the opinion of the commission directly addresses the subject matter of pending litigation known to the commission, (2) pending litigation known to the commission, and (3) H.B. 93 and S.B. 20 filed by Representative Naishtat and by Senator Barrientos respectively, in the 3rd Called Special Session of the 79th Legislature. Both bills address the description of a gift reportable under section 572.023(b)(7) of the Government Code.

13. Executive session pursuant to Section 551.071, Government Code, Consultation With Attorney; Closed Meeting.  Discussion of pending litigation.

14. Reconvene in open session.  Possible action regarding pending litigation.

15. Adjourn.

CERTIFICATION: I certify that I have reviewed this document and that it conforms to all applicable Texas Register filing requirements.

Certifying Official:  David A. Reisman, Executive Director

Agency Liaison:  Natalia Luna Ashley, General Counsel

NOTICE:  Under the Americans with Disabilities Act, an individual with a disability must have an equal opportunity for effective communication and participation in public meetings.  Upon request, the Texas Ethics Commission will provide auxiliary aids and services, such as interpreters for the deaf and hearing impaired, readers, and large print or Braille documents. In determining the type of auxiliary aid or service, the commission will give primary consideration to the individual's request.  Those requesting auxiliary aids or services should notify Margie Castellanos at (512) 463-5800, (800) 325-8506, or RELAY Texas (800) 735-2989 two days before this meeting so that appropriate arrangements can be made.  Please also contact Ms. Castellanos if you need assistance in having English translated into Spanish.