Chapter 18.
GENERAL RULES CONCERNING REPORTS
§18.3. Provision of Forms by Local Filing Authority
§18.5. Specification of Office
§18.7. Timely Reports and Complete Reports
§18.9. Corrected/Amended Reports
§18.10. Guidelines for Substantial Compliance for a Corrected/Amended 8-day Pre-election Report
§18.13. Fine for a Late Report
§18.19. Affidavit of Timely Filing
§18.21. Jurisdiction to Consider Waiver Request
§18.23. Administrative Waiver of Fine
§18.24. General Guidelines for Other Administrative Waiver or Reduction of Fine
§18.25. Administrative Waiver or Reduction of Fine: Report Type I
§18.26. Administrative Waiver or Reduction of Fine: Report Type II
§18.31. Adjustments to Reporting Thresholds
(a) The executive director shall prescribe forms for statements and reports required to be filed with the commission.
(b) The executive director may issue a certificate approving a form submitted to the commission for approval if the form:
(1) provides for the reporting of all information required on the prescribed form;
(2) is substantially similar in paper size and format to the prescribed form; and
(3) will not be confusing to those who use the form.
(c) A filer whose form has been approved by the executive director under Subsection (b) must submit a new form for approval if information required to be reported has changed since the original form was approved.
(d) A filer who files a report using computer software provided by the commission or using computer software that meets commission specifications for a standard file format must enter data for the report in accordance with the instructions provided for the software.
(e) A filer who files a report using computer software provided by the commission must use the most current version of the software.
§18.3. Provision of Forms by Local Filing Authority
A local filing authority shall make the appropriate form available for use by persons required to file a report with that filing authority.
§18.5. Specification of Office
When a filer is required to identify the office sought by a candidate or held by an officeholder, the filer shall list the title of the public office, including the district and, if the office is an office of a political subdivision, the name of the political subdivision.
§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 Central Time Zone 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.
(d) A report filed electronically is not late if:
(1) the commission’s office is closed on the deadline and the report is filed by midnight, Central Time Zone, on the next regular business day, excluding a legal holiday, when the commission’s office is open; or
(2) the commission cannot accept reports on the deadline because the agency filing system is not accessible or the agency network is inoperable, and the report is filed by midnight, Central Time Zone, on the next regular business day, excluding a legal holiday, that the commission is able to accept reports.
§18.9. Corrected/Amended Reports
(a) A filer may correct/amend a report filed with the commission or a local filing authority at any time.
(b) A corrected/amended report must clearly identify how the corrected/amended report is different from the report being corrected/amended .
(c) A filer who files a corrected/amended report must submit an affidavit identifying the information that was corrected/amended .
(d) A corrected/amended report filed with the commission after the original report is due is subject to a late fine as provided by §18.13 of this title (relating to Fine for a Late Report).
(e) Subsection (d) does not apply to:
(1) a lobby registration or report, other than an activities report, that is corrected/amended not later than the 14th business day after the date the filer became aware of the errors or omissions in the original registration or report;
(2) a semiannual report that is corrected/amended before the eighth day after the original report was filed;
(3) a semiannual report that is corrected/amended on or after the eighth day after the original report was filed if:
(A) the correction/amendment is made before a sworn complaint is filed with regard to the subject of the correction/amendment; and
(B) the original report was made in good faith and without an intent to mislead or misrepresent the information contained in the report;
(4) an 8-day pre-election report that is corrected/amended in accordance with §18.10 of this title (relating to Guidelines for Substantial Compliance for a Corrected/Amended 8-day Pre-election Report);
(5) a report other than an 8-day pre-election report that is corrected/amended not later than the 14th business day after the date the filer learns the report as originally filed is inaccurate or incomplete if:
(A) the errors or omissions were made in good faith; and
(B) the filer files an affidavit stating that the errors or omissions in the original report were made in good faith.
(f) In this section, “8-day pre-election report” has the same meaning assigned by §18.10(c) of this title.
(g) Except as provided by subsections (b) and (c), this section does not apply to a civil penalty assessed through the sworn complaint or facial compliance review process.
