Texas Register, Volume 48, Number 45, Pages 6497-6654, November 10, 2023 Page: 6,507
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PROPOSED
Proposed rules include new rules, amendments to existing rules, and repeals of existing ru
LES A state agency shall give at least 30 days' notice of its intention to adopt a rule before
adopts the rule. A state agency shall give all interested persons a reasonable opportunity
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [ k
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not
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beTITLE 1. ADMINISTRATION
PART 2. TEXAS ETHICS COMMISSION
CHAPTER 18. GENERAL RULES
CONCERNING REPORTS
1 TAC 18.10
The Texas Ethics Commission (the Commission) proposes
amendments to Texas Ethics Commission Rules in Chapter
18. Specifically, the Commission proposes amendments to
18.10, regarding Guidelines for Substantial Compliance for a
Corrected/Amended 8-day Pre-election Report.
This proposal amends the rules used to determine whether an
otherwise timely filed 8-day pre-election report will be considered
late by virtue of correction. If a filer makes a correction to an
8-day pre-election report, the law requires the Commission to
review the correction to see if the report substantially complied
with the law as originally filed. Tex. Gov't Code 571.0771(c).
If a substantial correction is made to the report, the report is
considered filed as of the day of the correction. Since 8-day
reports are subject to an accruing penalty of $500 for the first day
late and $100 for each additional day after that up to $10,000,
a voluntary correction to an 8-day pre-election report can trigger
substantial fines. The filer must also affirm that the report was
filed in good faith and within 14 business days of learning of the
error or omission for the correction not to trigger a late penalty.
Id.
The 8-day reports are considered "critical" reports which provide
voters important information immediately before an election. The
law is designed to prevent a filer from filing an incomplete or inac-
curate report only to correct it later while evading any late filing
penalty. However, the Commission has an interest in encour-
aging voluntary corrections to good-faith errors or omissions in
reports. Knowing that a correction may trigger a hefty fine could
dissuade some filers from correcting their reports. The proposed
rule amendment attempts to strike a balance of encouraging cor-
rections for good-faith mistakes while preventing a person from
filing an inaccurate or incomplete report before an election.
The Commission currently decides whether a report substan-
tially complied as originally filed by using TEC Rule 18.10. If
a corrected 8-day report is determined to be late by virtue of cor-
rection, a filer may request that the fine be waived or reduced.
TEC Rule 18.10 provides a special set of criteria for reductions
or waivers of fines of 8-day reports that are late due to correc-
tion. The general rules for late reports, TEC Rule 18.23 through
18.26, are also applied to 8-day reports that are considered late
due to correction. The filer is given the more generous outcome.The proposed amendment raises the monetary threshold of what
would constitute a substantial correction. It also moves criteria
that would qualify a corrected report or a waiver into the deter-
mination of whether the report will be considered late because
of the correction. This provides a filer the waiver it would be en-
titled to under the current rules without having to file an affidavit
of defense.
This proposal is submitted concurrently with the proposed repeal
of 18.11, regarding Guidelines for Waiver or Reduction of a Late
Fine for a Corrected/Amended 8-day Pre-election Report, so that
waivers or reductions will be determined by the general rules for
late reports. This will clear up the ambiguity as to which set of
rules apply and create a simpler, more uniform set of rules for
late reports.
James Tinley, General Counsel, has determined that for the first
five-year period the proposed amended rule is in effect, there will
be no fiscal implications for state or local government as a result
of enforcing or administering the proposed amended rule.
The General Counsel has also determined that for each year
of the first five years the proposed amended rule is in effect,
the public benefit will be consistency and clarity in the Commis-
sion's rules regarding late fines for 8-day pre-election reports.
There will not be an effect on small businesses, microbusinesses
or rural communities. There is no anticipated economic cost to
persons who are required to comply with the proposed amended
rule.
The General Counsel has determined that during the first five
years that the proposed amended rule is in effect, it will not: cre-
ate or eliminate a government program; require the creation of
new employee positions or the elimination of existing employee
positions; require an increase in future legislative appropriations
to the agency; require an increase or decrease in fees paid to the
agency; expand, limit, or repeal an existing regulation; create a
new regulation; increase or decrease the number of individuals
subject to the rules' applicability; or positively or adversely affect
this state's economy.
The Commission invites comments on the proposed amended
rule from any member of the public. A written statement should
be emailed to public comment@ethics.state.tx.us, or mailed
or delivered to J.R. Johnson, Executive Director, Texas Ethics
Commission, P.O. Box 12070, Austin, Texas 78711-2070. A
person who wants to offer spoken comments to the Commis-
sion concerning the proposed amended rule may do so at
any Commission meeting during the agenda item relating to
the proposed amended rule. Information concerning the date,
time, and location of Commission meetings is available by
telephoning (512) 463-5800 or on the Commission's website at
www.ethics.state.tx.us.PROPOSED RULES November 10, 2023 48 TexReg 6507
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Texas. Secretary of State. Texas Register, Volume 48, Number 45, Pages 6497-6654, November 10, 2023, periodical, November 10, 2023; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1628491/m1/11/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.