PROPOSED RULES

At its April 16, 2015, meeting, the Texas Ethics Commission voted to post for public comment the following rule. The Ethics Commission invites public comment on the rules. A written statement should be emailed to public_comment@ethics.state.tx.us, or 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 rule. 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.

§ 20.1. Meaning of “In Connection with a Campaign”
Text of Proposed Rule

§ 20.59. Reporting Expenditure by Credit Card
Text of Proposed Rule


§ 20.1. Meaning of “In Connection with a Campaign”
Text of Proposed Rule

The proposed new language is indicated by underlined text.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter A. GENERAL RULES

20.1 Definitions

(21) In connection with a campaign:

(A) An expenditure is made in connection with a campaign for an elective office if it is:

(i) made for a communication that expressly advocates the election or defeat of a clearly identified candidate by:

(I) using such words as “vote for,” “elect,” “support,” “vote against,” “defeat,” “reject,” “cast your ballot for,” or “Smith for city council;” or

(II) using such phrases as “elect the incumbent” or “reject the challenger,” or such phrases as “vote pro-life” or “vote pro-choice” accompanied by a listing of candidates described as “pro-life” or “pro-choice;”

(ii) made for a communication broadcast by radio, television, cable, or satellite or distributed by print or electronic media, including any print publication, mailing, Internet website, electronic mail, or automated phone bank, that:

(I) refers to a clearly identified candidate;

(II) is distributed within 60 days before a general, special, or runoff election, or 30 days before a primary election, for the office sought by the candidate;

(III) targets a mass audience or group in the geographical area the candidate seeks to represent; and

(IV) includes slogans or individual words that, without reference to the intent of the person making the communication and with limited reference to external events, such as the proximity of an election, are susceptible of no other reasonable interpretation than to urge the election or defeat of the candidate;

(iii) made by a candidate or political committee to support or oppose a candidate; or

(iv) a campaign contribution to:

(I) a candidate; or

(II) a political committee for the purpose of supporting or opposing a candidate.

(B) An expenditure is made in connection with a campaign on a measure if it is:

(i) made for a communication that expressly advocates the passage or defeat of a clearly identified measure by:

(I) using such words as “vote for,” “support,” “vote against,” “defeat,” “reject,” or “cast your ballot for;”

(ii) made for a communication broadcast by radio, television, cable, or satellite or distributed by print or electronic media, including any print publication, mailing, Internet website, electronic mail, or automated phone bank, that:

(I) refers to a clearly identified measure;

(II) is distributed within 60 days before the election in which the measure is to appear on the ballot;

(III) targets a mass audience or group in the geographical area in which the measure is to appear on the ballot; and

(IV) includes slogans or individual words that, without reference to the intent of the person making the communication and with limited reference to external events, such as the proximity of an election, are susceptible of no other reasonable interpretation than to urge the passage or defeat of the measure;

(iii) made by a political committee to support or oppose a measure; or

(iv) a campaign contribution to a political committee for the purpose of supporting or opposing a measure.

(C) Any cost incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer or producer), Internet website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, is not a campaign expenditure.

(D) For purposes of this section:

(i) a candidate is clearly identified by a communication that includes the candidate’s name, office sought, office held, likeness, photograph, or other apparent and unambiguous reference; and

(ii) a measure is clearly identified by a communication that includes the measure’s name or ballot designation (such as “Proposition 1”), purposes, election date, or other apparent and unambiguous reference.


§ 20.59. Reporting Expenditure by Credit Card
Text of Proposed Rule

The proposed new language is indicated by underlined text.
The deleted text is indicated by strikethrough text.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter B. GENERAL REPORTING RULES

20.59. Reporting Expenditure by Credit Card

(a) A report of a political an expenditure charged to a by credit card must be disclosed on the Expenditures Made to Credit Card Schedule and identify the vendor who receives payment from the credit card company.

(b) A report of a payment to a credit card company must be disclosed on the appropriate disbursements schedule and identify the credit card company receiving the payment.

 
Texas.gov | Texas Homeland Security | Statewide Search | Site Policies