2019 Candidate Packet (2)Now
May 7, 2019
Dear Prospective Candidate:
Thank you for your consideration to offer your services to the citizens of Schertz by becoming a candidate
for this year's municipal election. Your candidacy entails the obligation to comply with certain applicable
state statutes and local ordinances. In an effort to assist you, I have prepared a "Candidate's Packet" with
the necessary forms and pertinent instructions. I urge you to read this letter and the enclosed /attached
material prior to filling out the specific forms.
All candidates for office in the City of Schertz must meet all the qualifications to serve on the City Council as
listed in Section 4.02 of the Charter as follows:
1. Must, have attained the age of eighteen or older on the first day of the term of office applied for.
2. Be a registered voter of the City of Schertz.
3. Have been a resident of the City for at least twelve consecutive months immediately preceding the
deadline for filing for an application for a place on the ballot.
Please be aware that the terms of office for the Mayor's position and Councilmembers of Places 1 and 2 are
up for re- election. The term of office for these three positions is three years and is from November 2019 to
November 2022.
With regards to election forms, please be aware that Section 254.036 of the Election Code requires that all
forms regarding financial reporting be written in black ink or typed with black typewriter ribbon unless the
report is a computer printout. If the report is a computer printout, the printout must conform to the same
format and paper size as the form prescribed by the commission.
Forms and information for the 2019 City of Schertz City General Election for City Officials are
enclosed /attached, as well as on our website w.schertz.com. The first two forms listed below are the
documents you need to submit when you file for office. I cannot over emphasize the importance of
adherina to the financial reportina procedures. Camoaian resorts are considered oxen records and
will be viewed as such by reporters and opponents alike.
(1) One copy of an Application for a place on the City of Schertz General Election Ballot
(bilingual). The loyalty oath is included on this application and must be notarized. There are two
notaries in my office to assist you if you need this service.
(2) One copy of Appointment of a Campaign Treasurer By a Candidate (Form CTA), together with
Form CTA - Instruction Guide. The Form CTA should be filed in my office at the same time as
the above application. Please note the statement that must be signed regarding the nepotism law.
A summary of the nepotism law is in the CTA Instruction Guide.
One copy of Amendment: Appointment of a Campaign Treasurer by a Candidate (Form
ACTA) and Form ACTA — Instruction Guide. Use this form for changing information previously
reported on Form CTA and for renewing your choice to report under the modified schedule. The
information you enter on this form will replace the information from your previous Appointment of a
Campaign Treasurer by a Candidate form (CTA).
1400 Schertz Parkway IT Schertz, `texas 78154 210.61 .1000 ' r u ..,, 7m
NOW
The Application and the Appointment of a Campaign Treasurer listed forms must be filed in
my office no earlier than 8:00 a.m., Monday, July 22, 2019, and no later than 5:00 p.m.,
Monday, August 19, 2019. There is a $25 filing fee. Each application must be carefully
reviewed to determine whether it complies with the Election Code requirements as to
content. Please file your application as soon as practicable to allow sufficient time for this
review.
(3) One copy of Candidate /Officeholder Campaign Finance Report (Form C /0% together with
Form C /OH - Instruction Guide. The form C /OH is to be completed by the candidate or the
candidate's campaign treasurer (but signed only by the candidate). This is to be filed in my office
on the dates specified on the form and on the election calendar. Form C /OH -FR,
Campaign /Officeholder Report: Designation of Final Report is the last page attached to Form
C /OH. This form is to be filed when you are no longer receiving or spending political contributions.
A complete Form CO /H (Candidate /Officeholder Campaign Finance Report) must be filed when
you file the Designation of Final Report. The instructions on how to file the Final Report are in the
Instruction Guide for Form C /OH. Also included is the Texas Ethics Commission guide Campaign
Finance Guide for Candidates and officeholders who file with Local Filing Authorities.
(4) One copy of Candidate /Officeholder Report of Unexpended Contributions (Form C /OH -UC)
and the Form C /OH -UC — Instruction Guide. The form C /OH -UC is for filing either an annual
report of unexpended contributions or a report of the final disposition of unexpended contributions.
(5) A copy of the Texas Ethics Commission's Code of Fair Campaign Practices Form CFCP and
Chapter 258, Election Code. This form may be signed voluntarily and is not mandatory.
(6) A copy of the Texas Ethics Commission 2019 Filing Schedule For Reports due in connection
with Elections held on uniform Election Dates. In this schedule, you will find information
regarding the November 5, 2019 election. Any questions on reporting procedures, contributions, or
expenditures should be addressed to the Texas Ethics Commission at (800) 325 -8506 or (512)
463 -5800.
(7) A copy of Texas Ethics Commission Notice to Local Filing Authorities
(8) A copy of the Texas Ethics Commission's Political Advertising, What You Need To Know.
(9) A copy of the Rules for Posting Campaign Signs fact sheet regarding political sign placement
and time limits and a copy of the City of Schertz UDC Sec. 21.11.5 Exempted Signs.
(10) A copy of the Election Calendar for a City's General Election on November 5, 2019. This
calendar provides dates for actions that are necessary for the general election of city offices to be
held on November 5, 2019.
(11) One copy of the City Charter (Or obtain off the City Website)
(12)
(13) City Council Rules of Conduct Procedure.
(14) City Council Code of Ethics.
141 1 Schedz Parkway A- Schertz, Texas 78154 210-619-1000
-2-
NOW
It is your duty to become familiar with the laws applicable to campaigning for office. Regarding the filing of
candidate /officeholder reports, the City Secretary is limited to accepting and filing the various applications,
affidavits, and /or statements, and noting the date and time of filing thereon. Should you have any questions
regarding reporting procedures, contributions, or expenditures, please call the Texas Ethics Commission at
(800) 325 -8506 or (512) 463 -5800, or go online at www.ethics.state.tx.us.
You may direct questions about election laws to the Secretary of State at (800) 252 -8683 or (512) 463 -5650,
or go online at w.sos.state.tx.us . Please note that a copy of the current Texas Election Code is on file in
my office, and you are more than welcome to stop by and review it during regular business hours.
Groups or committees that are advertising or campaigning for a candidate or for /against a specific measure
(propositions on the ballot) are called Specific Purpose Committees and must file specific forms (SPAC) with
the City Secretary at different times throughout the year. These groups are required to appoint a campaign
treasurer before accepting or expending any funds. The forms and instructions are in my office, and I will
make them available to you or to your committee's representative upon request. If you prefer, you can
download the forms yourself from the Texas Ethics Commission's website at www.ethics.state.tx.us.
The City Secretary's office is open to assist you. Your interest in municipal government is appreciated, and
I trust that this will be a positive and exciting experience for you and your supporters. If you have any
concerns or if I may be of assistance, do not hesitate to contact me at 210.619.1030, via email at:
bdennisschertz.com, or come by my office. My best wishes to you!
Sincerely,
Brenda Dennis
Brenda Dennis, TRMC, MMC, CPM
City Secretary
1400 Schertz Parkway R Schertz, Texas 78184 210.619.1000
„
-3-
2 -21
Prescribed by Secretary of State
Section 141.031, Chapters 143 and 144, Texas Election Code
1/2017
ALL INFORMATION IS REQUIRED TO BE PROVIDED UNLESS INDICATED OPTIONAL
APPLICATION FOR A PLACE ON THE GENERAL ELECTION BALLOT
TO: City Secretary /Secretary of Board
I request that my name be placed on the above -named official ballot as a candidate for the office indicated below.
OFFICE SOUGHT (Include any place number or other distinguishing number, if any.)
INDICATE TERM
OFULL
❑ UNEXPIRED
FULL NAME (First, Middle, Last)
PRINT NAME AS YOU WANT IT TO APPEAR ON THE BALLOTI
PERMANENT RESIDENCE ADDRESS (Do not include a P.O. Box or Rural
PUBLIC MAILING ADDRESS (Campaign mailing address, if available.)
Route. If you do not have a residence address, describe the address
at which you receive personal mail and location of residence.)
CITY
STATE
ZIP
CITY
STATE
ZIP
PUBLIC EMAIL ADDRESS (If available)
OCCUPATION (Do not leave blank)
DATE OF BIRTH
VOTER REGISTRATION VUID
NUMBER (Optional) 2
TELEPHONE CONTACT INFORMATION (Optional)
LENGTH OF CONTINUOUS RESIDENCE
AS OF DATE APPLICATION SWORN
Home:
IN STATE
IN TERRITORY FROM WHICH THE
OFFICE SOUGHT IS ELECTED
Work:
year (s)
year (s)
Cell:
month(s)
month(s)
If using a nickname as part of your name to appear on the ballot, you are also signing and swearing to the following statements: 1 further swear
that my nickname does not constitute a slogan nor does it indicate a political, economic, social, or religious view or affiliation. I have been
commonly known by this nickname for at least three years prior to this election.
Before me, the undersigned authority, on this day personally appeared (name) who being by me
here and now duly sworn, upon oath says:
"I, (name) of County, Texas, being a
candidate for the office of swear that I will support and defend the Constitution and laws
of the United States and of the State of Texas. I am a citizen of the United States eligible to hold such office under the constitution and laws of
this state. I have not been finally convicted of a felony for which I have not been pardoned or had my full rights of citizenship restored by other
official action. I have not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or
partially mentally incapacitated without the right to vote. I am aware of the nepotism law, Chapter 573, Government Code.
I further swear that the foregoing statements included in my application are in all things true and correct."
