PART 2. TEXAS ETHICS COMMISSION
CHAPTER 6. ORGANIZATION AND ADMINISTRATION
The Texas Ethics Commission (the TEC) adopts amendments to Texas Ethics Commission Rules in Chapter 6, §§6.1, 6.9, 6.21, 6.23,.6.35, 6.39, 6.43, 6.45 and 6.47. The amendments are adopted without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5839). The rules will not be republished.
Specifically, the TEC adopts amendments to rules in Subchapter A of Chapter 6 (relating to General Rules), including §6.1 regarding Definitions, and §6.9 regarding Computation of Time.
The TEC also adopts amendments to rules in Subchapter B of Chapter 6 (relating to Officers and Employees of the Commission), including §6.21 regarding Officers of the Commission, and §6.23 regarding Commission Staff.
The TEC also adopts amendments to rules in Subchapter C of Chapter 6 (relating to Commission Meetings), including §6.35 regarding Called Meetings, §6.39 regarding Meeting Agenda, §6.43 regarding Speakers Addressing the Commission, §6.45 regarding Order and Conduct of Commission Meeting and §6.47 regarding Tape Recording of Meeting; Minutes.
This adoption, along with the contemporaneous adoption of the repeal of certain other rules in Chapter 6, amends the rules used in the organization and administration of the TEC.
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."
The TEC is continuing its comprehensive review with a review of the TEC's rules regarding its organization and administration, which are codified in Chapter 6. The repeal of some rules and adoption of amendments to other rules seek to shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on the TEC's organization and administration.
SUBCHAPTER A. GENERAL RULES
The amended rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted amended rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404751
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The amended rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted amended rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404752
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
1 TAC §§6.35, 6.39, 6.43, 6.45, 6.47
The amended rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted amended rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404753
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The Texas Ethics Commission (the TEC) adopts the repeal of Texas Ethics Commission rules in Chapter 6.
Specifically, the TEC adopts the repeal of rules in Subchapter A of Chapter 6 (relating to General Rules), including §6.5 regarding Authority to Adopt Rules, and §6.7 regarding Actions That Require Six Votes.
The TEC also adopts the repeal of rules in Subchapter C of Chapter 6 (relating to Commission Meetings), including §6.31 regarding Quorum, and §6.33 regarding Frequency of Meetings.
These repeals are adopted without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5842). The rules will not be republished.
This adoption, along with the contemporaneous adoption of amendments to certain other rules in Chapter 6, amends the rules used in the organization and administration of the TEC.
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 a review of the TEC's rules regarding its organization and administration, which are codified in Chapter 6. The repeal of some rules and adoption of amendments to other rules seek to shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on the TEC's organization and administration.
No public comments were received on these repealed rules.
SUBCHAPTER A. GENERAL RULES
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404748
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404749
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The Texas Ethics Commission (the Commission) adopts new Chapter 12 in Texas Ethics Commission Rules, regarding Sworn Complaints. The amendments are adopted with non-substantive changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5843). A typo is corrected in §12.43(a) regarding Motion to Dismiss and a mis-cite is corrected in §12.51 regarding Conduct and Decorum. These rules will be republished. Sections 12.1 - 12.4, 12.11 - 12.15, 12.21 - 12.26, 12.31 - 12.39, 12.41, 12.42, 12.44, 12.45, 12.52, 12.53, 12.61 - 12.66, 12.71, 12.72, 12.81 - 12.86, and 12.91 - 12.94 are adopted without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5843). These rules will not be republished.
Specifically, the Commission adopts new rules in Subchapter A of Chapter 12 (relating to Respondent's Rights), including §12.1 regarding Notice, §12.2 regarding Representation by Counsel, §12.3 regarding Ex Parte Communications, and §12.4 regarding Agreements to be in Writing.
The TEC also adopts new rules in Subchapter B of Chapter 12 (relating to Filing and Initial Processing of Complaint), including §12.11 regarding Deadline for Filing a Complaint, §12.12 regarding File Date for a Complaint, §12.13 regarding Description of Violation, §12.14 regarding Statement of Facts, and §12.15 regarding Commission Initiated Complaint.