§18.10. Guidelines for Substantial Compliance for a Corrected/Amended 8-day Pre-election Report
(a) A corrected/amended 8-day pre-election report substantially complies with the applicable law and will not be assessed a late fine under §18.9 of this title (relating to Corrected/Amended Reports) if:
(1) The original report was filed in good faith and the corrected/amended report was filed not later than the 14th business day after the date the filer learned of the errors or omissions; and
(2) The only corrections/amendments needed were to correct the following types of errors or omissions:
(A) a technical, clerical, or de minimis error, including a typographical error, that is not misleading and does not substantially affect disclosure;
(B) an error in or omission of information that is solely required for the commission’s administrative purposes, including a report type or filer identification number;
(C) an error that is minor in context and that, upon correction/amendment, does not result in changed monetary amounts or activity disclosed, including a descriptive change or a change to the period covered by the report;
(D) one or more errors in disclosing contributions that, in total:
(i) do not exceed $2,000; or
(ii) do not exceed the lesser of 10% of the total contributions on the corrected/amended report or $10,000;
(E) one or more errors in disclosing expenditures that, in total:
(i) do not exceed $2,000; or
(ii) do not exceed the lesser of 10% of the total expenditures on the corrected/amended report or $10,000;
(F) one or more errors in disclosing loans that, in total:
(i) do not exceed $2,000; or
(ii) do not exceed the lesser of 10% of the amount originally disclosed or $10,000; or
(G) an error in the amount of total contributions maintained that:
(i) does not exceed $250; or
(ii) does not exceed the lesser of 10% of the amount originally disclosed or $2,500.
(b) The executive director shall determine whether an 8-day pre-election report as originally filed substantially complies with applicable law by applying the criteria provided in this section.
(c) In this section, “8-day pre-election report” means a report due eight days before an election filed in accordance with the requirements of §20.213(d), 20.325(e), or 20.425(d) of this title (relating to a candidate, a specific-purpose committee, or a general-purpose committee, respectively) and §254.064(c), 254.124(c), or 254.154(c) of the Election Code (relating to a candidate, a specific-purpose committee, or a general-purpose committee, respectively).
§18.11. Guidelines for Waiver or Reduction of a Late Fine for a Corrected/Amended 8-day Pre-election Report
(a) A filer who has filed a corrected/amended 8-day pre-election report may request the executive director to waive or reduce a late fine assessed under §18.9 of this title (relating to Corrected/Amended Reports) by submitting an affidavit to the executive director. The executive director shall waive a late fine if the report meets the criteria in subsection (b) of this section and shall reduce a late fine if the report meets the criteria in subsection (c) of this section.
(b) A late fine for a correction/amendment to an 8-day pre-election report shall be waived if:
(1) The corrected report was filed not later than the fourth day after the original report due date;
(2) The only correction/amendment by a candidate or officeholder was to add to or delete from the outstanding loans total an amount of loans made from personal funds;
(3) The only correction/amendment by a political committee was to add the name of each candidate supported or opposed by the committee, when each name was originally disclosed on the appropriate schedule for disclosing political expenditures; or
(4) The only correction/amendment was to disclose the actual amount of a contribution or expenditure, when:
(A) the amount originally disclosed was an overestimation;
(B) the difference between the originally disclosed amount and the actual amount did not vary by more than 10%; and
(C) the original report clearly included an explanation of the estimated amount disclosed and the filer’s intention to file a correction/amendment as soon as the actual amount was known.
(c) A late fine for a correction/amendment to an 8-day pre-election report that does not meet the criteria for a waiver under subsection (b) of this section shall be reduced as follows:
(1) If the corrected/amended report was filed more than four days after the original report due date but was filed before the election day, the late fine is reduced to $500;
(2) If the corrected/amended report was filed after the election and the amount of the incorrectly reported or unreported activity was more than 10% of the total amount disclosed on the corrected/amended report but did not exceed the lesser of 25% of the total amount of activity, or $5,000, the late fine is reduced to $1,000; or
(3) If the amount of the incorrectly reported or unreported activity was more than 40% of the total amount disclosed in the corrected/amended report and the corrected/amended report was filed over a year after the election, the late fine is reduced to 10% of the amount at issue.
(d) A late fine that is reduced under this section will revert to the full amount originally assessed if the reduced fine is not paid on or before the 30th calendar day after the date of the notice informing the filer of the reduction.
(e) A filer may appeal a determination made under this section by submitting a request in writing to the commission.
(1) The request for appeal should state the filer’s reasons for requesting an appeal, provide any additional information needed to support the request, and state whether the filer would like the opportunity to appear before the commission and offer testimony regarding the appeal.
(2) After hearing a request for appeal, the commission may affirm the determination made under this section or make a new determination based on facts presented in the appeal.
(f) This section does not apply to a civil penalty assessed through the sworn complaint process or facial compliance review process.
§18.13. Fine for a Late Report
(a) Except as provided by subsection (b) or (c) of this section, the fine is $500 for:
(1) a late report required to be filed with the commission under Election Code chapter 254 or 257, Government Code chapter 302, Government Code chapter 305, or Government Code chapter 572; or
(2) a late report filed with the commission under Local Government Code chapter 159, subchapter C.
(b) The fine for a report due eight days before an election is $500 for the first day the report is late and $100 for each day thereafter that the report is late, up to a maximum fine of $10,000.