X
SIGNATURE OF CANDIDATE
Sworn to and subscribed before me at this the day of
SEAL
Signature of Officer Administering Oath Title of Officer Administering Oath
TO BE COMPLETED BY CITY SECRETARY OR SECRETARY OF BOARD:
(See Section 1.007)
Date Received Signature of Secretary
Voter Registration Status Verified El
2 -21
Prescribed by Secretary of State
Section 141.031, Chapters 143 and 144, Texas Election Code
10/2016
INSTRUCTIONS
An application to have the name of a candidate placed on the ballot for any general election may not be filed earlier than 30 days
before the deadline prescribed by this code for filing the application. An application filed before that day is void. All fields must be
completed unless specifically marked optional.
The general election filing deadline is 5:00 p.m. 78 days prior to election day for any uniform election date.
If you have questions about the application, please contact the Secretary of State's Elections Division at 800 - 252 -8683.
NEPOTISM LAW
The candidate must sign this statement indicating his awareness of the nepotism law. The nepotism prohibitions of chapter 573,
Government Code, are summarized below:
No officer may appoint, or vote for or confirm the appointment or employment of any person related within the second degree
by affinity (marriage) or the third degree by consanguinity (blood) to himself, or to any other member of the governing body or
court on which he serves when the compensation of that person is to be paid out of public funds or fees of office. However,
nothing in the law prevents the appointment, voting for, or confirmation of anyone who has been continuously employed in the
office or employment for the following period prior to the election or appointment of the officer or member related to the
employee in the prohibited degree: six months, if the officer or member is elected at the general election for state and county
officers.
No candidate may take action to influence an employee of the office to which the candidate is seeking election or an employee or
officer of the governmental body to which the candidate is seeking election regarding the appointment or employment of a
person related to the candidate in a prohibited degree as noted above. This prohibition does not apply to a candidate's actions
with respect to a bona fide class or category of employees or prospective employees.
Examples of relatives within the third degree of consanguinity are as follows:
(1) First degree: parent, child;
(2) Second degree: brother, sister, grandparent, grandchild;
(3) Third degree: great - grandparent, great - grandchild, uncle, aunt, nephew, niece.
These include relatives by blood, half - blood, and legal adoption. Examples of relatives within the second degree of affinity are as
follows:
(1) First degree: spouse, spouse's parent, son -in -law, daughter -in -law;
(2) Second degree: brother's spouse, sister's spouse, spouse's brother, spouse's sister, spouse's grandparent.
Persons related by affinity (marriage) include spouses of relatives by consanguinity, and, if married, the spouse and the spouse's
relatives by consanguinity. These examples are not all inclusive.
FOOTNOTES
For rules concerning the form of a candidate's name or nickname on the ballot, see Subchapter B, Chapter 52 of the Texas
Election Code.
2Inclusion of a candidate's VUID is optional. However, many candidates are required to be registered voters in the territory from
which the office is elected at the time of the filing deadline. Please visit the Elections Division of the Secretary of State's website
for additional information. htt : www.sos.state.tx.us elections laws hb484 -fa .shtml
3This refers to the length of residence inside the district or territory from which the office is elected. For example, length of
residence in a school district, for a school trustee office elected at large. This field MUST BE COMPLETED.
4All oaths, affidavits, or affirmations made within this State may be administered and a certificate of the fact given by a judge,
clerk, or commissioner of any court of record, a notary public, a justice of the peace, city secretary (for a city office), and the
Secretary of State of Texas.
2 -21
Prescrito per el Secretario de Estado
Seccion 141.031, Capitulos 143 y 144, Codigo Electoral de Texas
1/2017
DEBE PROPORCIONARSE LA INFORMACION REQUERIDA A MENOS QUE SE INDIQUE QUE ES OPCIONAL
SOLICITUD PARA FIGURAR EN LA BOLETA DE ELECCION GENERAL
A: Secretario(a) de la Ciudad/ Secretario del Consejo
Solicito que mi nombre figure en la boleta oficial indicada mas arriba como candidato /a al cargo a continuacion.
PUESTO OFICIAL SOLICITADO (Incluya cualquier numero de cargo u otro numero distintivo, si el cargo to
INDIQUE TERMINO
tiene.)
TERMING COMPLETO
❑TERMINO INCOMPLETO
NOMBRE COMPLETO (Primer nombre, segundo nombre, apellido)
ESCRIBA SU NOMBRE COMO DESEA QUE FIGURE EN LA BOLETA'
DIRECCION RESIDENCIAL PERMANENTE (No incluya una casilla postal
DIRECCION POSTAL PUBLICA (Direccion en la que recibira
o una ruta rural. Si usted no tiene una direccion residencial, describa
correspondencia relacionada a su campana, si es disponible.)
el lugar en que recibe correspondencia personal y la ubicacion de su
residencia.)
CIUDAD
ESTADO
CODIGO POSTAL
CIUDAD
ESTADO
CODIGO POSTAL
CORREO ELECTRONICO PUBLICO (Si esta
EMPLEO (No deje este espacio en
FECHA DE NACIMIENTO
VUID — NUMERO UNICO DE
disponible.)
blanco.)
IDENTIFICACION DE
VOTANTE (Opcional)z
INFORMACION DE CONTACTO (Optional)
DURACION DE RESIDENCIA CONTINUA AL MOMENTO DE JURAMENTAR ESTA
Tel. residencial:
SOLICITUD
EN EL ESTADO
EN EL TERRITORIO POR EL
Tel. laboral:
CUAL SERIA ELECTO /A3
ano(s)
ano(s)
Tel. celular:
mes(es)
mes(es)
En caso de usar un apodo Como parte de su nombre en la boleta, usted tambisn firma y jura to siguiente: Asimismo, juro que mi apodo no
constituye un lema politico ni tampoco es una indicacion de mis creencias o afiliaciones politicas, economicas, sociales o religiosas. Se me ha
conocido por este apodo durante al menos tres anos antes de esta eleccion.
Ante mi, la autoridad suscrita, comparecib (nombre) quien frente a mi y bajo juramento debido,
declara:
"Yo, (nombre) del condado de Texas, siendo
candidato para el cargo oficial de juro solemnemente que apoyar6 y defenders la
Constitucion y las leyes de los Estados Unidos y del Estado de Texas. Soy ciudadano de los Estados Unidos elegible para ocupar tal cargo oficial
bajo la Constitucion y las leyes de este Estado. No se me ha condenado por un delito mayor por el cual no haya sido absuelto o por el cual no se
me hayan restituido enteramente mis derechos de ciudadania por medio de otra accion oficial. No existe un fallo final de un tribunal
testamentario que me declare total o parcialmente incapacitado mentalmente sin derecho a votar. Yo tengo conocimiento de la ley sobre el
nepotismo segun el Capitulo 573 del Codigo de Gobierno.
Ademas, juro que las declaraciones anteriores que incluyo en mi solicitud son verdaderas y correctas ".
X
FIRMA DEL CANDIDATO
Jurado y suscrito ante mi en este dia de
SELLO
Firma del oficial que administra el juramento' Titulo del oficial que administra el juramento
TO BE COMPLETED BY CITY SECRETARY OR SECRETARY OF BOARD:
(See Section 1.007)
Date Received Signature of Secretary
Voter Registration Status Verified El
2 -21
Prescrito por el Secretario de Estado
Secci6n 141.031, Capitulos 143 y 144, C6digo Electoral de Texas
10/2016
INSTRUCCIONES
La solicitud para que el nombre de un candidato figure en la boleta para cualquier elecci6n general no deber6 registrarse antes de los
treinta (30) dias previos a la fecha limite para registrar la solicitud, seg6n to prescribe este c6digo. Cualquier solicitud registrada antes
de esa fecha se declarara inv6lida. Todos los campos deben ser completados a menos que se indique especificamente marcados como
opcional.
El 61timo dia para registrarse es a las 5 de la tarde setenta y ocho (78) dias antes del dia de la elecci6n en el caso de elecciones
uniformes.
Si tiene alguna pregunta sobre la solicitud, por favor p6ngase en contacto con la divisi6n de elecciones del Secretario de Estado al 800-
252 -8683.
LEY SOME EL NEPOTISMO
El candidato deber6 firmar esta declaraci6n para indicar que tiene conocimiento sobre la ley sobre el nepotismo. A continuaci6n figuran
las prohibiciones del nepotismo seg6n el capitulo 573 de C6digo Gobierno:
Ning6n funcionario podra nombrar, votar por o confirmar el nombramiento o empleo de ninguno de sus parientes en segundo grado
por afinidad (matrimonio) o en tercer grado por consanguinidad (sangre), o de los parientes de cualquier otro integrante del cuerpo
directivo o tribunal en que el funcionario celebre sesi6n cuando la compensaci6n para esa persona se pagare con fondos p6blicos u
honorarios de su puesto oficial. Sin embargo, la ley no prohibe el nombramiento, el votar por o la confirmaci6n de ninguna persona que
haya trabajado en la oficina de manera continua o el empleo para el siguiente periodo antes de la elecci6n o el nombramiento del
funcionario o miembro emparentado con el empleado en el grado prohibido: seis meses, si el funcionario o miembro se elige en una
elecci6n general de funcionarios de estado y condado.
Ning6n candidato podra influir sobre un empleado relacionado al puesto oficial al cual el candidato aspira o un empleado o funcionario
del cuerpo fiscal al cual el candidato aspira respecto del nombramiento o el empleo de un pariente del candidato en un grado prohibido
seg6n se indica arriba. Esta restricci6n no se dirige a las acciones de un candidato respecto de una clase o categoria de empleados o
posibles empleados de buena fe.
Los ejemplos de parentesco en tercer grado por consanguinidad son los siguientes:
(1) Primer grado: padre, madre, hijo(a);
(2) Segundo grado: hermano(a), abuelo(a), nieto(a);
(3) Tercer grado: bisabuelo(a), bisnieto(a), tio(a), sobrino(a).
Los siguientes incluyen parentescos de consanguinidad, medios hermanos y adopci6n legal. Los ejemplos de parentescos en segundo
grado por afinidad son los siguientes:
(1) Primer grado: c6nyuge, suegro(a), yerno, nuera;
(2) Segundo grado: cunado(a), abuelo(a) del c6nyuge.
