PART 2. TEXAS ETHICS COMMISSION
CHAPTER 12. SWORN COMPLAINTS
SUBCHAPTER B. FILING AND INITIAL PROCESSING OF A COMPLAINT
The Texas Ethics Commission (the commission) adopts new §12.51, relating to the processing of non-compliant sworn complaints. The new §12.51 is adopted without changes to the proposed text as published in the June 22, 2012, issue of the Texas Register (37 TexReg 4483).
Complaints are required to comply with certain requirements. These requirements are meant to guarantee fairness and due process to all persons involved. If a complaint does not comply with the requirements, the complaint is rejected and by law the complainant is given 21 days to re-file a complying complaint.
One of the requirements is that a complaint must describe facts that, if true, would constitute a violation of a law under the commission's enforcement jurisdiction. Currently, a complaint is rejected if none of the allegations raised in a complaint comply with this requirement. A complaint is not rejected if it includes both allegations that comply with the requirement and allegations that do not comply with the requirement. In such instances, the notice of complaint identifies the allegations that do not comply.
Under the new §12.51, a complaint (that includes an allegation that does not comply with the requirement to provide facts that, if true, would constitute a violation of the law) would be rejected as a whole if the complainant has been previously notified that the alleged conduct is an invalid basis for an allegation. Additionally, in those instances, a complaint that is determined to be non-complying under the new §12.51 would be presumed to be a frivolous or bad faith complaint.
The aim of the new §12.51 is to reduce the amount of staff time necessary to process such complaints and to more quickly process complaints in which complainants have an incentive to take care to raise only valid allegations. The new §12.51 will also result in a more concise complaint for the respondent to address.
No comments were received regarding the proposed rule during the comment period.
The new §12.51 is adopted under Government Code, Chapter 571, §571.062, which authorizes the commission to adopt rules concerning the laws administered and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 6, 2012.
TRD-201204641
Natalia Luna Ashley
Special Counsel
Texas Ethics Commission
Effective date: September 26, 2012
Proposal publication date: June 22, 2012
For further information, please call: (512) 463-5800
SUBCHAPTER A. GENERAL RULES
The Texas Ethics Commission (the commission) adopts new §20.16, relating to notices sent by electronic mail. The new §20.16 is adopted without changes to the proposed text as published in the June 22, 2012, issue of the Texas Register (37 TexReg 4484).
Section 20.16 applies to persons required to file campaign finance reports with the commission. The campaign finance law requires the commission to notify commission filers of certain filing deadlines. By law, the notifications may be sent by electronic mail. Additionally, the law provides that if the commission is unable to notify a person of a deadline after two attempts, the commission is not required to make any further attempts to notify the person of that deadline or any future deadlines until the person has notified the commission of the person's current address or electronic mail address.
Under the new §20.16, a person required to file reports electronically must provide an e-mail address to which notices may be sent. A person not required to file reports electronically will have the option of participating in the e-mail notification program. If they do not participate, they will continue to receive paper notices.
No comments were received regarding the proposed rule during the comment period.
The new §20.16 is adopted under Government Code, Chapter 571, §571.062, which authorizes the commission to adopt rules concerning the laws administered and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 6, 2012.
TRD-201204642
Natalia Luna Ashley
Special Counsel
Texas Ethics Commission
Effective date: September 26, 2012
Proposal publication date: June 22, 2012
For further information, please call: (512) 463-5800
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Ethics Commission (the commission) adopts new §34.19, relating to notices sent by electronic mail. The new §34.19 is adopted without changes to the proposed text as published in the June 22, 2012, issue of the Texas Register (37 TexReg 4484).
Section 34.19 applies to persons required to register as a lobbyist. Unlike the campaign finance law, the lobby law does not require the commission to notify each person required to register as a lobbyist of notices regarding filing requirements under the lobby law. The commission, however, sends courtesy notices regarding these requirements.
Under the new §34.19, a person required to register as a lobbyist may provide an e-mail address to which courtesy notices may be sent. The commission will not be obligated to send notices to a person who does not provide an e-mail address.
No comments were received regarding the proposed rule during the comment period.
The new §34.19 is adopted under Government Code, Chapter 571, §571.062, which authorizes the commission to adopt rules concerning the laws administered and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 6, 2012.
TRD-201204643
Natalia Luna Ashley
Special Counsel
Texas Ethics Commission
Effective date: September 26, 2012
Proposal publication date: June 22, 2012
For further information, please call: (512) 463-5800