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Rules
Proposed

PROPOSED RULES


At its February 2026, meeting, the Texas Ethics Commission (“TEC”) voted to propose the following amended and new rules: §7.1 regarding Application, §7.3 regarding Definitions, §7.5 regarding Vendor Protest Procedures, §7.55 regarding Vendor Protest Procedures for Vendor Performance Reports, §7.7 regarding Contract Monitoring, §7.9 regarding Enhanced Contract Monitoring, §7.11 regarding Veteran Heroes United in Business (VetHUB), §26.1 regarding Disclosure Statement, §26.2 regarding Newsletter of Public Officer of a Political Subdivision, §26.3 regarding Legislative Advertising, §34.1 regarding Definitions, §34.41 regarding Expenditure Threshold, §34.43 regarding Compensation and Reimbursement Threshold, §45.3 regarding Definitions, §45.8 regarding Additional Disclosures for Texas Comptroller of Public Accounts, §46.1 regarding Application and §46.5 regarding Disclosure of Interested Parties Form. The text of the proposed amended and new rules is located below.

Summary of Proposed Rules, in English

State law requires state agencies to “review and consider for readoption each of its rules … not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date.” Tex. Gov’t Code §2001.039. The law further requires agencies to “readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.” Id.

The TEC is continuing its comprehensive review with the proposal of new Chapter 7 regarding contracts, and a review of the TEC’s rules regarding political and legislative advertising which are codified in Chapter 26, conflicts of interest which are codified in Chapter 45 and disclosure of interested parties which are codified in Chapter 46. The adoption of new rules and amendments to other rules seek to shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on these chapters.

Resumen de las Reglas propuestas, en Español

La ley estatal exige que las agencias estatales “revisen y consideren la readopción de cada una de sus normas… a más tardar en el cuarto aniversario de la fecha en que la norma entre en vigor y cada cuatro años a partir de esa fecha”. Código Gubernamental de Texas §2001.039. La ley también exige que las agencias “readopten, readopten con enmiendas o deroguen una norma como resultado de la revisión de la misma conforme a esta sección”. Ibíd.

La Comisión de Ética de Texas (TEC) continúa su revisión integral con la propuesta del nuevo Capítulo 7 sobre contratos, y una revisión de las normas de la TEC relativas a la publicidad política y legislativa, codificadas en el Capítulo 26; los conflictos de intereses, codificados en el Capítulo 45; y la divulgación de partes interesadas, codificada en el Capítulo 46. La adopción de nuevas normas y las enmiendas a otras normas buscan acortar, simplificar y reorganizar las normas para eliminar redundancias y mejorar la claridad en estos capítulos.


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

CHAPTER 7. CONTRACTS

§7.1. Application.

This chapter applies to §2155.076, §2261.202 and §2262.253 of the Government Code.


§7.3. Definitions.

(1) Agency - The state agency governed by the Commission, as it functions and operates through the administrative staff hired by the Commission and its executive director.

(2) Commission - The Texas Ethics Commission, as constituted and described in the Texas Constitution, Article 3, §24a and in the Government Code, Chapter 571.

(3) Contract - A written contract between the agency and a contractor, under the terms of which the contractor agrees to provide goods or services to or for the agency.

(4) Executive director - The person employed by the Commission to serve as the agency's chief administrative officer, or any other employee of the Commission acting as the designee of the executive director.

(5) Vendor - A person that offers goods and services in the state.


§7.5. Vendor Protest Procedures.

(a) Per Tex. Gov’t Code §2155.076, a state agency must adopt procedures for resolving vendor protests related to purchasing issues.

(b) A vendor who submitted a written response to a solicitation and did not receive the award may file a written protest.

(c) A valid protest must be:

(d) To be considered by the Commission, a protest must be filed:

(e) In the event of a timely protest or appeal under this section, the Commission shall not proceed further with the solicitation or with the award of the contract unless the Executive Director makes a written determination that the award of the contract without delay is necessary to protect the best interest of the Commission.

(f) Policies and procedures related to this section can be found in the Commission policy on the Commission website.


§7.55. Vendor Protest Procedures for Vendor Performance Reports.

(a) The Commission is required by §2155.089 and §2262.055 of the Texas Government Code to review a vendor's performance under a contract after the contract is completed or otherwise terminated. Vendor performance must be reported to the Comptroller using the Comptroller's tracking system to rate vendors on an A through F scale, with A being the highest grade.

(b) A vendor who receives a grade lower than a C in the vendor performance tracking system may file a protest regarding the lower grade assigned to the vendor in the system.

(c) Policies and procedures related to this section can be found in the Commission policy on the Commission website.


§7.7. Contract Monitoring.

(a) Per Tex. Gov’t Code §2261.202, a state agency must adopt a policy that clearly defines the contract monitoring roles and responsibilities.