The TEC also adopts new rules in Subchapter C of Chapter 12 (relating to Investigation and Discovery), including §12.21 regarding Response to Notice of Complaint, §12.22 regarding Written Questions, §12.23 regarding Production of Documents During Preliminary Review, §12.24 regarding Adopted Settlement Before Preliminary Review Hearing, §12.25 regarding Subpoenas Issued by Commission, and §12.26 regarding Subpoenas Issued by Counsel for the Respondent.
The TEC also adopts new rules in Division 1 of Subchapter D of Chapter 12 (relating to Pleadings and Motions: General Rules), including §12.31 regarding Purpose and Effect of Motions, §12.32 regarding Required Form of Motions, §12.33 regarding Certificate of Conference, §12.34 regarding Motion Deadlines, §12.35 regarding Method of Filing, §12.36 regarding Service of Documents, §12.37 regarding Non-conforming Documents, §12.38 regarding Amended and Supplemental Filings, and §12.39 regarding Application of this Subchapter.
The TEC also adopts new rules in Division 2 of Subchapter D of Chapter 12 (relating to Pleadings and Motions: Types of Motions), including §12.41 regarding Motion to Extend Time, §12.42 regarding Motion for Continuance, §12.43 regarding Motion to Dismiss, §12.44 regarding Motion for Summary Disposition, and §12.45 regarding Motion for Sanctions.
The TEC also adopts new rules in Division 1 of Subchapter E of Chapter 12 (relating to Hearings: General Rules), including §12.51 regarding Conduct and Decorum, §12.52 regarding Private Deliberations, and §12.53 regarding Record of Rulings.
The TEC also adopts new rules in Division 2 of Subchapter E of Chapter 12 (relating to Hearings: Powers of the Presiding Officer), including §12.61 regarding Selection and Delegation of Presiding Officer, §12.62 regarding Set Hearings, §12.63 regarding Consolidate or Sever Matters for Hearing, §12.64 regarding Conduct Hearings, §12.65 regarding Rule of Evidentiary Matters, and §12.66 regarding Sign Orders and Subpoenas.
The TEC also adopts new rules in Division 3 of Subchapter E of Chapter 12 (relating to Hearings: Preliminary Review Hearings), including §12.71 regarding Notice of Preliminary Review Hearing, and §12.72 regarding Preliminary Review Hearing.
The TEC also adopts new rules in Division 4 of Subchapter E of Chapter 12 (relating to Hearings: Formal Hearings), including §12.81 regarding Order of Formal Hearing, §12.82 regarding Notice of Formal Hearing, §12.83 regarding Formal Hearing: Venue, §12.84 regarding Presentation of Evidence, §12.85 regarding Rules of Evidence, and §12.86 regarding Number of Exhibits.
The TEC also adopts new rules in Subchapter F of Chapter 12 (relating to Resolutions), including §12.91 regarding Agreed Resolutions, §12.92 regarding Resolution of Technical or De Minimis Allegations, §12.93 regarding Default Proceedings and §12.94 regarding Final Orders After Formal Hearings.
This adoption, along with the contemporaneous adoption of the repeal of all existing rules in Chapter 12, amends the rules used in sworn complaint proceedings at the Ethics Commission.
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.
TEC staff started its comprehensive review with the TEC's rules regarding sworn complaint procedures, which are codified in Chapter 12. The repeal of existing rules and adoption of new rules seek to shorten, simplify, and reorganize the rules to eliminate surplusage and improve clarity on sworn complaint procedures.
The TEC received comments from Ross Fischer at its June and September 2024 Commission meetings. Mr. Fischer suggested changing the amount of days that adding language to new §12.83 that would give Respondents.
The TEC agreed with Mr. Fischer's suggestion to extend the amount of time required for a notice of hearing. The TEC published a change of the proposed the minimum notice time from 10 days to 30 days following its June meeting. The TEC adopts the rule providing a minimum of 30 days' notice.