Las personas que est6n emparentadas por afinidad (matrimonio) incluyen los c6nyuges de parientes emparentados por consanguinidad,
y, si casados, el c6nyuge y los parientes del c6nyuge por consanguinidad. No todos estos ejemplos son inclusivos.
N OTAS
'Para reglas sobre la forma del nombre de un candidato o apodo en la boleta electoral, vea el subcapitulo B, Capitulo 52 del C6digo
Electoral de Texas.
La inclusi6n del n6mero 6nico de identificaci6n de votante (VUID, por sus siglas en Ingles) es opcional. Sin embargo, para muchos
candidatos, es un requisito estar registrados como votantes en el territorio por el cual serian electos a partir de la fecha limite de la
solicitud. Puede encontrar informaci6n adicional sobre el requisito de registro de votante en nuestra
pagina: htt : www.sos.state.tx.us elections laves hb484 -fa .shtml
3Esto se refiere a la duraci6n de la residencia dentro del distrito o territorio de que se elige la oficina. Por ejemplo, la duraci6n de
residencia en un distrito escolar, para una oficina del consejero escolar elegida en general. Este campo DEBE SER COMPLETADO.
'Los juramentos, las declaraciones juradas o las afirmaciones que se efect6en dentro de este Estado podr6n ser administradas por un
juez, escribano o comisionado de alguna corte de registro, por un notario p6blico, un juez de paz, un secretario de la ciudad o el
Secretario de Estado de Texas, quienes cuentan con la capacidad de proporcionar un certificado del hecho.
APPOINTMENT OF A CAMPAIGN TREASURER FORM CTA
BY A CANDIDATE PG 1
1 Total pages filed:
See CTA Instruction Guide for detailed instructions.
2 CANDIDATE
MS / MRS / MR FIRST MI OFFICE USE ONLY
NAME
Filer ID #
NICKNAME LAST SUFFIX
Date Received
ADDRESS / PO BOX; APT SUITE #; CITY; STATE; ZIP CODE
3 CANDIDATE
MAILING
ADDRESS
Date Hand-delivered or Postmarked
AREA CODE PHONE NUMBER EXTENSION Recerpt# Amount$
4 CANDIDATE
PHONE
Date Processed
5 OFFICE
Date Imaged
HELD
6 OFFICE
SOUGHT
(if known)
7 CAMPAIGN
MS/MRS/MR FIRST MI NICKNAME LAST SUFFIX
TREASURER
NAME
8 CAMPAIGN
STREET ADDRESS (NO PO BOX PLEASE); APT SUITE #; CITY; STATE; ZIP CODE
TREASURER
STREET
ADDRESS
(residence or business)
9 CAMPAIGN
AREA CODE PHONE NUMBER EXTENSION
TREASURER
PHONE
10 CANDIDATE
SIGNATURE
I am aware of the Nepotism Law, Chapter 573 of the Texas Government Code.
I am aware of my responsibility to file timely reports as required by title 15 of
the Election Code.
I am aware of the restrictions in title 15 of the Election Code on contributions
from corporations and labor organizations.
Signature of Candidate Date Signed
GO TO PAGE 2
Forms provided by Texas Ethics Commission *ww.ethkm.otate,uun Revised 12/7/2017
12 MODIFIED
REPORTING COMPLETE THIS SECTION ONLY IF YOU ARE
DECLARATION CHOOSING MODIFIED REPORTING
This declaration must be filed no later than the 30th day befo-09
the first election to which the declaration applies. -- N
The modified reporting option is valid for one election cycle only.
(An election cycle includes a primary election, a general election, and any related runoffs,)
Candidates for the office of state chair of a political parl
may NOT choose modified reporting. --
i i i e ( i* Y o a c c e i9i Y r TPOT177 =1$5171111
rnake more than $500 in political expenditures (excluding filing fees)
connection with any future election within the election cycle.
I understand that if either one • those limits is exceeded, I will be
required to file pre-election reports and, if necessary, a runoff
-report.
Year of election(s) or election cycle to
which declaration applies
M_ i 1 i i. r 7! ff • 1; K 1; 1'! Wo I
Signature of Candidate
TEC Filers may send this form to the TED electronically at treasappointðics.state.tx.us or
Fax this form to (512) 463-8808 or mail to
Texas Ethics Commission
P.O. Box 12070
Austin, TX 78711-2070
Non-TEC Filers must file this form with the local filing authority
DO NOT SEND TO TEC
For more information about where to file go to:
https://ww,w.ethics.state.tx.us/whatsnew/NewFilersGettingStarted.htmI
Forms provided by Texas Ethics Commission www.ethics,state.tx.us Revised 12/7/2017
TEXAS ETHICS COMMISSION
CANDIDATE APPOINTMENT OF A CAMPAIGN TREASURER
BY A
FORM CTA - INSTRUCTION GUIDE
Revised July 14, 2010
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711
(51 2)463-5800 FAX (512) 463 -5777 TDD 1- 800 - 735 -2989
Visit us at http: / /Www.ethics.state.tx.us on the Internet.
AN EQUAL OPPORTUNITY EMPLOYER
The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
GENERAL INSTRUCTIONS
Duties ofo Candidate oz Officeholder ............................................................................................. l
Qualifications of Campaign Treasurer ............................................................................................. l
Duties ofa Campaign Treasurer ...................................................................................................... )
Requirement to File Before Beginning a Campaign ------------------------1
Where &a File nCampaign Treasurer Appointment ------------------------.2
Filing With oDifferent Authority ---------------------------------.3
Forming /\ Political Committee ....................................................................................................... 3
Changing a Campaign Trennurer---------------------------------.. 4
Amending u Campaign Treasurer Appointment --------------------------4
Reporting Requirement for Certain Officeholders ------------------------..4
Terminat' o Campaign Treasurer Appointment ------------------------..'4
Filing uFinal Report ---------------------------------------'/4
ElectronicFiling .............................................................................................................................. 5
Guides.............................................................................................................................................. 5
SPECIFIC INSTRUCTIONS
Pagel ............................................................................................................................................... 5
Page2 ............................................................................................................................................... 6
Form CTA— Instruction Guide
APPOINTMENT OF A CAMPAIGN TREASURER
BY A CANDIDATE
GENERAL INSTRUCTIONS
These instructions are for the APPOINTMENT OF CAMPAIGN TREASURER BYA CANDIDATE (Form
CTA). Use Form CTA only for appointing your campaign treasurer. Use the AMENDMENT (Form ACTA)
for changing information previously reported on Form CTA andfor renewingyour choice to report under the
modified schedule. Note: Candidates for most judicial offices use Form .ICTA to file a campaign treasurer
appointment.
DUTIES OF A CANDIDATE OR OFFICEHOLDER. As a candidate or officeholder, you alone,
not the campaign treasurer, are responsible for filing this form and all candidate /officeholder reports
of contributions, expenditures, and loans. Failing to file a report on time or filing an incomplete
report may subject you to criminal or civil penalties.
QUALIFICATIONS OF CAMPAIGN TREASURER. A person is ineligible for appointment as a
campaign treasurer if the person is the campaign treasurer of a political committee that has
outstanding filing obligations (including outstanding penalties). This prohibition does not apply if
the committee in connection with which the ineligibility arose has not accepted more than $5,000 in
political contributions or made more than $5,000 in political expenditures in any semiannual
reporting period. A person who violates this prohibition is liable for a civil penalty not to exceed
three times the amount of political contributions accepted or political expenditures made in violation
of this provision. Note: A candidate may appoint himself or herself as his or her own campaign
treasurer.
DUTIES OF A CAMPAIGN TREASURER. State law does not impose any obligations on a
candidate's campaign treasurer.
REQUIREMENT TO FILE BEFORE BEGINNING A CAMPAIGN. If you plan to run for a
public office in Texas (except for a federal office), you must file this form when you become a
candidate even if you do not intend to accept campaign contributions or make campaign
expenditures. A "candidate" is a person who knowingly and willingly takes affirmative action for
the purpose of gaining nomination or election to public office or for the purpose of satisfying
financial obligations incurred by the person in connection with the campaign for nomination or
election. Examples of affirmative action include:
(A) the filing of a campaign treasurer appointment, except that the filing does not constitute
candidacy or an announcement of candidacy for purposes of the automatic resignation
provisions of Article XVI, Section 65, or Article XI, Section 11, of the Texas
Constitution;
(B) the filing of an application for a place on the ballot;
(C) the filing of an application for nomination by convention;
Texas Ethics Commission Page I Revised 07/14/2010
Form CTA - Instruction Guide
(D) the filing of a declaration of intent to become an independent candidate or a declaration
of write -in candidacy;
(E) the making of a public announcement of a definite intent to run for public office in a
particular election, regardless of whether the specific office is mentioned in the
announcement;
(F) before a public announcement of intent, the making of a statement of definite intent to
run for public office and the soliciting of support by letter or other mode of
communication;
(G) the soliciting or accepting of a campaign contribution or the making of a campaign .
expenditure; and
(H) the seeking of the nomination of an executive committee of a political party to fill a
vacancy.
Additionally, the law provides that you must file this form before you may accept a campaign
contribution or make or authorize a campaign expenditure, including an expenditure from your
personal funds. A filing fee paid to a filing authority to qualify for a place on a ballot is a campaign
expenditure that may not be made before filing a campaign treasurer appointment form with the
proper filing authority.
If you are an officeholder, you may make officeholder expenditures and accept officeholder
contributions without having a campaign treasurer appointment on file. If you do not have a
campaign treasurer appointment on file and you wish to accept campaign contributions or make
campaign expenditures in connection with your office or for a different office, you must file this
form before doing so. In such a case, a sworn report of contributions, expenditures, and loans will
be due no later than the 15th day after filing this form.
