1 Tex. Admin. Code § 20.220

Current through Register Vol. 49, No. 48, November 29, 2024

Section 20.220 - Additional Disclosure for the Texas Comptroller of Public Accounts

(a) For purposes of this section and § 2155.003(e) of the Government Code, the term "vendor" means:

(1) a person, who during the comptroller's term of office, bids on or receives a contract under the comptroller's purchasing authority that was transferred to the comptroller by § 2151.004 of the Government Code; and

(2) an employee or agent of a person described by subsection (a)(1) of this section who communicates directly with the chief clerk, or an employee of the Texas Comptroller of Public Accounts who exercises discretion in connection with the vendor's bid or contract, about a bid or contract.

(b) Each report filed by the comptroller, or a specific-purpose committee created to support the comptroller, shall include:

(1) for each vendor whose aggregate campaign contributions equal or exceed the amount specified by Figure 5 in 1 TAC § 18.31 during the reporting period, a notation that:

(A) the contributor was a vendor during the reporting period or during the 12- month period preceding the last day covered by the report; and

(B) if the vendor is an individual, includes the name of the entity that employs or that is represented by the individual; and

(2) for each political committee directly established, administered, or controlled by a vendor whose aggregate campaign contributions equal or exceed the amount specified by Figure 5 in 1 TAC § 18.31 during the reporting period, a notation that the contributor was a political committee directly established, administered, or controlled by a vendor during the reporting period or during the 12-month period preceding the last day covered by the report.

(c) The comptroller, or a specific-purpose committee created to support the comptroller, is considered to be in compliance with this section if:

(1) each written solicitation for a campaign contribution includes a request for the information required by subsection (b) of this section; and

(2) for each contribution that is accepted for which the information required by this section is not provided at least one oral or written request is made for the missing information. A request under this subsection:

(A) must be made not later than the 30th day after the date the contribution is received;

(B) must include a clear and conspicuous statement requesting the information required by subsection (b) of this section;

(C) if made orally, must be documented in writing; and

(D) may not be made in conjunction with a solicitation for an additional campaign contribution.

(d) The comptroller, or a specific-purpose committee created to support the comptroller, must report the information required by subsection (b) of this section that is not provided by the person making the political contribution and that is in the comptroller's or committee's records of political contributions or previous campaign finance reports required to be filed under Title 15 of the Election Code filed by the comptroller or committee.

(e) If the comptroller, or a specific-purpose committee created to support the comptroller, receives the information required by this section after the filing deadline for the report on which the contribution is reported the comptroller or committee must include the missing information on the next required campaign finance report.

(f) The disclosure required under subsection (b) of this section applies only to a contributor who was a vendor or a political committee directly established, administered, or controlled by a vendor on or after September 1, 2007.

1 Tex. Admin. Code § 20.220

The provisions of this §20.220 adopted to be effective March 17, 2008, 33 TexReg 2285; Amended by Texas Register, Volume 44, Number 51, December 20, 2019, TexReg 7881, eff. 1/1/2020; Amended by Texas Register, Volume 45, Number 48, November 27, 2020, TexReg 8512, eff. 1/1/2021; Amended by Texas Register, Volume 46, Number 53, December 31, 2021, TexReg 9234, eff. 1/3/2022; Amended by Texas Register, Volume 47, Number 41, October 14, 2022, TexReg 6822, eff. 1/1/2023; Amended by Texas Register, Volume 48, Number 44, November 3, 2023, TexReg 6463, eff. 1/1/2024