(c) The fine for the first semiannual report under Section 254.063, 254.123, or 254.153, Election Code, that is required to be filed by a candidate or political committee following the primary or general election is $500 for the first day the report is late and $100 for each day thereafter that the report is late, up to a maximum fine of $10,000.
(d) A fine assessed under this chapter is in addition to any other sanction assessed under other law.
In addition to any other fine assessed under this chapter, the commission may vote to impose a fine against a filer whose report is more than 30 days late or who has not paid an assessed fine within 10 days after receiving the commission notice of lateness, subject to the statutory limit.
The payment of a civil or criminal fine for failure to file a report, or for filing a report late, does not satisfy a filer's obligation to file the report. Late fines continue to accrue until the report is filed.
§18.19. Affidavit of Timely Filing
A filer who has been notified by the commission that a report is late but who filed the report on or before the deadline may submit an affidavit to the executive director swearing that the report was timely filed.
§18.21. Jurisdiction to Consider Waiver Request
(a) A filer must file a complete report before the executive director or commission will consider a request to waive or reduce a fine assessed for failure to file a timely report.
(b) A request to waive or reduce a fine assessed for failure to file a timely report or for filing a correction to a report will not be considered after an action to collect the fine is filed in court.
§18.23. Administrative Waiver of Fine
(a) A filer may request the executive director to waive a late fine by submitting an affidavit to the executive director that states facts that establish that:
(1) the report was filed late because of an unforeseen serious medical emergency or condition or a death that involved the filer, a family member or relative of the filer, a member of the filer's household, or a person whose usual job duties include preparation of the report;
(2) the report was filed late as a result of verifiable severe weather at the filer’s location that prevented the filer from filing the report by the applicable deadline and the report was filed within a reasonable time after the deadline;
(3) the report was filed late because the filer was a first responder, as defined in § 6.1 of this title (relating to Definitions), deployed to an emergency situation at the time of the filing deadline or a member of the military deployed on active duty at the time of the filing deadline and the report was filed within a reasonable time after the deadline;
(4) the filer of the personal financial disclosure report is not an elected official, a candidate for election, or a salaried public servant, and the late report:
(A) was the first personal financial disclosure report filed late by the filer under Government Code chapter 572; and
(B) was filed no later than 30 days after the individual was notified that the report appeared to be late;
(5) the filer of the personal financial disclosure report was an unopposed candidate in a primary election, and the late report:
(A) was the first personal financial disclosure report filed late by the filer under Government Code chapter 572; and
(B) was filed before the primary election.
(6) the filer of the campaign finance report:
(A) had filed all previous reports by the applicable deadline;
(B) had no contributions, expenditures, or loans to report; and
(C) filed the report no later than 30 days after the filer was notified that the report appeared to be late;
(7) the filer reasonably relied on incorrect information given to the filer by the agency; or
(8) other administrative error by the agency.
(b) If, in the executive director's discretion, the affidavit establishes grounds for a waiver under this section, the executive director shall waive the fine.
§18.24. General Guidelines for Other Administrative Waiver or Reduction of Fine
(a) A filer who does not qualify for a waiver under §18.23 of this title (relating to Administrative Waiver of Fine) may request the executive director to waive a late fine by submitting an affidavit to the executive director. The executive director may waive or reduce the late fine if the filer meets the criteria and the late report meets the qualifications under the guidelines set out in §18.25 of this title (relating to Administrative Waiver or Reduction of Fine: Report Type I) and §18.26 of this title (relating to Administrative Waiver or Reduction of Fine: Report Type II).
(b) For purposes of determining a waiver or reduction of a late fine under §18.25 and §18.26 of this title, a late report will be classified by report type, as follows:
(1) Any report that is not a critical report as defined under paragraph (2) of this subsection will be classified as Report Type I and considered under §18.25 of this title.
(2) A critical report will be classified as Report Type II and considered under §18.26 of this title. A “critical report” is:
(A) a campaign finance pre-election report due 30 days before an election;
(B) a campaign finance pre-election report due 8 days before an election;
(C) a runoff report;
(D) a daily special pre-election report required under §254.038 or §254.039, Election Code;
(E) a semiannual report subject to the higher statutory fine under §254.042, Election Code; or
(F) a personal financial statement required under §572.027, Government Code, if the filer is a candidate with an opponent on the ballot in a primary election.
(c) For purposes of determining a waiver or reduction of a late fine under §18.25 and §18.26 of this title, a filer requesting a waiver or reduction of a late fine will be categorized by filer type, as follows:
(1) Category A includes candidates for and officeholders of the following offices and specific-purpose committees supporting candidates for and officeholders of the following offices:
(A) statewide office;
(B) legislative office;
(C) district judge;
(D) state appellate court justice;
(E) State Board of Education member; and
(F) Secretary of State.