WHERE TO FILE A CAMPAIGN TREASURER APPOINTMENT. The appropriate filing
authority depends on the office sought or held.
a. Texas Ethics Commission. The Texas Ethics Commission is the appropriate filing authority
for the Secretary of State and for candidates for or holders of the following offices:
• Governor, Lieutenant Governor, Attorney General, Comptroller, Treasurer, Land
Commissioner, Agriculture Commissioner, Railroad Commissioner.
• State Senator or State Representative.
• Supreme Court Justice, Court of Criminal. Appeals Judge, and Court of Appeals
Judge. *
• State Board of Education.
• A multi - county district judge* or multi- county district attorney.
• A single- county district judge.*
Texas Ethics Commission Page 2 Revised 07/14/2010
Form CTA— Instruction Guide
• An office of a political subdivision other than a county if the political subdivision
includes areas in more than one county and if the governing body of the political
subdivision has not been formed.
• A chair of the state executive committee of a political party with a nominee on the
ballot in the most recent gubernatorial election.
• A county chair of a political party with a nominee on the ballot in the most recent
gubernatorial election if the county has a population of 350,000 or more.
* Judicial candidates use FORM JCTA to appoint a campaign treasurer.
b. County Clerk. The county clerk (or the county elections administrator or tax assessor, as
applicable) is the appropriate local filing authority for a candidate for:
• A county office.
• A precinct office.
• A district office (except for multi- county district offices).
• An office of a political subdivision other than a county if the political subdivision is
within the boundaries of a single county and if the governing body of the political
subdivision has not been formed.
c. Local Filing Authority. If a candidate is seeking an office of a political subdivision other
than a county, the appropriate filing authority is the clerk or secretary of the governing body
of the political subdivision. If the political subdivision has no clerk or secretary, the
appropriate filing authority is the governing body's presiding officer. Basically, any political
subdivision that is authorized by the laws of this state to hold an election is considered a local
filing authority. Examples are cities, school districts, and municipal utility districts.
FILING WITH A DIFFERENT AUTHORITY. If you have a campaign treasurer appointment on
file with one authority, and you wish to accept campaign contributions or make or authorize
campaign expenditures in connection with another office that would require filing with a different
authority, you must file a new campaign treasurer appointment and a copy of your old campaign
treasurer appointment (certified by the old authority) with the new filing authority before beginning
your campaign. You should also provide written notice to the original filing authority that your
future reports will be filed with another authority.
FORMING A POLITICAL COMMITTEE. As a candidate, you must file an APPOINTMENT OF A
CAMPAIGN TREASURER BY A CANDIDATE (FORM CTA). You may also form a specific - purpose
committee to support your candidacy. Remember that filing a campaign treasurer appointment for a
political committee does not eliminate the requirement that a candidate file his or her own campaign
treasurer appointment (FORM CTA) and the related reports.
NOTE: See the Campaign Finance Guide for Political Committees for further information about
specific purpose committees.
Texas Ethics Commission Page 3 Revised 07/14/2010
Form CTA - Instruction Guide
CHANGING A CAMPAIGN TREASURER. If you wish to change your campaign treasurer,
simply file an amended campaign treasurer appointment (FORM ACTA). This will automatically
terminate the outgoing campaign treasurer appointment.
AMENDING A CAMPAIGN TREASURER APPOINTMENT. If any of the information
reported on the campaign treasurer appointment (FORM CTA) changes, file an AMENDMENT:
APPOINTMENT OF A CAMPAIGN TREASURER BY A CANDIDATE (FORM ACTA) to report the change.
REPORTING REQUIREMENT FOR CERTAIN OFFICEHOLDERS. If you are an
officeholder who appoints a campaign treasurer after a period of not having one, you must file a
report of contributions, expenditures, and loans no later than the 15th day after your appointment is
effective. This requirement is not applicable if you are a candidate or an officeholder who is merely
changing campaign treasurers.
TERMINATING A CAMPAIGN TREASURER APPOINTMENT. You may terminate your
campaign treasurer appointment at any time by:
1) filing a campaign treasurer appointment for a successor campaign treasurer, or
2) filing a final report.
Remember that you may not accept any campaign contributions or make or authorize any campaign
expenditures without a campaign treasurer appointment on file. You may, however, accept
officeholder contributions and make or authorize officeholder expenditures.
If your campaign treasurer quits, he or she must give written notice to both you and your filing
authority. The termination will be effective on the date you receive the notice or on the date your
filing authority receives the notice, whichever is later.
FILING A FINAL REPORT. For filing purposes, you are a "candidate" as long as you have an
appointment of campaign treasurer on file. If you do not expect to accept any further campaign
contributions or to make any further campaign expenditures, you may file a final report of
contributions and expenditures. A final report terminates your appointment of campaign treasurer
and relieves you of the obligation of filing further reports as a candidate. If you have surplus funds,
or if you retain assets purchased with political funds, you will be required to file annual reports. (See
instructions for Fort C /OIL- UC.) If you are an officeholder at the time of filing a final report,
you may be required to file semiannual reports of contributions, expenditures, and loans as an
officeholder.
If you do not have an appointment of campaign treasurer on file, you may not accept campaign
contributions or make campaign expenditures. A payment on a campaign debt is a campaign
expenditure. An officeholder who does not have an appointment of campaign treasurer on file may
accept of contributions and make of expenditures.
Texas Ethics Commission Page 4 Revised 07/14/2010
Form CTA— Instruction Guide
To file a final report, you must complete the CANDIDATE /OFFICEHOLDER CAMPAIGN FINANCE
REPORT (FORM C /OH), check the "final" box on Page 1, Section 9, and complete and attach the
DESIGNATION OF FINAL REPORT (FORM C /OH -FR).
ELECTRONIC FILING. All persons filing campaign finance reports with the Texas Ethics
Commission are required to file those reports electronically unless the person is entitled to claim an
exemption. Please check the Ethics Commission's website at http: / /www. ethics. state. tx. us for
information about exemptions from the electronic filing requirements.
GUIDES. All candidates should review the applicable Ethics Commission's campaign finance
guide. Guides are available on the Ethics Commission's website at http: / /www. ethics. state. tx.us.
SPECIFIC INSTRUCTIONS
Each numbered item in these instructions corresponds to the same numbered item on the form.
PAGE 1
1. TOTAL PAGES FILED: After you have completed the form, enter the total number of pages
of this form and any additional pages. A "page" is one side of a two -sided form. If you are not
using a two -sided form, a "page" is a single sheet.
2. CANDIDATE NAME: Enter your full name, including nicknames and suffixes (e.g., Sr., Jr.,
III), if applicable. Enter your name in the same way on Page 2, Section 11, of this form.
3. CANDIDATE MAILING ADDRESS: Enter your complete mailing address, including zip
code. This information will allow your filing authority to correspond with you. If this
information changes, please notify your filing authority immediately.
4. CANDIDATE PHONE: Enter your phone number, including the area code and extension, if
applicable.
5. OFFICE HELD: If you are an officeholder, please enter the office you currently hold. Include
the district, precinct, or other designation for the office, if applicable.
6. OFFICE SOUGHT: If you are a candidate, please enter the office you seek, if known. Include
the district, precinct, or other designation for the office, if applicable.
7. CAMPAIGN TREASURER NAME: Enter the full name of your campaign treasurer,
including nicknames and suffixes (e.g., Sr., Jr., III), if applicable.
8. CAMPAIGN TREASURER STREET ADDRESS: Enter the complete street address of your
campaign treasurer, including the zip code. You may enter either the treasurer's business or
residential street address. If you are your own treasurer, you may enter either your business or
residential street address. Please do not enter a P.O. Box.
Texas Ethics Commission Page 5 Revised 07/1412010
Form CTA - Instruction Guide
9. CAMPAIGN TREASURER PHONE: Enter the phone number of your campaign treasurer,
including the area code and extension, if applicable.
10. CANDIDATE SIGNATURE: Enter your signature after reading the summary. Your signature
here indicates that you have read the following summary of the nepotism law; that you are aware
of your responsibility to file timely reports; and that you are aware of the restrictions on
contributions from corporations and labor organizations.
• The Texas nepotism law (Government Code, chapter 573) imposes certain restrictions
on both officeholders and candidates. You should consult the statute in regard to the
restrictions applicable to officeholders.
• A candidate may not take an affirmative action to influence an employee of the office
to which the candidate seeks election in regard to the appointment, confirmation,
employment or employment conditions of an individual who is related to the
candidate within a prohibited degree.
• A candidate for a multi- member governmental body may not take an affirmative
action to influence an officer or employee of the governmental body to which the
candidate seeks election in regard to the appointment, confirmation, or employment of
an individual related to the candidate in a prohibited degree.
• Two people are related within a prohibited degree if they are related within the third
degree by consanguinity (blood) or the second degree by affinity (marriage). The
degree of consanguinity is determined by the number of generations that separate
them. If neither is descended from the other, the degree of consanguinity is
determined by adding the number of generations that each is separated from a
common ancestor. Examples: (1) first degree - parent to child; (2) second degree -
grandparent to grandchild; or brother to sister; (3) third degree - great - grandparent to
great- grandchild; or aunt to niece who is child of individual's brother or sister. A
husband and wife are related in the first degree by affinity. A wife has the same
degree of relationship by affinity to her husband's relatives as her husband has by
consanguinity. For example, a wife is related to her husband's grandmother in the
second degree by affinity.
PAGE 2
11. CANDIDATE NAME: Enter your name as you did on Page 1.
12. MODIFIED REPORTING DECLARATION: Sign this option if you wish to report under the
modified reporting schedule.
The modified reporting option is not available for candidates for the office of state chair of a
political party.
