ADOPTED RULES

At its December 8, 2016, meeting, the Texas Ethics Commission voted to adopt new rule
§ 46.4 and amendments to rules §§ 20.50, 26.1, and 34.43:

§20.50. Total Political Contributions Maintained.
(effective January 1, 2017)
Text of Adopted Rule

§26.1. Disclosure Statement.
(effective January 1, 2017)
Text of Adopted Rule

§34.43. Compensation and Reimbursement Threshold.
(effective January 1, 2017)
Text of Adopted Rule

§46.4. Changes to Contracts.
(effective January 1, 2017)
Text of Adopted Rule


§20.50. Total Political Contributions Maintained.
(effective January 1, 2017)
Text of Adopted Rule

The adopted new language is indicated by underlined text.
The deleted language is indicated by [strikethrough] text.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter B. GENERAL REPORTING RULES

§ 20.50. Total Political Contributions Maintained.

(a) For purposes of Election Code §254.031(a)(8) and §254.0611(a)(1), the total amount of political contributions maintained in one or more accounts includes the following:

(1)The balance [Balance] on deposit in banks, savings and loan institutions, and other depository institutions; [and]

(2) The present value of any investments that can be readily converted to cash, such as certificates of deposit, money market accounts, stocks, bonds, treasury bills, etc.; and

(3) The balance of political contributions accepted and held in any online fundraising account over which the filer can exercise control by making a withdrawal, expenditure, or transfer.

(b) For purposes of Election Code §254.031(a)(8) and §254.0611(a)(1), the total amount of political contributions maintained includes personal funds that the filer intends to use for political expenditures only if the funds have been deposited in an account in which political contributions are held as permitted by Election Code §253.0351(c).

(c) For purposes of Election Code §254.031(a-1), the difference between the total amount of political contributions maintained that is disclosed in a report and the correct amount is a de minimis error if the difference does not exceed:

(1) $250; or

(2) the lesser of 10% of the amount disclosed or $2,500.


§26.1. Disclosure Statements.
(effective January 1, 2017)
Text of Adopted Rule

The adopted new language is indicated by underlined text.
The deleted language is indicated by [strikethrough] text.

Chapter 26. POLITICAL AND LEGISLATIVE ADVERTISING

§ 26.1. Disclosure Statement.

(a) A [The] disclosure statement that is required by §255.001, Election Code, must contain the words "political advertising" or any recognizable abbreviation, and must:

(1) appear on one line of text or on successive lines of text on the face of the political advertising; or

(2) be clearly spoken in the political advertising if the political advertising does not include written text.

(b) A disclosure statement is not required on political advertising printed on letterhead stationery if the letterhead contains the full name of one of the following:

(1) the person who paid for the political advertising;

(2) the political committee authorizing the political advertising; or

(3) the candidate authorizing the political advertising.

(c) A disclosure statement is not required on campaign buttons, pins, or hats, or on objects whose size makes printing the disclosure impractical.


§34.43. Compensation and Reimbursement Threshold.
(effective January 1, 2017)
Text of Adopted Rule

The adopted new language is indicated by underlined text.
The deleted text is indicated by [strikethrough] text.

Chapter 34. REGULATION OF LOBBYISTS

Subchapter B. REGISTRATION REQUIRED

§ 34.43. Compensation and Reimbursement Threshold.

(a) A person must register under Government Code, §305.003(a)(2), if the person receives, or is entitled to receive under an agreement under which the person is retained or employed, more than $1000 in a calendar quarter in compensation and reimbursement, not including reimbursement for the person's own travel, food, lodging, or membership dues, from one or more other persons to communicate directly with a member of the legislative or executive branch to influence legislation or administrative action

(b) For purposes of Government Code, §305.003(a)(2), and this chapter, a person is not required to register if the person spends not more than 40 hours for which the person is compensated or reimbursed [no more than 5.0% of the person's compensated time] during a calendar quarter [is time spent] engaging in lobby activity, including preparatory activity as described by §34.3 of this title.

(c) For purposes of Government Code, §305.003(a)(2), and this chapter, a person shall make a reasonable allocation of compensation between compensation for lobby activity and compensation for other activities.

§46.4. Changes to Contracts.
(effective January 1, 2017)
Text of Adopted Rule

The adopted new language is indicated by underlined text.

Chapter 46. DISCLOSURE OF INTERESTED PARTIES

§46.4. Changes to Contracts.

(a) Section 2252.908 of the Government Code does not apply to a change made to an existing contract, including an amendment, change order, or extension of a contract, except as provided by subsection (b) or (c) of this section.

(b) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if a disclosure of interested parties form was not filed for the existing contract; and either:

(1) the changed contract requires an action or vote by the governing body of the entity or agency; or

(2) the value of the changed contract is at least $1 million.

(c) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if the business entity submitted a disclosure of interested parties form to the governmental entity or state agency that is a party to the existing contract; and either:

(1) there is a change to the disclosure of interested parties; or

(2) the changed contract requires an action or vote by the governing body of the entity or agency; or

(3) the value of the changed contract is at least $1 million greater than the value of the existing contract.


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