(2) Category B includes all filers not categorized in Category A, as defined by paragraph (1) of this subsection, or Category C, as defined by paragraph (3) of this subsection. Examples of Category B filers include the following filer types:
(A) lobbyists;
(B) salaried non-elected officials;
(C) candidates for and officeholders of district attorney;
(D) candidates for and officeholders of political party chair; and
(E) political committees with $3,000 or more in annual activity in the calendar year in which the late report was due.
(3) Category C includes:
(A) unsalaried appointed board members and officials; and
(B) political committees with less than $3,000 in annual activity in the calendar year in which the late report was due.
(d) For purposes of a reduction of a late fine under §18.25 and §18.26 of this title, the following explanations will be accepted as showing good cause:
(1) The report was filed no more than one day late.
(2) The report was filed within seven days of receipt of a late notice.
(3) The report was not a critical report and was prepared and placed in the mail on time but not postmarked by the deadline.
(4) The filer had technical difficulties after regular business hours, but the report was filed on the next business day that the commission's technical support staff was at work.
(5) The filer's address changed and the filer did not receive notice of the filing deadline.
(6) There are no funds in the filer’s campaign or officeholder account and the filer is unemployed.
(7) A first-time filer that is required to file campaign finance reports with a county filing authority and personal financial statements with the commission, who mistakenly files the personal financial statement with the county on the filing deadline and then correctly files with the commission within seven days of realizing the mistake.
(e) For purposes of a reduction of a late fine under §18.25 (relating to Administrative Waiver or Reduction of Fine: Report Type I) and §18.26 of this title, the following explanations will not be accepted as showing good cause:
(1) The filer did not know the report was due.
(2) The filer forgot or the person assigned by the filer to prepare the report forgot.
(3) The campaign was very time-consuming.
(4) The filer’s job was very time-consuming.
(5) The filer was too overwhelmed by responsibilities to file the report on time.
(6) The filer was a candidate who lost an election and did not know to terminate his or her campaign treasurer appointment and file a final report.
(7) The filer left his or her position and did not know he or she was still required to file a report.
(f) A late fine that is reduced under §18.25 or §18.26 of this title will revert to the full amount originally assessed if the reduced fine is not paid within thirty (30) calendar days from the date of the letter informing the filer of the reduction.
(g) A filer may appeal a determination made under §18.25 or §18.26 of this title by submitting a request in writing to the commission.
(1) The request for appeal should state the filer’s reasons for requesting an appeal, provide any additional information needed to support the request, and state whether the filer would like the opportunity to appear before the commission and offer testimony regarding the appeal.
(2) After hearing a request for appeal, the commission may affirm the determination made under §18.25 or §18.26 of this title or make a new determination based on facts presented in the appeal.
§18.25. Administrative Waiver or Reduction of Fine: Report Type I
(a) The executive director shall apply the guidelines set out in this section to a late report classified as Report Type I under §18.24(b) of this title.
(b) In order to qualify for a waiver or reduction of a late fine under this section, a filer must meet all of the following criteria:
(1) The filer has no more than two prior late offenses in the five (5) years preceding the filing deadline of the late report at issue;
(2) The filer filed the report within thirty (30) days of learning the report was late;
(3) The filer has not had the late fine for the report at issue increased by the commission at a public meeting pursuant to §254.042(b), Election Code, or §305.033(c) or §572.033(b), Government Code; and
(4) The filer does not have an outstanding late fine
(c) The executive director shall use the following levels chart to determine the level of waiver or reduction of a late fine under this section:
Report Type I Levels Chart
(For All Reports Other Than Critical Reports)
| LEVEL | # OF PRIORS IN LAST 5 YEARS | CATEGORY A | CATEGORY B | CATEGORY C | EXPLANATORY NOTE |
| 1 | 0 | Waiver | Waiver | Waiver | |
| 1.5 | 1 | $150 | $100 | $50 | Level 2 violation with good cause shownª |
| 2 | 1 | $300 | $200 | $100 | |
| 2.5 | 2 | $400 | $300 | $150 | Level 3 violation with good cause shownª |
| 3 | 2 | $500 | $500 | $250 |
ªThe categorization shifts one-half level (from Level 2 to 1.5; from Level 3 to 2.5) if the filer’s explanation qualifies as good cause under section 18.24(d) of this title.
§18.26. Administrative Waiver or Reduction of Fine: Report Type II
(a) The executive director shall apply the guidelines set out in this section to a late report classified as Report Type II under §18.24(b) of this title (relating to General Guidelines for Other Administrative Waiver of Reduction of Fine)..