Texas Ethics Commission Page 6 Revised 07/14/2010
Form CTA— Instruction Guide
To the left of your signature, enter the year of the election or election cycle to which your selection
of modified reporting applies.
Your selection of modified reporting is valid for an entire election cycle. For example, if you choose
modified reporting before a primary election, your selection remains in effect for any runoff and for
the general election and any related runoff. You must make this selection at least 30 days before the
first election to which your selection applies.
An opposed candidate in an election is eligible to report under the modified reporting schedule if he
or she does not intend to accept more than $500 in political contributions or make more than $500 in
political expenditures in connection with an election. The amount of a filing fee paid to qualify for a
place on the ballot does not count against the $500 expenditure limit. An opposed candidate who
reports under the modified schedule is not required to file pre - election reports (due 30 days and 8
days before an election) or runoff reports (due 8 days before a runoff). (Note: An unopposed
candidate is not required to file pre - election reports in the first place.) The obligations to file
semiannual reports, special pre - election reports (formerly known as telegram reports), or special
session reports, if applicable, are not affected by selecting the modified schedule.
The $500 maximums apply to each election within the cycle. In other words, you are limited to
$500 in contributions and expenditures in connection with the primary, an additional $500 in
contributions and expenditures in connection with the general election, and an additional $500 in
contributions and expenditures in connection with a runoff.
EXCEEDING $500 IN CONTRIBUTIONS OR EXPENDITURES. If you exceed $500 in
contributions or expenditures in connection with an election, you must file according to the regular
filing schedule. In other words, you must file pre - election reports and a runoff report, if you are in a
runoff.
If you exceed either of the $500 limits after the 30th day before the election, you must file a sworn
report of contributions and expenditures within 48 hours after exceeding the limit. After that, you
must file any pre- election reports or runoff reports that are due under the regular filing schedule.
Your selection is not valid for other elections or election cycles. Use the amendment form (ACTA)
to renew your option to file under the modified schedule for a different election year or election
cycle.
For more information, see the Ethics Commission's campaign finance guide that applies to you.
Texas Ethics Commission Page 7 Revised 07/14/2010
A
/6%MENDMENT: APPOINTMENTOFA FORm ACTA
CAMPAIGN TREASURER BYA CANDIDATE PG
1 CANDIDATE
2 FILERID#
3 Total pages filed:
NAME
See ACTA Instruction Guide for detailed instructions.
Use this form for changes to existing information only. Do not provide information previously disclosed.
4 CANDIDATE
NEW MS/MRS/MR FIRST MI
OFFICE USE ONLY
NAME
Date Received
.....................................
NICKNAME LAST SUFFIX
2i EW ADDRESS/ PO BOX; APT / SUITE #; CITY; STATE; ZIP CODE
5 CANDIDATE
MAILING
ADDRESS
Date Hand-delivered or Postmarked
Receipt #
Amounts
Date Processed
6 CANDIDATE
NEW AREA CODE PHONE NUMBER EXTENSION
PHONE
Date Imaged
7 OFFICE HELD
NEW
(if any)
8 OFFICE
_=_j
SOUGHT
(if known)
9 CAMPAIGN
NEW MRS I MR FIRST MI NICKNAME LAST SUFFIX
TREASURER
NAME
10 CAMPAIGN
_LLW_j STREET ADDRESS (NO PO BOX PLEASE); APT SUITE #; CITY; STATE; ZIP CODE
TREASURER
STREET
ADDRESS
(residence or business)
11 CAMPAIGN
NEW AREA CODE PHONE NUMBER EXTENSION
TREASURER
PHONE
12 CANDIDATE
SIGNATURE
I am aware of the Nepotism Law, Chapter 573 of the Texas Government Code.
I am aware of my responsibility to file timely reports as required by title 15 of
the Election Code.
I am aware of the restrictions in title 15 of the Election Code on contributions
from corporations and labor organizations.
Signature of Candidate Date Signed
GOT PAGE 2
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/7/2017
F11 kvi I =1 L1 I Q M 1:4 Ll k 6
]Lei §1111 *P11:44003Z4911 Dei NJ =WWAtz-f—Alt MOK
FORm ACTA
PG 2
14 MODIFIED
REPORTING COMPLETE THIS SECTION ONLY IF YOU ARE
DECLARATION CHOOSING MODIFIED REPORTING
This declaration must be filed no later than the 30th day before
the first election to which the declaration applies. --
The modified reporting option is valid for one election cycle only.
(An election cycle includes a primary election, a general election, and any related runoffs,)
Candidates for the office • state chair • a political parl
may NOT choose modified reporting. --
• 1 HAS. • •
M09911ah N-1
I understand that if either one of those limits is exceeded, I will be
required to file pre-election reports and, if necessary, a runoff
report.
Year of election(s) or election cycle to
which declaration applies
• - 111• 111=1
THIM111511NIM1111 iiiiiii 1 11111111:: . • • • . •
TEC Filers may send this form to the TED electronically at treasa ppoi ntp—eth ics. state tx us or
Fax this form to (512) 463-8808 or mail to
Texas Ethics Commission
P.O. Box 12070
Austin, TX 78711-2070
Non-TEC Hers must file this form with the local filing authority
DO NOT SEND TO TEC
For more information about where to file go to:
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Revised 12/7/2017
TEXAS ETHICS COMMISSION
AMENDMENT: APPOINTMENT OF A CAMPAIGN
TREASURER BY A CANDIDATE
FORM ACTA- INSTRUCTION GUIDE
Revised July 14, 2010
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 7871.1
(512) 463 -5800 FAX (512) 463 -5777 TDD 1- 800 - 735 -2989
Visit us at http: / /www.ethics.state.tx.us on the Internet.
AN EQUAL OPPORTUNITY EMPLOYER
The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
Form ACTA — Instruction Guide
FORM ACTA- AMENDMENT: APPOINTMENT OF A
CAMPAIGN TREASURER BY A CANDIDATE
GENERAL INSTRUCTIONS
These instructions are for the AMENDMENT- APPOINTMENT OF A CAMPAIGN TREASURER BY A
CANDIDATE (Form ACTA). Use this form for changing information previously reported on Form CTA and
for renewing your choice to report under the modified schedule. The information you enter on this form will
replace the information from your previous APPOINTMENT OF A CAMPAIGN TREASURER BY A
CANDIDATE (Form (CTA).
If any of the information required to be reported on your CAMPAIGN TREASURER APPOINTMENT
changes, you should file an amendment. Use the AMENDMENT form (Form ACTA) to report the
changes. Do not use the APPOINTMENT form (Form CTA).
You must also use the AMENDMENT form to renew your option to file under the modified
schedule.
Except for your name at the top of the form (and your account number, if you file with the Ethics
Commission), enter only the information that is di erent from what is on your current campaign
treasurer appointment. Do not repeat information that has not changed. The "NEW" boxes
emphasize that the information entered on this form should only be information that is different from
what was previously reported. Any information entered in a space with a "NEW" box will replace
the existing information.
SPECIFIC INSTRUCTIONS
Each numbered item in these instructions corresponds to the same numbered item on the form.
PAGE 1
1. CANDIDATE NAME: Enter your name as it is on your current campaign treasurer
appointment. Enter your name in the same way on Page 2, Section 13, of this form. If you are
reporting a name change, enter your new name under Section 4.
2. ACCOUNT #: If you are filing with the Ethics Commission, you were assigned a filer account
number when you filed your initial campaign treasurer appointment. You should have received
a letter acknowledging receipt of the form and informing you of your account number. Enter
this number wherever you see "ACCOUNT #." If you do not file with the Ethics Commission,
you are not required to enter an account number.
3. TOTAL PAGES FILED: After you have completed the form, enter the total number of pages
of this form and any additional pages. A "page" is one side of a two -sided form. If you are not
using a two -sided form, a "page" is a single sheet.
Texas Ethics Commission Page 1 Revised 07/14/2010
Form ACTA — Instruction Guide
4. CANDIDATE NAME: Complete this section only if your name has changed. If your name
has changed, enter your complete new name, including nicknames and suffixes (e.g., Sr., Jr.,
III) if applicable.
5. CANDIDATE MAILING ADDRESS: Complete this section only if your mailing address has
changed. If your mailing address has changed, enter your complete new address, including zip
code. This information will allow your filing authority to correspond with you.
6. CANDIDATE PHONE: Complete this section only if your phone number has changed. If
your phone number has changed, enter your new phone number, including the area code and
extension, if applicable.
7. OFFICE HELD: If you are an officeholder, complete this section only if your office has
changed. If your office has changed, please enter the new office held. Include the district,
precinct, or other designation for the office, if applicable.
8. OFFICE SOUGHT: If you are a candidate, complete this section only if the office you seek
has changed. If the office has changed, please enter the office you now seek, if known. Include
the district, precinct, or other designation for the office, if applicable.
Note: Changing the office you are seeking may require you to file your reports with a different
filing authority. See the Campaign Finance Guide for further information on filing with a different
authority.
9. CAMPAIGN TREASURER NAME: Complete this section only if your campaign treasurer
has changed. If your campaign treasurer has changed, enter the full name of your new
campaign treasurer, including nicknames and suffixes (e.g., Sr., Jr., III), if applicable.
Qualifications of Campaign Treasurer. A person is ineligible for appointment as a campaign .
treasurer if the person is the campaign treasurer of a political committee that has outstanding filing
obligations (including outstanding penalties). This prohibition does not apply if the committee in
connection with which the ineligibility arose has not accepted more than $5,000 in political
contributions or made more than $5,000 in political expenditures in any semiannual reporting period.
A person who violates this prohibition is liable for a civil penalty not to exceed three times the
amount of political contributions accepted or political expenditures made in violation of this
provision.