Mr. Fischer also suggested the rules should be amended to allow the respondent to decide whether a formal hearing would be heard by the State Office of Administrative Hearings or before the commissioners sitting en banc.
The TEC decided to keep the long-standing practice of deciding whether a formal hearing should be heard by the commissioners directly or docketed at SOAH. The commissioners are best positioned to decide whether the additional time and expense of docketing a formal hearing at SOAH is justified.
Finally, Mr. Fischer suggested the TEC not re-adopt Section 12.83(c)(2) (to be re-numbered Section 12.23). Mr. Fischer asserts that any rule tolling the statutory deadline that requires the TEC to propose a resolution to a sworn complaint within 120 days of receiving a response in written to a complaint or to written questions is contrary to statute. Tex. Gov't Code § 571.1242(g).
The TEC disagrees with that interpretation. The rule implements the TEC's clear statutory authority to extend deadlines and to adopt procedural rules for the efficient management of its sworn complaint docket.
First, the rule clarifies that a subpoena is a species of "written questions" and therefore acts to toll the 120-day deadline consistent with the statutory language. Second, beyond its general grant of rulemaking authority, the TEC is required to "adopt procedures for the conduct of preliminary reviews and preliminary review hearings" that "must include . . . the tolling or extension of otherwise applicable deadlines where: (A) the commission issues a subpoena and the commission's meeting schedule makes it impossible both to provide a reasonable time for response and to comply with the otherwise applicable deadlines." Id. § 571.1244. The TEC then has to include those "rules of procedure" in the notice it sends to respondents in a preliminary review. Id. § 571.124(e). Moreover, the "commission may, on its own motion or on the reasonable request of a respondent, extend any deadline for action relating to a sworn complaint, motion, preliminary review hearing, or formal hearing." Id. § 571.136.
SUBCHAPTER A. RESPONDENT'S RIGHTS
The new rules are adopted under Texas Government Code §571.062, which authorizes the TEC to adopt rules to administer Chapter 571 of the Government Code. The TEC has additional authority to adopt rules regarding: (1) procedure in a formal hearing (§571.131), (2) technical and de minimis violations (§571.0631), and (3) procedures for preliminary review and preliminary review hearings (§571.1244).
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404764
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404765
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404766
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
DIVISION 1. GENERAL RULES
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404767
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
§12.43.Motion to Dismiss.
(a) A party may move to dismiss a complaint in whole or in part on the grounds that an alleged violation has no basis in law or fact. An alleged violation has no basis in law if the allegations, if taken as true, together with inferences reasonably drawn from them do not constitute a violation of a rule adopted by or a law administered and enforced by the commission. An alleged violation has no basis in fact if no reasonable person could believe the facts alleged.
(b) A motion to dismiss must identify each alleged violation to which it is addressed, and must state specifically the reasons the alleged violation has no basis in law, no basis in fact, or both.
(c) The commission may, but is not required to, conduct an oral hearing on the motion to dismiss. The commission may not consider evidence in ruling on the motion and must decide the motion based solely on the facts alleged in the complaint, together with any complaint exhibits permitted by commission rule or statute.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404768
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 7, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
DIVISION 1. GENERAL RULES
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
§12.51.Conduct and Decorum.
(a) Parties, representatives, and other participants at a hearing shall conduct themselves with dignity, show courtesy and respect for one another and for the commission, and follow any additional guidelines of decorum prescribed by the presiding officer, including adherence to the amount of time allotted for the hearing. Attorneys shall adhere to the standards of conduct in the Texas Lawyer's Creed promulgated by the Supreme Court of Texas and the Court of Criminal Appeals and the Texas Disciplinary Rules of Professional Conduct promulgated by the Supreme Court of Texas.
(b) Attorneys should advise their clients and witnesses of the applicable rules of conduct and decorum.
(c) All objections, arguments, and other comments by parties shall be directed to the commission and not to an opposing party.
(d) While a party is addressing the commission or questioning a witness, any other party shall not interrupt for any purpose except to make a valid objection.
