Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008 Page: 15
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administering the rules as proposed. The cost is undetermined
as of this date. There will be no fiscal implications to local gov-
ernment and no local employment impact.
Mr. Reisman has also determined that for each year of the first
five years the rules are in effect, the anticipated public benefit
will be clarity in what is required by the law.
Mr. Reisman has also determined there will be no direct ad-
verse effect on small businesses or micro-businesses because
the rules do not apply to single businesses.
Mr. Reisman has further determined that there are no economic
costs to persons required to comply with the rules.
The Texas Ethics Commission invites comments on the pro-
posed rules from any member of the public. 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 date, time, and
location of commission meetings is available by telephoning
(512) 463-5800 or, toll free, (800) 325-8506.
The proposed new 45.1, 45.3, 45.5, 45.7, and 45.9 are pro-
posed under Government Code, Chapter 571, 571.062, which
authorizes the commission to adopt rules concerning the laws
administered and enforced by the commission.
The proposed new 45.1, 45.3, 45.5, 45.7, and 45.9 affects
2152.064 and 2155.003 of the Government Code.
45.1. Application.
This chapter applies to 2152.064 and 2155.003 of the Government
Code.
45.3. Definitions.
(a) Section 2155.003 of the Government Code applies to:
(1) the chief clerk; and
(2) an employee who exercises discretion in connection
with a contract, payment, claim, or other pecuniary transaction under
the comptroller's purchasing authority.
(b) Under 2155.003 of the Government Code the following
words and terms shall have the following meanings:
(1) "Chief clerk" and "employee" includes the spouse or
dependent child of the chief clerk or employee.
(2) "Have an interest in" or "in any manner be connected
with," is limited to the purchasing authority that was transferred to the
comptroller by 2151.004 of the Government Code, and means a right,
share, equitable or legal claim to, or pecuniary interest in, a contract
or bid but does not include 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.
(3) "Value," "reward," and "compensation" includes any-
thing with a monetary value of $5 or more.
45.5. Definitions.
(a) Section 2152.064 of the Government Code applies to:(1) a commission member and appointee; and
(2) to an employee who exercises discretion in connection
with a contract, payment, claim, or other pecuniary transaction under
2152.064 of the Government Code, or in connection with state surplus
or salvage property.
(b) Under 2152.064 of the Government Code the following
words and terms shall have the following meanings:
(1) "Commission member," "appointee," and "employee"
includes the spouse or dependent child of a commission member, ap-
pointee, or employee.
(2) "Have an interest in" or "in any manner be connected
with," means a right, share, equitable or legal claim to, or pecuniary
interest in, a contract or bid, or a recipient of state surplus or salvage
property under control of the commission, but does not include own-
ership 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.
(3) "Value," "reward," and "compensation" includes any-
thing with a monetary value of $5 or more.
45.7. Rebates.
(a) The term "rebate" includes a discount, return, or refund of
money.
(b) The chief clerk or an employee of the comptroller is not
prohibited from accepting a rebate that is offered or given on the same
terms to all state employees or to the general public.
45.9. Rebates.
(a) The term "rebate" includes a discount, return, or refund of
money.
(b) An employee, appointee, or commission member of the
Texas Facilities Commission is not prohibited from accepting a rebate
that is offered or given on the same terms to all state employees or to
the general public.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.Filed with the Office of the Secretary of State on December 21,
2007.
TRD-200706572
Natalia Luna Ashley
General Counsel
Texas Ethics Commission
Earliest possible date of adoption: February 3, 2008
For further information, please call: (512) 463-5800
PART 3. OFFICE OF THE ATTORNEY
GENERAL
CHAPTER 57. RENTAL-PURCHASE ACT
COMPLIANCE
1 TAC 57.1
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the Office ofPROPOSED RULES January 4, 2008 33 TexReg 15
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Texas. Secretary of State. Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008, periodical, January 4, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90775/m1/14/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.