10. CAMPAIGN TREASURER STREET ADDRESS: Complete this section only if your
campaign treasurer's street address has changed. If your campaign treasurer's street address
has changed, enter the complete new address of your campaign treasurer, including the zip
code. You may enter either the treasurer's new business or residential street address. If you are
your own treasurer, you may enter either your business or residential street address. Please do
not enter a P.O. Box.
Texas Ethics Commission Page 2 Revised 07/14/2010
Form ACTA — Instruction Guide
11. CAMPAIGN TREASURER PHONE: Complete this section only if your campaign
treasurer's phone number has changed. If your campaign treasurer's phone number has
changed, enter the new phone number of your campaign treasurer, including the area code and
extension, if applicable.
12. CANDIDATE SIGNATURE: Enter your signature after reading the summary. Your signature
here indicates that you have read the following summary of the nepotism law; that you are aware
of your responsibility to file timely reports; and that you are aware of the restrictions on
contributions from corporations and labor organizations.
• The Texas nepotism law (Government Code, chapter 573) imposes certain restrictions
on both officeholders and candidates. You should consult the statute in regard to the
restrictions applicable to officeholders.
• A candidate may not take an affirmative action to influence an employee of the office to
which the candidate seeks election in regard to the appointment, confirmation,
employment or employment conditions of an individual who is related to the candidate
within a prohibited degree.
• A candidate for a multi- member governmental body may not take an affirmative action
to influence an officer or employee of the governmental body to which the candidate
seeks election in regard to the appointment, confirmation, or employment of an
individual related to the candidate in a prohibited degree.
• Two people are related within a prohibited degree if they are related within the third
degree by consanguinity (blood) or the second degree by affinity (marriage). The degree
of consanguinity is determined by the number of generations that separate them. If
neither is descended from the other, the degree of consanguinity is determined by adding
the number of generations that each is separated from a common ancestor. Examples:
(1) first degree - parent to child; (2) second degree - grandparent to grandchild; or
brother to sister; (3) third degree - great - grandparent to great - grandchild; or aunt to niece
who is child of individual's brother or sister. A husband and wife are related in the first
degree by affinity. A wife has the same degree of relationship by affinity to her
husband's relatives as her husband has by consanguinity. For example, a wife is related
to her husband's grandmother in the second degree by affinity.
Note: The changes you have made on this form will replace the information on your previous
APPOINTMENT form (Form CTA).
Texas Ethics Commission Page 3 Revised 07/14/2010
Form ACTA — Instruction Guide
PAGE 2
13. CANDIDATE NAME: Enter your name as you did on Page 1, Section 1.
14. MODIFIED REPORTING DECLARATION: Sign this option if you wish to report under the
modified reporting schedule.
The modified reporting option is not available for candidates for the office of state chair of a
political party.
To the left of your signature, enter the year of the election or election cycle to which your selection
of modified reporting applies.
Your selection of modified reporting is valid for an entire election cycle. For example, if you choose
modified reporting before a primary election, your selection remains in effect for any runoff and for
the general election and any related runoff. You must make this selection at least 30 days before the
first election to which your selection applies.
An opposed candidate in an election is eligible to report under the modified reporting schedule if he
or she does not intend to accept more than $500 in political contributions or make more than $500 in
political expenditures in connection with an election. The amount of a filing fee paid to qualify for a
place on the ballot does not count against the $500 expenditure limit. An opposed candidate who
reports under the modified schedule is not required to file pre - election reports (due 30 days and 8
days before an election) or runoff reports (due 8 days before a runoff). (Note: An unopposed
candidate is not required to file pre - election reports in the first place.) The obligations to file semi-
annual reports, special pre - election reports (formerly known as telegram reports), or special session
reports, if applicable, are not affected by selecting the modified schedule.
The $500 maximums apply to each election within the cycle. In other words, you are limited to
$500 in contributions and expenditures in connection with the primary, an additional $500 in
contributions and expenditures in connection with the general election, and an additional $500 in
contributions and expenditures in connection with a runoff.
Exceeding $500 in contributions or expenditures. If you exceed $500 in contributions or
expenditures in connection with an election, you must file according to the regular schedule. In
other words, you must file pre- election reports and a runoff report, if you are in a runoff.
If you exceed either of the $500 limits after the 30th day before the election, you must file a sworn
report of contributions and expenditures within 48 hours after exceeding the limit. After that, you
must file any pre - election reports or runoff reports that are due under the regular filing schedule.
Your selection is not valid for other elections or election cycles. Use another amendment form
(ACTA) to renew your option to file under the modified schedule.
For more information, see the Ethics Commission's campaign finance guide that applies to you.
Texas Ethics Commission Page 4 Revised 07/14/2010
CANDIDATE / OFFICEHOLDER
FORM C/OH
CAMPAIGN FINANCE REPORT COVER
SHEET PG 1
1 Filer ID (Ethics Commission Filers)
2 Total pages filed:
The C/011 Instruction Guide
explains how to complete this form.
3 CANDIDATE/
MS / MRS / MR FIRST MI
OFFICE USE ONLY
OFFICEHOLDER
NAME
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date Received
NICKNAME LAST SUFFIX
ADDRESS / PO BOX; APT / SUITE #; CITY; STATE; ZIP CODE
4 CANDIDATE/
OFFICEHOLDER
MAILING
ADDRESS
1:1 Change of Address
AREA CODE PHONE NUMBER EXTENSION
5 CANDIDATE/
OFFICEHOLDER
e
Date Hand-delivered or Date Postmarked
PHONE
6 CAMPAIGN
MS / MRS / MR FIRST MI
Receipt # Amount $
TREASURER
NAME
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date Processed
NICKNAME LAST SUFFIX
Date Imaged
7 CAMPAIGN
STREET ADDRESS (NO PO BOX PLEASE); APT / SUITE #; CITY; STATE;
ZIP CODE
TREASURER
ADDRESS
(Residence or Business)
8 CAMPAIGN
AREA CODE PHONE NUMBER EXTENSION
TREASURER
PHONE
9 REPORT TYPE
F-1 January 15 30th day before election Runoff
F
15th day after campaign
treasurer appointment
(Officeholder Only)
F-1 July 15 8th day before election F-1 Exceeded $500 limit
F-1 Final Report (Attach C/OH - FR)
10 PERIOD
Month Day Year Month
Day Year
COVERED
/ I
THROUGH /
11 ELECTION
ELECTION DATE
ELECTION TYPE
Month Day Year
F-1 Primary F-1 Runoff ❑ Other
Description
F-1 General F-1 Special
12 OFFICE
OFFICE HELD (if any)
13 OFFICE SOUGHT (if known)
GO TO PAGE 2
Forms provided by Texas Ethics Commission www.ethics.state.tx,us
Revised 9/8/2015
CANDIDATE 1 OFFICEHOLDER FORM C/OH
CAMPAIGN FINANCE REPORT COVER SHEET PG 2
14 C /OH NAME 15 Filer ID (Ethics Commission Filers)
16 NOTICE FROM THIS BOX IS FOR NOTICE OF POLITICAL CONTRIBUTIONS ACCEPTED OR POLITICAL EXPENDITURES MADE BY POLITICAL COMMITTEES TO
POLITICAL SUPPORT THE CANDIDATE / OFFICEHOLDER. THESE EXPENDITURES MAY HAVE SEEN MADE WITHOUT THE CANDIDATE S OR OFFICEHOLDER S
COMMITTEE(S) KNOWLEDGE OR CONSENT. CANDIDATES AND OFFICEHOLDERS ARE REQUIRED TO REPORT THIS INFORMATION ONLY IF THEY RECEIVE NOTICE
OF SUCH EXPENDITURES.
COMMITTEE TYPE COMMITTEE NAME
GENERAL
COMMITTEE ADDRESS
SPECIFIC
COMMITTEE CAMPAIGN TREASURER NAME
Additional Pages
COMMITTEE CAMPAIGN TREASURER ADDRESS
17 CONTRIBUTION 1. TOTAL POLITICAL CONTRIBUTIONS OF $50 OR LESS (OTHER THAN
TOTALS PLEDGES, LOANS, OR GUARANTEES OF LOANS), UNLESS ITEMIZED
2. TOTAL POLITICAL CONTRIBUTIONS
(OTHER THAN PLEDGES, LOANS, OR GUARANTEES OF LOANS)
TOTALS NDITURE 3. TOTAL POLITICAL EXPENDITURES OF $100 OR LESS,
UNLESS ITEMIZED
4. TOTAL POLITICAL EXPENDITURES
CONTRIBUTION 5. TOTAL POLITICAL CONTRIBUTIONS MAINTAINED AS OF THE LAST DAY
BALANCE OF REPORTING PERIOD
OUTSTANDING g, TOTAL PRINCIPAL AMOUNT OF ALL OUTSTANDING LOANS AS OF THE
LOAN TOTALS LAST DAY OF THE REPORTING PERIOD
18 AFFIDAVIT
I swear, or affirm, under penalty of perjury, that the accompanying report is
true and correct and includes all information required to be reported by me
under Title 15, Election Code.
Signature of Candidate or Officeholder
AFFIX NOTARY STAMP / SEALABOVE
Sworn to and subscribed before me, by the said this the
day of 20 to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx,us Revised 9/8/2015
COVER SHEET PG 3
19
FILER NAME
20 Filer ID (Ethics Commission Filers)
21
SCHEDULE SUBTOTALS
NAME OF SCHEDULE
SUBTOTAL
AMOUNT
2.
SCHEDULE A2:
NON-MONETARY (IN-KIND) POLITICAL CONTRIBUTIONS
$
3.
SCHEDULE B:
PLEDGED CONTRIBUTIONS
$
5.
SCHEDULE Fl:
POLITICAL EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS
$
6.