(e) Parties shall not approach the dais without leave of the presiding officer and must not lean on the dais.
(f) Parties shall remain seated at the counsel table at all times except:
(1) when addressing the commission; and
(2) whenever it may be proper to handle documents, exhibits, or other evidence.
(g) Parties must question witnesses and deliver arguments to the commission while seated at the counsel table or standing at the lectern. If a party seeks to question or argue from another location, leave of the presiding officer must be requested and granted.
(h) Parties must request leave of the presiding officer to conduct a demonstration.
(i) The presiding officer may take appropriate action to maintain and enforce proper conduct and decorum, including:
(1) issuing a warning;
(2) sanctioning a party pursuant to §12.45 of this chapter;
(3) excluding persons from the proceeding;
(4) recessing the proceeding; and
(5) clearing the hearing room of persons causing a disruption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404769
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404770
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404771
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404772
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The new rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404773
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The Texas Ethics Commission (the TEC) adopts the repeal of all existing rules in Texas Ethics Commission Chapter 12. These repeals are adopted without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5855). The rules will not be republished.
Specifically, the Commission adopts the repeal of all rules in Subchapter A of Chapter 12 (relating to General Provision and Procedures), including §12.5, regarding Deadline for Filing a Complaint, §12.6 regarding File Date for Purposes of Commission Response Deadline, §12.7 regarding Confidentiality, §12.9 regarding Compliance with Open Meetings Law and Open Records Law, §12.11 regarding Delegation to Executive Director, §12.13 regarding Representation by Counsel, §12.15 regarding Appearance of Complainant at Hearing, §12.19 regarding Agreements to be in Writing, §12.21 regarding Notice, §12.23 regarding Hearing in Respondent's Absence, §12.25 regarding Waiver of Hearing, §12.27 regarding Deadline Extension, §12.28 regarding Production of Documents During Preliminary Review, §12.29 regarding Subpoenas Issued by Commission, §12.30 regarding Subpoenas Issued by Counsel for the Respondent, §12.31 regarding Conduct and Decorum, §12.33 regarding Sanctioning Authority, §12.34 regarding Agreed Orders, §12.35 regarding Frivolous Complaint and §12.36 regarding Assessment of Civil Penalty.
The TEC also adopts the repeal of all rules in Subchapter B of Chapter 12 (relating to Filing and Initial Processing of a Complaint), including §12.51 regarding Non-Complying Complaint, §12.52 regarding Response to Notice of Complaint, §12.53 regarding Commission Initiated Complaint, §12.59 regarding Description of Violation, §12.61 regarding Statement of Facts and §12.67 regarding Copies and Documents Provided by the Commission.
The TEC also adopts the repeal of all rules in Subchapter C of Chapter 12 (relating to Investigation and Preliminary Review), including §12.81 regarding Technical, Clerical or De Minimis Violations and §12.83 regarding Preliminary Review.
The TEC also adopts the repeal of all rules in Subchapter D of Chapter 12 (relating to Preliminary Review Hearing), including §12.84 regarding Notice of Preliminary Review Hearing, §12.85 regarding Preliminary Review Hearing, §12.86 regarding Motions for Continuance and §12.87 regarding Resolution of Preliminary Review Hearing.
The TEC also adopts the repeal of all rules in Division 1 of Subchapter E of Chapter 12 (relating to Formal Hearing: General Procedures), including §12.101 regarding Application and Construction, §12.102 regarding Order of Formal Hearing, §12.103 regarding Notice of Formal Hearing, §12.117 regarding Formal Hearing: Venue and §12.119 regarding Resolution after a Formal Hearing.
The TEC also adopts the repeal of all rules in Division 2 of Subchapter E of Chapter 12 (relating to Formal Hearing: Scheduling, Filing, and Service), including §12.121 regarding Prehearing Conferences, §12.123 regarding Scheduling Orders, §12.125 regarding Filing of Documents, and §12.127 regarding Service of Documents.
