PART 2. TEXAS ETHICS COMMISSION
CHAPTER 12. SWORN COMPLAINTS
SUBCHAPTER C. INVESTIGATION AND PRELIMINARY REVIEW
1 TAC §12.81
The Texas Ethics Commission (the commission) adopts an amendment to Texas Ethics Commission Rules §12.81, regarding sworn complaint allegations that are considered "technical, clerical, or de minimis" violations. The amendment is adopted without changes to the proposed text as published in the June 9, 2017, issue of the Texas Register (42 TexReg 2983), and will not be republished.
Current Texas Ethics Commission Rules §12.81 authorizes the executive director to resolve complaints containing certain types of allegations. Section 571.0631 of the Government Code requires the commission to adopt rules prescribing procedures for investigating and resolving technical and clerical violations of laws within the commission's jurisdiction. The rule creates a technical, clerical, or de minimis standard for purposes of violations in sworn complaints. The rule allows the executive director to determine whether all of the alleged violations in a sworn complaint meet that standard and to resolve those complaints by entering into an assurance of voluntary compliance or an agreed resolution with the respondent. The amendment to the rule would add to the list of technical, clerical, or de minimis allegations several additional types of allegations, including allegations related to political advertising, late or corrected reports, reporting violations, and certain other prohibited political contributions of relatively small amounts. The amendment furthers the purpose of the rule, which is to increase efficiency in resolving sworn complaints that allege only technical, clerical, or de minimis violations.
No public comments were received on this amended rule.
The amendment to §12.81 is adopted under Tex. Gov't Code §571.062 and §571.0631, which respectively authorize the commission to adopt rules concerning the laws administered and enforced by the commission and require the commission to adopt rules prescribing procedures for investigating and resolving technical and clerical violations of laws within the commission's jurisdiction.
The amendment to §12.81 affects §571.0631 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 July 14, 2017.
Texas Ethics Commission
Effective date: August 3, 2017
Proposal publication date: June 9, 2017
For further information, please call: (512) 463-5800