(b) In order to qualify for a waiver or reduction of a late fine under this section, a filer must meet all of the following criteria:
(1) The filer has no more than two prior late offenses in the five (5) years preceding the filing deadline of the late report at issue;
(2) The filer has not had the late fine for the report at issue increased by the commission at a public meeting pursuant to §254.042(b), Election Code, or §305.033(c) or 572.033(b), Government Code; and
(3) The filer does not have an outstanding late fine
(c) The executive director shall use the following levels chart to determine the level of waiver or reduction of a late fine under this section if:
(1) The late report at issue discloses less than $3,000 in total contributions and less than $3,000 in expenditures for the reporting period;
(2) The late report at issue was filed no more than thirty (30) days after the filer learned that the report was late; and
(3) The filer has no prior late offenses or only one prior late offense in the five (5) years preceding the filing deadline of the late report at issue
Report Type II Levels Chart
(For Critical Reports under section 18.26(c))
| LEVEL | # OF PRIORS IN LAST 5 YEARS | CATEGORY A | CATEGORY B | CATEGORY C | EXPLANATORY NOTE |
| 1.5 | 0 | $150 | $100 | $50 | Level 2 violation with good cause shownª |
| 2 | 0 | $300 | $200 | $100 | |
| 2.5 | 1 | $400 | $300 | $150 | Level 3 violation with good cause shownª |
| 3 | 1 | $500 | $500 | $250 |
ªThe categorization shifts one-half level (from Level 2 to 1.5; from Level 3 to 2.5) if the filer’s explanation qualifies as good cause under section 18.24(d) of this title.
(d) The executive director shall use the following formulas chart to determine the level of waiver or reduction of a late fine under this section if:
(1) The late report at issue discloses either $3,000 or more in total contributions or $3,000 or more in expenditures for the reporting period;
(2) The late report at issue was filed over thirty (30) days after the filer learned that the report was late; or
(3) The filer has two (2) prior late offenses in the five (5) years preceding the filing deadline of the late report at issue.
Report Type II Formulas Chart
(For Critical Reports under section 18.26(d))
Category A
| NO GOOD CAUSE | EXPLANATORY NOTES |
| Starting Fine = $500 | 1st day late |
| + $100 a day, up to $1,000 | 2nd – 11th days late |
| + $500 for every full 30 days thereafter, up to $10,000 | 12th day late – Filed Date: Take # of days divided by 30; drop remainder days that do not make a full 30-day segment |
| GOOD CAUSE SHOWN | EXPLANATORY NOTES |
| Starting Fine = $150 (0 priors); or Starting Fine = $400 (1 or 2 priors) |
1st day late |
| + $100 a day, up to $1,000 | 2nd – 11th days late |
| + $500 every full 30 days thereafter, up to $10,000 | 12th day late – Filed Date: Take # of days divided by 30; drop remainder days that do not make a full 30-day segment |
Category B
| NO GOOD CAUSE | EXPLANATORY NOTES |
| Starting Fine = $500 | 1st day late |
| + $100 a day, up to $500 | 2nd – 6th days late |
| + $250 for every full 30 days thereafter, up to $5,000 | 7th day late – Filed Date: Take # of days divided by 30; drop remainder days that do not make a full 30-day segment |
| GOOD CAUSE SHOWN | EXPLANATORY NOTES |
| Starting Fine = $100 (0 priors); or Starting Fine = $300 (1 or 2 priors) |
1st day late |
| + $100 a day, up to $500 | 2nd – 6th days late |
| + $250 every full 30 days thereafter, up to $5,000 | 7th day late – Filed Date: Take # of days divided by 30; drop remainder days that do not make a full 30-day segment |
Category C
| NO GOOD CAUSE | EXPLANATORY NOTES |
| Starting Fine = $500 | 1st day late |
| + $100 a day, up to $500 | 2nd – 6th days late |
| + $250 for every full 30 days thereafter, up to $5,000 | 7th day late – Filed Date: Take # of days divided by 30; drop remainder days that do not make a full 30–day segment |
| GOOD CAUSE SHOWN | EXPLANATORY NOTES |
| Starting Fine = $50 (0 priors); or Starting Fine = $150 (1 or 2 priors) |
1st day late |
| + $100 a day, up to $500 | 2nd – 6th days late |
| + $250 every full 30 days thereafter, up to $5,000 | 7th day late – Filed Date: Take # of days divided by 30; drop remainder days that do not make a full 30–day segment |
(e) Comments:
Report Type II Formulas Chart Examples:
| Report: | 30–day pre–election report due February 3, 2014 (Report Type II) | |
| Filed Date: | February 4, 2014 (1 day late; good cause under section 18.24(d)) | |
| Activity: | contributions = $10,000; expenditures = $5,000 (use Formulas Chart) | |
| Prior offenses: | none | |
| Penalty: | $500 | |
| Determination: | reduction to $150 |