(b) The contract monitoring roles and responsibilities of the Commission's internal audit staff and other inspection, investigative, or compliance staff are as follows:


§7.9. Enhanced Contract Monitoring.

(a) Per Tex. Gov’t Code 2261.253, a state agency must establish a procedure to identify each contract that requires enhanced or performance monitoring, and submit information on those contracts to the agency’s governing body.

(b) Contracts that are subject to enhanced contract monitoring include:


§7.11. Veteran Heroes United in Businesses (VetHUB)

In accordance with Tex. Gov’ Code §2161.003, the Commission adopts by reference the Texas Comptroller of Public Accounts' rules in Texas Administrative Code, Title 34, Chapter 20, Subchapter D, Division 1 (relating to Historically Underutilized Businesses).


§26.1. Disclosure Statement.

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

(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:

(c) A disclosure statement is not required on:

(d) For the purposes of Subsection (c), an “Internet social media profile webpage” is an Internet webpage on a website where members of the public may, for no charge, connect electronically with other members of the public and share text, images, videos, and similar forms of communications.


§26.2. Newsletter of Public Officer of a Political Subdivision.

For purposes of §255.003 of the Election Code, a newsletter of a public officer of a political subdivision is not political advertising if:


§26.3. Legislative Advertising.

Political advertising as defined by the Election Code, §[Section] 251.001(16) (concerning Definitions), does not constitute legislative advertising under the Government Code, §[Section] 305.027 (concerning Required Disclosure on Legislative Advertising).


§34.1. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.


§34.41. Expenditure Threshold.

(a) A person must register as a lobbyist under chapter 305 of the Texas Government Code, if the person makes total expenditures of more than $650 [the amount specified in Tex. Gov’t Code §305.003(a)(1), as amended by Figure 2 in 1 TAC §18.31] in a calendar quarter, not including expenditures for the person’s own travel, food, lodging, or membership dues, on activities described in Government Code §305.006(b) to communicate directly with one or more members of the legislative or executive branch to influence legislation or administrative action.

(b) An expenditure made by a member of the judicial, legislative, or executive branch of state government or an officer or employee of a political subdivision of the state acting in his or her official capacity is not included for purposes of determining whether a person is required to register under Government Code, §305.003(a)(1).

(c) An expenditure made in connection with an event to promote the interests of a designated geographic area or political subdivision is not included for purposes of determining whether a person has crossed the registration threshold in Government Code, §305.003(a)(1), if the expenditure is made by a group that exists for the limited purpose of sponsoring the event or by a person acting on behalf of such a group.


§34.43. Compensation and Reimbursement Threshold.

(a) A person must register as a lobbyist under chapter 305 of the Texas Government Code if the person receives, or is entitled to receive under an agreement under which the person is retained or employed, more than $1,200 [the amount specified in Tex. Gov’t Code §305.003(a)(2), as amended by Figure 2 in 1 TAC §18.31] 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 during a calendar quarter 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.


§45.3. Definitions.

(a) Section 2155.003 of the Government Code applies to:

(b) Under §2155.003 of the Government Code the following words and terms shall have the following meanings:

(c) Section 2155.003 of the Government Code does not apply to the ownership of stock the value of which does not exceed the lesser of $25,000 or 5% in any one company, or ownership of shares in a publicly traded mutual fund or similar investment vehicle in which the person does not exercise any discretion regarding the investment of the assets of the fund or other investment vehicle.


§45.8. Additional Disclosures for Texas Comptroller of Public Accounts.

(a) For purposes of this section and §2155.003(e) of the Government Code, the procedure for the required additional disclosure can be found at 1 Tex. Admin. Code §20.220.


§46.1. Application.

(a) This chapter applies to §2252.908 of the Government Code.

[(b) Section 2252.908 of the Government Code applies only to a contract of a governmental entity or state agency entered into after December 31, 2015, that meets either of the following conditions:

(b)[(c)] A contract does not require an action or vote by the governing body of a governmental entity or state agency if:


§46.5. Disclosure of Interested Parties Form.

(a) A disclosure of interested parties form required by §2252.908 of the Government Code must be filed on an electronic form prescribed by the Commission.[commission that contains the following:

(b) The certification of filing and the completed disclosure of interested parties form generated by the Commission’s[commission] electronic filing application must be printed, signed by an authorized agency of the contracting business entity, and submitted to the governmental entity or state agency that is the party to the contract for which the form is being filed.

(c) A governmental entity or state agency that receives a completed disclosure of interested parties form and certification of filing shall notify the Commission[commission], in an electronic format prescribed by the Commission[commission], of the receipt of those documents not later than the 30th day after the date the governmental entity or state agency receives the disclosure.

(d) The Commission[commission] shall make each disclosure of interested parties form filed with the Commission[commission] under §2252.908(f) of the Government Code available to the public on the Commission’s[commission]Internet website not later than the seventh business day after the date the Commission[commission] receives the notice required under subsection (c) of this section.