The TEC also adopts the repeal of all rules in Division 3 of Subchapter E of Chapter 12 (relating to Formal Hearing: Powers and Duties of Commission and Presiding Officer), including §12.131 regarding Powers and Duties of the Presiding Officer, and §12.133 regarding Orders From the Commission.
The TEC also adopts the repeal of all rules in Division 5 of Subchapter E of Chapter 12 (relating to Formal Hearing: Pleadings and Motions), including §12.151 regarding Required Form of Pleadings, §12.153 regarding Motions, Generally, and §12.155 regarding Motions for Continuance and to Extend Time.
The TEC also adopts the repeal of all rules in Division 6 of Subchapter E of Chapter 12 (relating to Formal Hearing: Hearings and Prehearing Conferences), including §12.161 regarding Time Allotted to Parties, §12.163 regarding Presentation of Evidence, §12.165 regarding Rules of Evidence, and §12.167 regarding Numbering of Exhibits.
The TEC also adopts the repeal of all rules in Division 7 of Subchapter E of Chapter 12 (relating to Formal Hearing: Disposition of Formal Hearing), including §12.171 regarding Standard of Proof, §12.173 regarding Default Proceedings, §12.174 regarding Summary Disposition, and §12.175 regarding Resolution of Formal Hearing.
This adoption, along with the contemporaneous adoption of new Subchapters and Divisions in Chapter 12, amends the rules used in sworn complaint proceedings at the Ethics Commission.
No comments were received regarding the proposed repeals of these rules.
SUBCHAPTER A. GENERAL PROVISIONS AND PROCEDURES
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404754
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
1 TAC §§12.51 - 12.53, 12.59, 12.61, 12.67
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404755
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404756
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404757
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
DIVISION 1. GENERAL PROCEDURES
1 TAC §§12.101 - 12.103, 12.117, 12.119
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404758
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
1 TAC §§12.121, 12.123, 12.125, 12.127
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404759
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404760
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
1 TAC §§12.151, 12.153, 12.155
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404761
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
1 TAC §§12.161, 12.163, 12.165, 12.167
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404762
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
1 TAC §§12.171, 12.173 - 12.175
The repealed rules are adopted under Texas Government Code §571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code and Chapter 571 of the Government Code.
The adopted repealed rules affect Subchapter E of Chapter 571 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404763
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: October 27, 2024
Proposal publication date: August 9, 2024
For further information, please call: (512) 463-5800
The Texas Ethics Commission (the Commission) adopts amendments to Texas Ethics Commission rules in Chapter 18. Specifically, the Commission amends §18.31, regarding Adjustments to Reporting Thresholds. The amendment is adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5613). The rule will not be republished.
Section 571.064(b) of the Government Code requires the Commission to annually adjust reporting thresholds upward to the nearest multiple of $10 in accordance with the percentage increase for the previous year in the Consumer Price Index for Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor. The laws under the Commission's authority that include reporting thresholds are Title 15 of the Election Code (campaign finance law), Chapter 305 of the Government Code (lobby law), Chapter 572 of the Government Code (personal financial statements), Chapters 302 and 303 of the Government Code (speaker election, governor for a day, and speaker's reunion day ceremony reports), and section 2155.003 of the Government Code (reporting requirements applicable to the comptroller).
The Commission first adopted adjustments to reporting thresholds in 2019, which were effective on January 1, 2020. These new adjustments, if adopted, will be effective on January 1, 2025, to apply to contributions and expenditures that occur on or after that date.
No public comments were received on this amended rule.
The amended rule is adopted under Texas Government Code Section 571.062, which authorizes the Commission to adopt rules to administer Title 15 of the Election Code, Chapters 302, 303, 305, 572, and section 2155.003 of the Government Code The amended rule affects Title 15 of the Election Code, Chapters 302, 303, 305, 572, and section 2155.003 of the Government Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 7, 2024.
TRD-202404774
Jim Tinley
General Counsel
Texas Ethics Commission
Effective date: January 1, 2025
Proposal publication date: August 2, 2024
For further information, please call: (512) 463-5800