| Formula Calculation = $150 (Category A, Good Cause, 0 Priors, 1st day late) |
| Report: | 30–day pre–election report due February 3, 2014 (Report Type II) | |
| Filed Date: | February 4, 2014 (1 day late; good cause under section 18.24(d)) | |
| Activity: | contributions = $10,000; expenditures = $5,000 (use Formulas Chart) | |
| Prior offenses: | two prior late reports in the last five years | |
| Penalty: | $500 | |
| Determination: | reduction to $300 |
| Formula Calculation = $300 (Category B, Good Cause, 2 Priors, 1st day late) |
| Report: | 8–day pre–election report due February 24, 2014 (Report Type II) | |
| Filed Date: | March 20, 2014 (24 days late; filed within 7 days of late notice; good cause under section 18.24(d)) | |
| Activity: | contributions = $10,000; expenditures = $5,000 (use Formulas Chart) | |
| Prior offenses: | none | |
| Penalty: | $2,800 | |
| Determination: | reduction to $1,150 |
| Formula Calculation = $150 (Category A, Good Cause, 0 Priors, 1st day late) + $1,000 (next 10 days late @ $100 per day) + $0 (remaining 13 days late do not add up to full 30-day segment) = $1,150. |
| Report: | 30–day pre–election report due February 3, 2014 (Report Type II) | |
| Filed Date: | April 4, 2014 (60 day late) | |
| Activity: | contributions = $10,000; expenditures = $5,000 | |
| Prior offenses: | five prior late reports in the last five years | |
| Penalty: | $500 | |
| Determination: | no waiver |
| Filer did not meet the criteria under subsection (b)(1) of this section because the filer has over two prior late offenses in the five years preceding the report due date. |
§18.31. Adjustments to Reporting Thresholds
(a) Pursuant to section 571.064 of the Government Code, the reporting thresholds are adjusted as follows:
Campaign Finance Reports: Section of Election Code |
Threshold Description |
Original Threshold Amount |
Adjusted Amount |
|---|---|---|---|
253.031(b) |
The amount of political contributions or political expenditures permitted by a political committee before a campaign treasurer appointment is required |
$500 |
$910 |
253.031(d)(2) |
The amount of political contributions or political expenditures permitted by a county executive party of a political party before a campaign treasurer appointment is required |
$25,000 |
33,750 |
253.032(a) |
Threshold of contributions accepted from an out-of-state political committee above which a certain written statement or a statement of organization is required |
$500 |
$930 |
253.032(a)(1) |
Threshold of contributions to an out-of-state political committee above which certain information regarding contributions must be included in the written statement required under section 253.032(a), Election Code |
$100 |
$190 |
253.032(e) |
Threshold of contributions accepted from an out-of-state political committee at or below which certain information or a statement of organization must be included in a report |
$500 |
$930 |
254.031(a)(1) |
Threshold at which contributor information is required to be reported |
$50 |
$90 |
254.031(a)(2) |
Threshold at which lender information is required to be reported |
$50 |
$90 |
254.031(a)(3) |
Threshold at which information on the payee of a political expenditure is required to be reported |
$100 |
$190 |
254.031(a)(5) |
Threshold below which contributor information is not required to be reported |
$50 |
$90 |
254.031(a)(5) |
Threshold below which payee information is not required to be reported |
$100 |
$190 |
254.031(a)(9) |
Threshold at which the source of any credit, interest, return of deposit fee from political contributions or asset is required to be reported |
$100 |
$120 |
254.031(a)(10) |
Threshold at which the proceeds from sale of a political asset is required to be reported |
$100 |
$120 |
254.031(a)(11) |
Threshold at which any gain from an investment purchased with political contributions is required to be reported |
$100 |
$120 |
254.031(a)(12) |
Threshold at which any other gain from political contribution is required to be reported |
$100 |
$120 |
254.0311(b)(1) |
Threshold at which contributor information for contributions from non-caucus members is required to be reported by a caucus |
$50 |
$90 |
254.0311(b)(2) |
Threshold at which lender information is required to be reported by a caucus |
$50 |
$90 |
254.0311(b)(3) |
Threshold at which payee information for expenditures is required to be reported by a caucus |
$50 |
$90 |
254.0311(b)(3) |
Threshold below which payee information for expenditures is not required to be reported by a caucus |
$50 |
$90 |
254.0311(b)(4) |
Threshold below which contributor and payee information is not required to be reported by a caucus |
$50 |
$90 |
254.0312 |
