PROPOSED RULES

At its November 27, 2006, meeting, the Texas Ethics Commission voted to propose the following rules:

Reporting Staff Reimbursement
Text of Proposed Rule

Texas Business Organizations Code
Text of Proposed Rule

Per Diem
Text of Proposed Rule

The Ethics Commission invites public comment on the rules.  The commission anticipates voting on the adoption of the rules at its meeting tentatively scheduled for February 1, 2007.

A written statement should be 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 agenda item "Communication to the Commission from the Public" and during the public comment period at a commission meeting when the commission considers final adoption of the proposed rules.  Information concerning the time and location of commission meetings is available by telephoning (512) 463-5800 or, toll free, (800) 325-8506.


Reporting Staff Reimbursement
Text of Proposed Rule

The proposed new language is indicated by underlined text.

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter B. GENERAL REPORTING RULES

§ 20.62. Reporting Staff Reimbursement

(a) Political expenditures made out of personal funds by a staff member of an officeholder, a candidate, or a political committee with the intent to seek reimbursement from the officeholder, candidate, or political committee that do not exceed $500 during the reporting period may be reported as follows IF the reimbursement occurs during the same reporting period that the initial expenditure was made:

 

(1) the amount of political expenditures that in the aggregate exceed $50 and that are made during the reporting period, the full name and address of the persons to whom the expenditures are made and the dates and purposes of the expenditures; and

 

(2) included with the total amount or a specific listing of the political expenditures of $50 or less made during the reporting period.

 

(b) Except as provided by subsection (a) of this section, a political expenditure made out of personal funds by a staff member of an officeholder, a candidate, or a political committee with the intent to seek reimbursement from the officeholder, candidate, or political committee must be reported as follows:

 

(1) the amount of the expenditure made by the staff member is reported as a loan to the officeholder, candidate, or political committee;

 

(2) the expenditure made by the staff member is reported as a political expenditure by the officeholder, candidate, or political committee; and

 

(3) the reimbursement to the staff member to repay the loan is reported as a political expenditure by the officeholder, candidate, or political committee.

 


Texas Business Organizations Code
Text of Proposed Rule

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

Chapter 24. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES APPLICABLE TO CORPORATIONS AND LABOR ORGANIZATIONS

 

§ 24.1. Corporations and Certain Associations Covered

 

(a) This chapter applies to:

 

(1) labor organizations;

 

(2) corporations that are organized under the Texas Business Corporation Act, the Texas Non-Profit Corporation Act, federal law, or the laws of another state or nation; and

(3) corporations that are organized under the Texas Business Organizations Code but that prior to January 1, 2006, would have organized under the Texas Business Corporations Act or the Texas Non-Profit Corporations Act.

 

(4) [3] the following associations, whether incorporated or not, [which] for purposes of this chapter are considered to be corporations covered by this chapter:

 

(A) banks;

 

(B) trust companies;

 

(C) savings and loan associations or companies;

 

(D) insurance companies;

 

(E) reciprocal or interinsurance exchanges;

 

(F) railroad companies;

 

(G) cemetery companies;

 

(H) government-regulated cooperatives;

 

(I) stock companies; and

 

(J) abstract and title insurance companies.

 

(b) For purposes of this chapter, members of a corporation that does not have stockholders and members of an association listed in subsection (a)(3) of this section are considered to be stockholders.

 

(c) This chapter does not apply to a political committee that incorporates for liability purposes only in accordance with subsection (d) of this section, provided that the sole principal purpose of the committee is accepting political contributions and making political expenditures. 

(d) A political committee may incorporate to limit its liability by providing in its official incorporation documents that it is a political committee that is incorporating for liability purposes only, and that its only principal purpose is to accept political contributions and make political expenditures.


Per Diem
Text of Proposed Rule

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

Chapter 50. LEGISLATIVE SALARIES AND PER DIEM

 

§ 50.1. Legislative Per Diem

 

(a) The legislative per diem is $139 [$132].  The per diem is intended to be paid to each member of the legislature and the lieutenant governor for each day during the regular session and for each day during any special session in 2007 [2006].

 

(b). This rule shall be applied retroactively to ensure payment of the $139 [$132] per diem for 2007 [2006].

 

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