F-1 SCHEDULE F2:
UNPAID INCURRED OBLIGATIONS
$
7
SCHEDULE F3:
PURCHASE OF INVESTMENTS MADE FROM POLITICAL CONTRIBUTIONS
$
8
SCHEDULE F4:
EXPENDITURES MADE BY CREDIT CARD
$
9.
SCHEDULE G:
POLITICAL EXPENDITURES MADE FROM PERSONAL FUNDS
$
10
SCHEDULE H:
PAYMENT MADE FROM POLITICAL CONTRIBUTIONS TO A BUSINESS OF C/OH
$
11.
SCHEDULE 1: NON-POLITICAL
EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS
$
12.
SCHEDULE K:
RETURNED TO
INTEREST, CREDITS, GAINS, REFUNDS, AND CONTRIBUTIONS
FILER
$
Forms provided by Texas Ethics Commission wmvw.euhics.atate.txuo
Revised 9/8/2015
MONETARY POLITICAL
CONTRIBUTIONS SCHEDULE Al
The Instruction Guide explains how to complete this form.
1 Total pages Schedule At:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 Date
5 Full name of contributor
. . . . . . . . . . . . . . . . .
6 Contributor address;
❑ out-of-state PAC (I D#:
. . . . . . . . . . . . . . . . . . . . .
City; State; Zip Code
7 Amount of contribution
8 Principal occupation / Job title (See Instructions)
9 Employer (See Instructions)
Date
Full name of contributor
Contributor address;
❑ out-of-state PAC (]D#: >
City; State; Zip Code
Amount of contribution
Principal occupation / Job title (See Instructions)
Employer (See Instructions)
Date
Full name of contributor
Contributor address;
❑ out-of-state PAC (I D#:
City; State; Zip Code
Amount of contribution
Principal occupation / Job title (See Instructions)
Employer (See Instructions)
Date
Full name of contributor
. . . . . . . . .
Contributor address;
❑ out-of-state PAC (]D#:
. . I I . . . . . . . . . . . . .
City; State; Zip Code
Amount of contribution
Principal occupation / Job title (See Instructions)
Employer (See Instructions)
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
If contributor is out-of-state PAC, please see instruction guide for additional reporting requirements.
Forms provided by Texas Ethics Commission
www.ethics.state.tx,us Revised 9/8/2015
NON-MONETARY (IN-KIND) POLITICAL SCHEDULE A2
CONTRIBUTIONS
The Instruction Guide explains how to complete this form.
1 Total pages Schedule A2:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 TOTAL OF UNITEMIZED IN-KIND POLITICAL CONTRIBUTIONS
$
5 Date
6 Full name of contributor F-1 out-of-state PAC (ID#:
7 Contributor address; City; State; Zip Code
8 Amount of 9 In-kind contribution
Contribution $ description
❑ Check if travel outside of Texas. Complete Schedule T
10 Principal occupation / Job title (FOR NON-JUDICIAL) (See Instructions)
11 Employer (FOR NON-JUDICIAL)(See Instructions)
12 Contributor's principal occupation (FOR JUDICIAL)
13 Contributor's job title (FOR JUDICIAL) (See Instructions)
14 contributor's employer/law firm (FOR JUDICIAL)
15 Law firm of contributor's spouse (if any) (FOR JUDICIAL)
16 If contributor is a child, law firm of parent(s) (if any) (FOR JUDICIAL)
Date
Full name of contributor F-1 out-of-state PAC (ID#:
. . . . . . . . . . . . . . . . . . .
Contributor address; City; State; Zip Code
Amount of In-kind contribution
Contribution $ description
[:]Check if travel outside of Texas. Complete Schedule T
Principal occupation / Job title (FOR NON-JUDICIAL) (See Instructions)
Employer (FOR NON-JUDICIAL)(See Instructions)
Contributor's principal occupation (FOR JUDICIAL)
Contributor's job title (FOR JUDICIAL) (See Instructions)
Contributor's employer/law firm (FOR JUDICIAL)
Law firm of contributor's spouse (if any) (FOR JUDICIAL)
If contributor is a child, law firm of parent(s) (if any) (FOR JUDICIAL)
1 i
ATTACh ADDITIORIAL COPIES OF TAIS SCAEDI ILE AS AEEDED
If contributor is out-of-state PAC, please see instruction guide for additional reporting requirements.
�-orms provided • Texas Ethics Commission www.ethics.state.tx.us Revised 9/8/2015
PLEDGED CONTRIBUTIONS SCHEDULE B
1 Total pages Schedule B:
The Instruction Guide explains how to complete this form.
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
5 Date
6 Full name of pledgor E] out-of-state PAC (]D#:_
8 Amount 9 In-kind contribution
of Pledge $ description
7 Pledger address; City; State; Zip Code
F_� Check if travel outside of Texas. Complete Schedule T
10 Principal occupation / Job title (See Instructions)
11 Employer (See Instructions)
Date
Full name of pledgor F-1 out-of-state PAC (ID#
Amount In-kind contribution
of Pledge $ description
Pledger address; City; State; Zip Code
ElCheck if travel outside of Texas. Complete Schedule T
Principal occupation / Job title (See Instructions)
Employer (See Instructions)
Date
Full name of pledgor F-1 out-of-state PAC (ID#
Amount of In-kind contribution
Pledge $ description
Pledger address; City; State; Zip Code
[:]Check if travel outside of Texas. Complete Schedule T
Principal occupation / Job title (See Instructions)
Employer (See Instructions)
Date
Full name of pledgor El out-of-state PAC (ID#:
Amount of In-kind contribution
Pledge $ description
Pledger address; City; State; Zip Code
[::]Check if travel outside of Texas. Complete Schedule T
Principal occupation / Job title (See Instructions)
See Instructions)
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
If contributor is out-of-state PAC, please see instruction guide for additional reporting requirements.
Forms provided by Texas Ethics Commission wmvw.euhics.amte.txux Revised 9/8/2015
LOANS SCHEDULE E
The Instruction Guide explains how to complete this form.
1 Total pages Schedule E:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
Interest rate
a financial
5 Date of loan
7 Name of lender out-of-state PAC ([D#:
8 Lender address; City; State; Zip Code
9 Loan Amount
6 Is lender
10 1 nte rest rate
a financial
Principal occupation / Job title (See Instructions)
11 Maturity date
Description of Collateral
Check if personal funds were deposited into political
account (See Instructions)
12 Principal occupation / Job title (See Instructions)
13 Employer (See Instructions)
14 Description of Collateral
15 Check if personal funds were deposited into political
INFORMATION
account (See Instructions)
El none
16 GUARANTOR
17 Name of guarantor
19 Amount Guaranteed($)
INFORMATION
Principal Occupation (See instructions)
Employer (See Instructions)
18 Guarantor address; City; State; Zip Code
If lender is out-of-state PAC, please see instruction guide for additional reporting requirements.
F-] not applicable
20 Principal Occupation (See Instructions)
21 Employer (See Instructions)
Date of loan
Name of lender E] out-of-state PAC (ID#:
Lender address; City; State; Zip Code
Loan Amount
Is lender
Interest rate
a financial
Maturity date
Principal occupation / Job title (See Instructions)
Employer (See Instructions)
Description of Collateral
Check if personal funds were deposited into political
account (See Instructions)
GUARANTOR
Name of guarantor
Amount Guaranteed
INFORMATION
Guarantor address; City; State; Zip Code
F-] not applicable
Principal Occupation (See instructions)
Employer (See Instructions)
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
If lender is out-of-state PAC, please see instruction guide for additional reporting requirements.
Forms provided by Texas Ethics Commission wo°w.euhics.atate.txux Revised 9/8/2015
POLITICAL EXPENDITURES MADE
FROM POLITICAL CONTRIBUTIONS SCHEDULE F1
EXPENDITURE CATEGORIES FOR BOX 8(a)
Advertising Expense Event Expense Loan Repayment/Reimbursement Solicitation/Fundraising Expense
Accounting/Banking Fees Office Overhead/Rental Expense Transportation Equipment & Related Expense
Consulting Expense Food/Beverage Expense Polling Expense Travel In District
Contributions/Donations Made By Gift/Awards/Memorials Expense Printing Expense Travel Out Of District
Candidate/Officeholder/Political Committee Legal Services Salaries/Wages/Contract Labor Other (enter a category not listed above)
Credit Card Payment
The Instruction Guide explains how to complete this form.
1 Total pages Schedule Fl:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 Date
5 Payee name
6 Amount
7 Payee address; City; State; ZipCode
8
(a) Category (See Categories listed at the top of this schedule)
(b) Description
Check if travel outside of Texas. Complete Schedule T
PURPOSE
OF
Check if Austin, TX, officeholder living expense
EXPENDITURE
9 Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/OH
Date
Payee name
Amount
Payee address; City; State; Zip Code
Category (See Categories listed at the top of this schedule)
Description
1:1 Check if travel outside of Texas. Complete Schedule T
PURPOSE
OF
El Check if Austin, TX, officeholder living expense
EXPENDITURE
Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/01-1
Date
Payee name
Amount
Payee address; City; State; Zip Code
Category (See Categories listed at the top of this schedule)
Description
El
PURPOSE
Check if travel outside of Texas. Complete Schedule T
OF
Check if Austin, TX, officeholder living expense
EXPENDITURE
Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/01-1
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided by Texas Ethics Commission wo°w.ethics.atate.txux Revised 9/8/2015
UNPAID INCURRED OBLIGATIONS SCHEDULE F2
EXPENDITURE CATEGORIES FOR BOX 10(a)
Advertising Expense EventExpense Loan Repayment/Reimbursement Solicitation/Fundraising Expense
Accounting/Banking Fees Office Overhead/Rental Expense Transportation Equipment & Related Expense
Consulting Expense Food/Beverage Expense Polling Expense Travel In District
Contributions/Donations Made By GifUAwards/Memorials Expense Printing Expense Travel Out Of District
Cancliclate/Officeholder/Political Committee Legal Services Salaries/Wages/Contract Labor Other (enter a category not listed above)
The Instruction Guide explains how to complete this form.