Threshold at which the best efforts rule requires one to make a written or oral request for contributor information in order to be considered in compliance when contributor information is missing |
$500 |
$710 |
254.036 |
Threshold of political contributions and political expenditures below which a filer qualifies for the electronic filing exemption, if certain conditions are met |
$20,000 |
$28,420 |
254.038(a) |
Contribution threshold triggering a Special Report Near Election by Certain Candidates and Political Committees during the 9 days before election |
$1,000 |
$1,860 |
254.039 |
Contribution threshold triggering Special Report Near Election by GPACs during the 9 days before election |
$5,000 |
$6,370 |
254.039 |
Direct Campaign expenditure thresholds triggering Special Report Near Election by GPACs ($1,000 for single candidate or $15,000 for group of candidates) during the 9 days before election |
$1,000/$15,000 |
$1,860/$27,950 |
254.0611(a)(2) |
Threshold at which principal occupation/employer information for contributors to judicial filers is required to be reported |
$50 |
$90 |
254.0611(a)(3) |
Threshold at which the disclosure of an asset purchased with political contributions is required to be reported by judicial filers |
$500 |
$930 |
254.0612 |
Threshold at which principal occupation/employer information for contributors to statewide executive and legislative candidates is required to be reported |
$500 |
$930 |
254.095 |
Threshold of political contributions or political contributions below which a report is not required for officeholders who do not file with the Commission, unless also a candidate |
$500 |
$930 |
254.151(6) |
Threshold at which the principal occupation for GPAC contributors is required to be reported |
$50 |
$90 |
254.1541(a) |
Threshold of political contributions and political expenditures below which a GPAC has a $100 contribution itemization threshold, rather than $50 |
$20,000 |
$27,000 |
254.1541(b) |
Contribution reporting threshold for GPACs qualifying under section 254.1541 set to $100 |
$100 |
$190 |
254.156(1) |
Threshold at which contributor, lender, and payee information is required for a political contribution, loan, or expenditure, respectively, to an MPAC |
$10 |
$20 |
254.156(2) |
Threshold at which contribution, loan, and expenditure information for MPACs qualifying under section 254.1541 is set to $20 |
$20 |
$40 |
254.181, 254.182, 254.183 |
Threshold of political contributions and political expenditures below which a candidate or SPAC may elect to avoid certain pre-election filing requirements (modified reporting) |
$500 |
$930 |
254.261 |
Threshold at which a person making direct campaign expenditures in an election must disclose the expenditures, including payee information |
$100 |
$140 |
Lobby Registrations and Reports: Section of Government Code |
Threshold Description |
Original Threshold Amount |
Adjusted Amount |
|---|---|---|---|
305.003(1) |
Threshold of expenditures over which a person must register as a lobbyist |
$500, by 1 Tex. Admin. Code §34.41 |
$810 |
305.003(2) |
Threshold of compensation or reimbursement over which a person must register as a lobbyist |
$1,000, by 1 Tex. Admin. Code §34.43 |
$1,620 |
305.004(7) |
Threshold of expenditures and compensation below which a person lobbying on behalf of political party is excepted from the requirement to register as a lobbyist |
$5,000 |
$9,320 |
305.005(g)(2) |
Threshold of category to report compensation less than $10,000 |
$10,000 |
$18,630 |
305.005(g)(3) |
Upper threshold of category to report compensation of at least $10,000 but less than $25,000 |
$25,000 |
$46,580 |
305.005(g)(4) |
Upper threshold of category to report compensation of at least $25,000 but less than $50,000 |
$50,000 |
$93,150 |
305.005(g)(5) |
Upper threshold of category to report compensation of at least $50,000 but less than $100,000 |
$100,000 |
$186,300 |
305.005(g)(6) |
Upper threshold of category to report compensation of at least $100,000 but less than $150,000 |
$150,000 |
$279,450 |
305.005(g)(7) |
Upper threshold of category to report compensation of at least $150,000 but less than $200,000 |
$200,000 |
$372,600 |
305.005(g)(8) |
Upper threshold of category to report compensation of at least $200,000 but less than $250,000 |
$250,000 |
$465,750 |
305.005(g)(9) |
Upper threshold of category to report compensation of at least $250,000 but less than $300,000 |
$300,000 |
$558,900 |
305.005(g)(10) |
Upper threshold of category to report compensation of at least $300,000 but less than $350,000 |
$350,000 |
$652,050 |
305.005(g)(11) |
Upper threshold of category to report compensation of at least $350,000 but less than $400,000 |
$400,000 |
$745,200 |
305.005(g)(12) |
