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Four Main Groups of Ethics Laws Title 15, Election Code Candidates, Officeholders, Political Committees, and Political Parties
Focus on first
Read the instruction guides before you complete a report and contact the Texas Ethics Commission if you are unclear, or if you have any questions about how to report anything.
www.ethics.state.tx.us
512/463-5800 800/325-8506
File a Campaign Treasurer Appointment. All candidates must file a FORM CTA. File a campaign treasurer appointment with the appropriate filing authority.
You are a candidate as long as you have an appointment of campaign treasurer on file.
A final report terminates your appointment of campaign treasurer. You may still need to file reports as an officeholder even if you are no longer a candidate.
File as a political committee before you exceed the $500 contribution/expenditure thresholds.
DO figure out what type of committee you are before you create the committee. There are two types.
General-Purpose Political Committee (GPAC) Specific-Purpose Political Committee (SPAC)
30-day
8-day pre-election report: $500 the 1st day, $100 each additional day
than $5,000 AND reimbursed in the same reporting period, then list ultimate payee
More
than $5,000 OR reimbursed in different reporting period, then treat as both an expenditure and also as a loan
DO NOT accept more than $100 in cash from one contributor in a reporting period. This applies to candidates, officeholders, and specific-purpose committees.
anonymous
DO NOT report VISA or other credit card companies as the payee. The payee is always the vendor who receives payment from the credit card company. The date of expenditure may vary but can always be reported as the date of charge.
DO NOT convert political contributions to the personal use of the candidate or officeholder.
Using your own $ on campaign? DO NOT forget to report it and if you intend to seek reimbursement from the campaign, DO NOT forget to indicate that on the report.
Bribery
As a public servant you commit the offense of bribery if you solicit, offer, or accept a benefit in exchange for a decision, opinion, vote, recommendation, or other exercise of official discretion. Penal Code 36.02
Honoraria Law
A public servant may not solicit, agree to accept, or accept an honorarium (payment) in consideration for services that would not have been requested but for the public servants official position.
i.e. you cannot accept a speaking fee if you were asked to speak because of your position as a public servant.
Prohibitions on Gifts
Most public servants are subject to one or more prohibitions on the acceptance of benefits.
Prohibitions on Gifts
A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of an agency may not accept a benefit from a person the public servant knows is interested in or likely to become interested in such a transaction.
Penal Code 36.08(d)
Non-cash items less than $50. Political contributions. Food, lodging, transportation, or entertainment if accepted as a guest.
A gift from a friend, relative, or business associate with whom you have a relationship independent of your official status. A payment for legitimate consideration in capacity other than a public servant.
Political Campaigns
Use of government time or government equipment to work on a persons political campaign is prohibited. See Ethics Advisory Opinion No. 172 (1993)
Using official information to acquire or assist another to acquire a pecuniary interest in any property, transaction, or enterprise. Speculating or aiding another to speculate on the basis of official information.
Disclosing or using the information to obtain a benefit or to harm another. Penal Code 39.06