| (A) An expenditure is made in connection with a campaign
for an elective office if it is:
(i) made for a communication that expressly advocates
the election or defeat of a clearly identified candidate by:
(I) using such words as "vote for," "elect," "support,"
"vote against," "defeat," "reject," "cast your ballot for," or "Smith
for city council;" or
(II) using such phrases as "elect the incumbent" or
"reject the challenger," or such phrases as "vote pro-life" or "vote
pro-choice" accompanied by a listing of candidates described as "pro-life"
or "pro-choice;"
(ii) made for a communication broadcast by radio, television,
cable, or satellite or distributed by print or electronic media, including
any print publication, mailing, Internet website, electronic mail,
or automated phone bank, that:
(I) refers to a clearly identified candidate;
(II) is distributed within 30 days before a contested
election for the office sought by the candidate;
(III) targets a mass audience or group in the geographical
area the candidate seeks to represent; and
(IV) includes words, whether displayed, written, or
spoken; images of the candidate or candidate's opponent; or sounds
of the voice of the candidate or candidate's opponent that, without
consideration of the intent of the person making the communication,
are susceptible of no other reasonable interpretation than to urge
the election or defeat of the candidate;
(iii) made by a candidate or political committee to
support or oppose a candidate; or
(iv) a campaign contribution to:
(I) a candidate; or
(II) a group that, at the time of the contribution,
already qualifies as a political committee.
(B) An expenditure is made in connection with a campaign
on a measure if it is:
(i) made for a communication that expressly advocates
the passage or defeat of a clearly identified measure by using such
words as "vote for," "support," "vote against," "defeat," "reject,"
or "cast your ballot for;"
(ii) made for a communication broadcast by radio, television,
cable, or satellite or distributed by print or electronic media, including
any print publication, mailing, Internet website, electronic mail,
or automated phone bank, that:
(I) refers to a clearly identified measure;
(II) is distributed within 30 days before the election
in which the measure is to appear on the ballot;
(III) targets a mass audience or group in the geographical
area in which the measure is to appear on the ballot; and
(IV) includes words, whether displayed, written, or
spoken, that, without consideration of the intent of the person making
the communication, are susceptible of no other reasonable interpretation
than to urge the passage or defeat of the measure;
(iii) made by a political committee to support or oppose
a measure; or
(iv) a campaign contribution to a group that, at the
time of the contribution, already qualifies as a political committee.
(C) Any cost incurred for covering or carrying a news
story, commentary, or editorial by a broadcasting station or cable
television operator, Internet website, or newspaper, magazine, or
other periodical publication, including an Internet or other electronic
publication, is not a campaign expenditure if the cost for the news
story, commentary, or editorial is not paid for by, and the medium
is not owned or controlled by, a candidate or political committee.
(D) For purposes of this section:
(i) a candidate is clearly identified by a communication
that includes the candidate's name, office sought, office held, likeness,
photograph, or other apparent and unambiguous reference; and
(ii) a measure is clearly identified by a communication
that includes the measure's name or ballot designation (such as "Proposition
1"), purposes, election date, or other apparent and unambiguous reference.
(19) Discount--The provision of any goods or services
without charge or at a charge which is less than fair market value.
A discount is an in-kind political contribution unless the terms of
the transaction reflect the usual and normal practice of the industry
and are typical of the terms that are offered to political and non-political
persons alike, or unless the discount is given solely in order to
comply with §253.041 of the Election Code. The value of an in-kind
contribution in the form of a discount is the difference between the
fair market value of the goods or services at the time of the contribution
and the amount charged.
(20) School district--For purposes of §254.130
of the Election Code and §§20.3 (relating to Reports Filed
with the Commission), 20.7 (relating to Reports Filed with Other Local
Filing Authority), and 20.315 (relating to Termination of Campaign
Treasurer Appointment) of this title, the term includes a junior college
district or community college district.
(21) Vendor--Any person providing goods or services
to a candidate, officeholder, political committee, or other filer
under this chapter. The term does not include an employee of the candidate,
officeholder, political committee, or other filer.
(22) Hybrid committee--A political committee that,
as provided by section 252.003(a)(4) (relating to contents of a general-purpose
committee's campaign treasurer appointment) or 252.0031(a)(2) (relating
to a specific-purpose committee's campaign treasurer appointment)
of the Election Code, as applicable, has filed a campaign treasurer
appointment that includes an affidavit stating that:
(A) the committee is not established or controlled
by a candidate or an officeholder; and
(B) the committee will not use any political contribution
from a corporation or a labor organization to make a political contribution
to:
(i) a candidate for elective office;
(ii) an officeholder; or
(iii) a political committee that has not filed an affidavit
in accordance with this section.
(23) Direct campaign expenditure-only committee--A
political committee, as authorized by section 253.105 of the Election
Code (relating to political contributions to direct campaign expenditure-only
committees) to accept political contributions from corporations or
labor organizations, that:
(A) is not established or controlled by a candidate
or an officeholder;
(B) makes or intends to make direct campaign expenditures;
(C) does not make or intend to make political contributions
to:
(i) a candidate;
(ii) an officeholder;
(iii) a specific-purpose committee established or controlled
by a candidate or an officeholder; or
(iv) a political committee that makes or intends to
make political contributions to a candidate, an officeholder, or a
specific-purpose committee established or controlled by a candidate
or an officeholder; and
(D) has filed an affidavit with the commission stating
the committee's intention to operate as described by subparagraphs
(B) and (C) of this paragraph.
|
| Source Note: The provisions of this §20.1 adopted to be effective December 31, 1993, 18 TexReg 9714; amended to be effective October 4, 1994, 19 TexReg 7433; amended to be effective August 6, 2006, 31 TexReg 5910; amended to be effective November 18, 2007, 32 TexReg 8305; amended to be effective September 1, 2013, 38 TexReg 5697; amended to be effective November 19, 2014, 39 TexReg 8957; amended to be effective October 26, 2015, 40 TexReg 7391; amended to be effective October 27, 2015, 40 TexReg 7392; amended to be effective December 24, 2015, 40 TexReg 9111; amended to be effective June 22, 2016, 41 TexReg 4429; amended to be effective January 1, 2018, 42 TexReg 5665;amended to be effective March 30, 2020, 45 TexReg 2155; amended to be effective July 13, 2020, 45 TexReg 4737; amended to be effective July 13, 2021, 46 TexReg 4131 |
