TEXAS ETHICS COMMISSION
P.O. Box 12070, Austin, Texas 78711-2070
(512) 463-5800

Cullen R. Looney, Interim Chair, Vice Chair  

Raymond R. "Tripp" Davenport, III

Ross Fischer

Tom Harrison

 Francisco Hernandez

Wales H. Madden, III

David Montagne

Nicholas C. Taylor

AGENDA


Date and Time:
9:00 a.m. on Friday, January 13, 2006
Location:
Room E1.010, Capitol Extension, Austin, Texas

For more information, contact David A. Reisman, Executive Director, at (512) 463-5800


1. Call to order; roll call.

2. Comments by the commissioners.

3. Election of chair and vice chair of the Texas Ethics Commission.

4. Comments from Chair of Task Force, Commissioner Ross Fischer.

5. Comments by the executive director.

6. Communication to the commission from the public.

7. Approve minutes of the November 2, 2005, meeting.

8. Discussion and possible action regarding an amendment to local government form "Conflict of Interest Questionnaire" (Form CIQ). The form was created as required by H.B. 914, 79th Legislature, Regular Session.

9. Discussion and possible action on the approval of a format for electronic filing, including signature requirements of Form CIQ, as proposed by the City of College Station, Texas.

10. Briefing, discussion, and possible action to waive or reduce certain penalties assessed for late filing of campaign finance reports, lobby reports, or personal financial statements.

11. Briefing, discussion, and possible action to waive or reduce late-filing penalties in connection with certain corrected reports or to determine whether certain corrected reports as originally filed substantially complied with the applicable law.

12. Discussion and possible action regarding the termination of campaign treasurer appointments of an inactive candidate and an inactive political committee.

Discussion and possible action in response to the following Advisory Opinion Requests:

The draft of the following proposed opinions are prepared by Ethics Commission staff and are available for review at the commission’s office.Please note that a staff-proposed draft of an opinion may be revised without notice and at any time before the opinion is adopted by the commission.

13. AOR 530: The Texas Ethics Commission has been asked to consider whether certain corporate expenditures for a lobbyist to attend a political fundraiser golf tournament are permissible.

This opinion construes chapter 305 of the Government Code and title 15 of the Election Code.

14. AOR-529: The Texas Ethics Commission has been asked to consider whether a member of the legislature is subject to any restrictions or reporting requirements in connection with his or her efforts to raise the profile and raise funds, including the solicitation of funds from potential private donors, for a Texas non-profit corporation and whether the corporation may pay the legislator’s expenses related to those efforts.

This opinion construes chapter 305 of the Government Code, title 15 of the Election Code, and chapter 36 of the Penal Code.

15. AOR-531: The Texas Ethics Commission has been asked to consider whether corporate expenditures for minimal time spent by a corporate employee to deliver a committee check in person at a local campaign event held in the same locale as the employee lives and during normal working hours are permissible under title 15 of the Election Code.

This opinion construes section 253.100(a) of the Election Code.

16. Public discussion and possible action on the adoption and publication in the Texas Register of an amendment to Ethics Commission Rule§ 6.5 (Authority to Adopt Rules).

17. Public discussion and possible action on the adoption and publication in the Texas Register of an amendment to Ethics Commission Rule§ 18.23 (Administrative Waiver of Fine). The amendment would extend the reasons for which the executive director may administratively waive a late fine assessed in connection with a personal financial statement.

18. Public discussion and possible action on the adoption and publication in the Texas Register of a rule and amendments to Ethics Commission Rules §§ 20.434 (Alternate Reporting Requirements for General-Purpose Committees), 20.417 (Termination Report), 20.431 (Monthly Reporting), and 20.441 (Contents of Dissolution Report). The rule and the amendments clarify the alternative reporting requirement for general-purpose political committees set out in H.B. 1664, 79th Legislature, Regular Session.

19. Public discussion and possible action on the adoption and publication in the Texas Register of amendments to Ethics Commission Rules § § 20.553 (County Executive Committee Accepting Contributions or Making Expenditures Totaling $5,000 or Less) and 20.555 (County Executive Committee Accepting Contributions or Making Expenditures That Exceed $5,000) relating to the thresholds triggering county executive committees to file a campaign treasurer appointment and campaign finance reports. The rules reflect changes pursuant to H.B. 1647, 79th Legislature, Regular Session.

20. Public discussion and possible action on the adoption and publication in the Texas Register of the repeal of Ethics Commission Rule § 22.25 (Maintenance of Political Contributions in Bank Accounts) relating to the maintenance of political contributions in bank accounts.

21. Public discussion and possible action on the proposal and publication in the Texas Register of an amendment to Ethics Commission Rule§ 50.1 ( Legislative Per Diem) relating to the legislative per diem required to be set under Article III, Section 24a, of the Texas Constitution.

22. Public discussion and possible action on the proposal and publication in the Texas Register of the amendments to twenty-three Ethics Commission rules reflecting the name change of reports, that are required to be filed within nine days of an election, from telegram reports to special pre-election reports. H.B. 350, 79th Legislature, Regular Session.

23. Public discussion and possible action on the proposal and publication in the Texas Register of the repeal of Ethics Commission Rule § 24.13(d) ( Expenditures for a General-Purpose Committee), that excludes from reporting certain corporate expenditures. H.B. 1606, 78th Legislature, Regular Session.

24. Public discussion and possible action on the proposal and publication in the Texas Register of the repeal of Ethics Commission Rule § 18.9(c) (Corrected Reports), which relates to corrected reports.

25. Public discussion and possible action on the proposal and publication in the Texas Register of the repeal of Ethics Commission Rule § 18.11 ( Substantial Compliance), that defines substantial compliance regarding corrected reports.

26. Adjourn.

CERTIFICATION: I certify that I have reviewed this document and that it conforms to all applicable Texas Register filing requirements.

Certifying Official: David A. Reisman, Executive Director

Agency Liaison: Natalia Luna Ashley, General Counsel

NOTICE: Under the Americans with Disabilities Act, an individual with a disability must have an equal opportunity for effective communication and participation in public meetings. Upon request, the Texas Ethics Commission will provide auxiliary aids and services, such as interpreters for the deaf and hearing impaired, readers, and large print or Braille documents. In determining the type of auxiliary aid or service, the commission will give primary consideration to the individual's request. Those requesting auxiliary aids or services should notify Margie Castellanos at (512) 463-5800, (800) 325-8506, or RELAY Texas (800) 735-2989 two days before this meeting so that appropriate arrangements can be made. Please also contact Ms. Castellanos if you need assistance in having English translated into Spanish.