Upper threshold of category to report compensation of at least $400,000 but less than $450,000 |
$450,000 |
$838,350 |
305.005(g)(13) |
Upper threshold of category to report compensation of at least $450,000 but less than $500,000 |
$500,000 |
$931,500 |
305.005(g-1) |
Threshold of compensation or reimbursement at which a registrant must report the exact amount |
$500,000 |
$931,500 |
305.0061(c)(3) |
Threshold over which the name of a legislator who is the recipient of a gift, a description of the gift, and amount of the gift is required to be disclosed |
$50 |
$90 |
305.0061(e-1) |
Threshold below which an expenditure for food or beverages is considered a gift and reported as such |
$50 |
$90 |
305.0063 |
Threshold of expenditures below which a registrant may file lobby activities reports annually instead of monthly |
$1,000 |
$1,860 |
Personal Financial Statements: Section of Gov't Code |
Threshold Description |
Original Threshold Amount |
Adjusted Amount |
|---|---|---|---|
572.022(a)(1) |
Threshold of category to report an amount less than $5,000 |
less than $5,000 |
less than $9,320 |
572.022(a)(2) |
Threshold of category to report an amount of at least $5,000 but less than $10,000 |
$5,000 to less than $10,000 |
$9,320 to less than $18,630 |
572.022(a)(3) |
Threshold of category to report an amount of at least $10,000 but less than $25,000 |
$10,000 to less than $25,000 |
$18,630 to less than $46,580 |
572.022(a)(4) |
Threshold of category to report an amount of at least $25,000 or more |
$25,000 or more |
$46,580 or more |
572.005, 572.023(b)(1) |
Threshold to disclose the source and category of amount of retainer received by a business entity in which the filer has a substantial interest; section 572.005 defines substantial interest, in part, as owning over $25,000 of the fair market value of the business entity |
$25,000 |
$46,580 |
572.023(b)(4) |
Threshold over which income from interest, dividends, royalties, and rents is required to be reported |
$500 |
$930 |
572.023(b)(5) |
Threshold over which the identity of each loan guarantor and person to whom filer owes liability on a personal note or lease agreement is required to be reported |
$1,000 |
$1,860 |
572.023(b)(7) |
Threshold of value over which the identity of the source of a gift and a gift description is required to be reported |
$250 |
$470 |
572.023(b)(8) |
Threshold over which the source and amount of income received as beneficiary of a trust asset is required to be reported |
$500 |
$930 |
572.023(b)(15) |
if aggregate cost of goods or services sold under contracts exceeds $10,000, PFS must identify each contract, and name of each party, with a governmental entity for sale of goods or services in amount of $2,500 or more |
Exceeds $10,000 |
$10,220 |
572.023(b)(15)(A) |
itemization under (15) of contracts for sale of goods or services in the amount of $2,500 or more to governmental entities |
$2,500 or more |
$2,560 or more |
572.023(b)(16)(D)(i) |
category of amount of bond counsel fees paid to legislator |
less than $5,000 |
less than $5,110 |
572.023(b)(16)(D)(ii) |
category of amount of bond counsel fees paid to legislator |
at least $5,000 but less than $10,000 |
at least $5,110 but less than $10,220 |
572.023(b)(16)(D)(iii) |
category of amount of bond counsel fees paid to legislator |
at least $10,000 but less than $25,000 |
at least $10,220 but less than $25,550 |
572.023(b)(16)(D)(iv) |
category of amount of bond counsel fees paid to legislator |
$25,000 or more |
$25,550 or more |
572.023(b)(16)(E)(i) |
category of amount of bond counsel fees paid to individual's firm |
less than $5,000 |
less than $5,110 |
572.023(b)(16)(E)(ii) |
category of amount of bond counsel fees paid to individual's firm |
at least $5,000 but less than $10,000 |
at least $5,110 but less than $10,220 |
572.023(b)(16)(E)(iii) |
category of amount of bond counsel fees paid to individual's firm |
at least $10,000 but less than $25,000 |
at least $10,220 but less than $25,550 |
572.023(b)(16)(E)(iv) |
category of amount of bond counsel fees paid to individual's firm |
$25,000 or more |
$25,550 or more |
Speaker Election and Certain Ceremonial Reports: Section of Government Code |
Threshold Type |
Current Threshold Amount |
Adjusted Amount |
|---|---|---|---|
302.014(4) |
Expenditure of campaign funds over $10 must be disclosed, including payee's name and address and the purpose |
$10 |
$20 |
303.005(a)(1) – (10) |
Thresholds applicable to contribution and expenditure disclosure requirements for a governor for a day or speaker’s reunion day ceremony report |
$50 |
$90 |
(b) The changes made by this rule apply only to conduct occurring on or after the effective date of this rule.
(c)
The effective date of this rule is January 1, 2021.