1 Total pages Schedule F2:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 TOTAL OF UNITEMIZED UNPAID INCURRED OBLIGATIONS
$
5 Date
6 Payee name
7 Amount
8 Payee address; City; State; Zip Code
9 TYPE OF
Political Non-Political
r_1
EXPENDITURE
10
(a) Category (See Categories listed at the top of this schedule)
(b) Description
PURPOSE
[::]Check if travel outside of Texas. Complete Schedule T
OF
[::]Check if Austin, TX, officeholder living expense
EXPENDITURE
11 Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/014
Date
Payee name
Amount
Payee address; City; State; Zip Code
TYPE OF
EXPENDITURE
Political Non-Political
Category (See Categories listed at the top of this schedule)
Description
PURPOSE
1:1 Check iftravel outside ofTexas. Complete ScheduleT
OF
E]Check if Austin, TX, officeholder living expense
EXPENDITURE
Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/OH
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided by Texas Ethics Commission wmvw.euhics.atate.txux Revised 9/8/2015
EXPENDITURES MADE BY CREDIT CARD
Payee name
SCHEDULE F4
Amount
EXPENDITURE CATEGORIES FOR BOX 10(a)
Advertising Expense
Event Expense Loan Repayment/Reimbursement Solicitation/Fundraising Expense
Accounting/Banking
Fees Office Overhead/Rental Expense Transportation Equipment & Related Expense
Consulting Expense
Food/Beverage Expense Polling Expense Travel In District
Contributions/Donations Made By
Gift/Awards/Memorials Expense Printing Expense Travel Out Of District
Candidate/Officeholder/Political Committee
Legal Services Salaries/Wages/Contract Labor Other (enter a category not listed above)
The Instruction Guide explains how to complete this form.
1 Total pages Schedule F4:
2
FILER NAME
3 Filer ID (Ethics Commission Filers)
4 TOTAL OF UNITEMIZED EXPENDITURES CHARGED TOACREDIT CARD
$
5 Date
6
Payee name
7 Amount
8
Payee address; City; State; Zip Code
9 TYPE OF
EXPENDITURE
F-1 Political F-1 Non-Political
10
(a)
Category (See Categories listed at the top of this schedule)
(b) Description
PURPOSE
E]Check if travel outside of Texas. Complete Schedule T
OF
Check if Austin, TX, officeholder living expense
EXPENDITURE
11 Complete ONLY if direct
Candidate / Officeholder name Office sought Office held
expenditure to benefit C/OH
Date
Payee name
Amount
Payee address; City; State; Zip Code
TYPE OF
EXPENDITURE
F-1 Political El Non-Political
Category (See Categories listed at the top of this schedule)
Description
E]Check if travel outside of Texas. Complete Schedule T
PURPOSE
OF
Check if Austin, TX, officeholder living expense
EXPENDITURE
Complete ONLY if direct Candidate / Officeholder name Office sought
expenditure to benefit C/OH
��b I H I iR I JAM qpirlij a I if i I �
Office held
Forms provided by Texas Ethics Commission www.ethics.state.tx,us Revised 9/8/2015
POLITICAL EXPENDITURES
MADE FROM PERSONAL FUNDS SCHEDULE G
EXPENDITURE CATEGORIES FOR BOX 8(a)
Advertising Expense EventExpense Loan Repayment/Reimbursement Solicitation/Fundraising Expense
Accounting/Banking Fees Office Overhead/Rental Expense Transportation Equipment & Related Expense
Consulting Expense Food/Beverage Expense Polling Expense Travel In District
Contributions/Donations Made By Gift/Awards/Memorials Expense Printing Expense Travel Out Of District
Candidate/Officeholder/PoliticaI Committee Legal Services Salaries/Wages/Contract Labor Other (enter a category not listed above)
Credit Card Payment
The Instruction Guide explains how to complete this form.
1 Total pages Schedule G:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 Date
5 Payee name
6 Amount
7 Payee address; City; State; ZipCode
Reimbursement from
political contributions
intended
8
(a) category (See Categories listed at the top of this schedule)
(b) Description
PURPOSE
OF
Check if travel outside of Texas. Complete Schedule T
EXPENDITURE
Check if Austin, TX, officeholder living expense
9 Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/01-1
Date
Payee name
Amount
Payee address; City; State; Zip Code
Reimbursement from
political contributions
intended
Category (See Categories listed at the top of this schedule)
(b) Description
PURPOSE
1:1
OF
Check if travel outside of Texas. Complete Schedule T
EXPENDITURE
E]Check if Austin, TX, officeholder living expense
Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/01-1
Date
Payee name
Amount
Payee address; City; State; Zip Code
EReimbursement from
l
political contributions
intended
Category (See Categories listed at the top of this schedule)
(b) Description
PURPOSE
1:1 Check if travel outside of Texas. Complete Schedule T
OF
EXPENDITURE
ElCheck if Austin, TX, officeholder living expense
Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/OH
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided by Texas Ethics Commission wo°w.ethics.atate.txux Revised 9/8/2015
PAYMENT MADE FROM POLITICAL
CONTRIBUTIONS TO A BUSINESS OF C/OH SCHEDULE H
EXPENDITURE CATEGORIES FOR BOX 8(a)
Advertising Expense EventExpense Loan Repayment/Reimbursement Solicitation/Fundraising Expense
Accounting/Banking Fees Office Overhead/Rental Expense Transportation Equipment & Related Expense
Consulting Expense Food/Beverage Expense Polling Expense Travel In District
Contributions/Donations Made By Gift/Awards/Memorials Expense Printing Expense Travel Out Of District
Candidate/Officeholder/Polifical Committee Legal Services Salaries/Wages/Contract Labor Other (enter a category not listed above)
Credit Card Payment
The Instruction Guide explains how to complete this form.
1 Total pages Schedule H:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 Date
5 Business name
6 Amount
7 Business address; City; State; Zip Code
8
(a) Category �See Categories listed at the top of this schedule)
(b) Description
PURPOSE
Check if travel outside of Texas. Complete Schedule T
OF
EXPENDITURE
Check if Austin, TX, officeholder living expense
9 Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/OH
Date
Business name
Amount
Business address; City; State; Zip Code
Category (See Categories listed at the top of this schedule)
Description
PURPOSE
El Check if travel outside of Texas. Complete Schedule T
OF
El
EXPENDITURE
Check it Austin, TX, officeholder living expense
Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/OH
Date
Business name
Amount
Business address; City; State; Zip Code
Category (See Categories listed at the top of this schedule)
Description
PURPOSE
Check if travel outside of Texas. Complete Schedule T
OF
Check if Austin, TX, officeholder living expense
EXPENDITURE
Complete ONLY if direct Candidate / Officeholder name Office sought Office held
expenditure to benefit C/OH
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided by Texas Ethics Commission wmvw.euhics.atate.txux Revised 9/8/2015
NON-POLITICAL EXPENDITURES
MADE FROM POLITICAL CONTRIBUTIONS SCHEDULEI
The Instruction Guide explains how to complete this form.
1 Total pages Schedule 1:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 Date
5 Payee name
6 Amount
7 Payee address; City; State; Zip Code
8
(a)Category (See instructions for examples of acceptable
(b)Description (See instructions regarding type of information
PURPOSE
categories.)
required.)
OF
EXPENDITURE
Date
Payee name
Amount
Payee address; City; State; Zip Code
Category (See instructions for examples of acceptable
Description (See instructions regarding type of information
PURPOSE
categories.)
required.)
OF
EXPENDITURE
Date
Payee name
Amount
Payee address; City; State; Zip Code
PURPOSE
Category (See instructions for examples of acceptable
Description (See instructions regarding type of information
OF
categories.)
required.)
EXPENDITURE
Date
Payee name
Amount
Payee address; City; State; Zip Code
Category (See instructions for examples of acceptable
Description (See instructions regarding type of information
PURPOSE
categories.)
required.)
OF
EXPENDITURE
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided by Texas Ethics Commission wmvw.euhics.atate.txux Revised 9/8/2015
INTEREST, CREDITS, GAINS, REFUNDS, AND
CONTRIBUTIONS RETURNED TO FILER SCHEDULE
The Instruction Guide explains how to complete this form.
1 Total pages Schedule K:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 Date
5 Name of person from whom amount is received
6 Address of person from whom amount is received; City; State; Zip Code
8 Amount
7 Purpose for which amount is received Check if political contribution returned to filer
Date
Name of person from whom amount is received
Address of person from whom amount is received; City; State; Zip Code
Amount
Purpose for which amount is received F--] Check if political contribution returned to filer
Date
Name of person from whom amount is received
Address of person from whom amount is received; City; State; Zip Code
Amount
Purpose for which amount is received Check if political contribution returned to filer
Date
Name of person from whom amount is received
Address of person from whom amount is received; City; State; Zip Code
Amount
Purpose for which amount is received [::] Check if political contribution returned to filer
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided Uy Texas Ethics Commission wo°w.ethics.atate.txux Revised 9/8/2015
IN-KIND CONTRIBUTIONS OR POLITICAL EXPENDITURES
FOR TRAVEL OUTSIDE OF TEXAS SCHEDULE T
The Instruction Guide explains how to complete this form. 1 Total pages Schedule T:
2 FILER NAME
3 Filer ID (Ethics Commission Filers)
4 Name of Contributor / Corporation or Labor Organization / Pleclgor / Payee
5 Contribution / Expenditure reported on:
I Schedule C2 El Schedule D F
F] Schedule A2 D Schedule B El Schedule B(J) Schedule F1
6 Dates of travel
7 Name of person(s) traveling
8 Departure city or name of departure location
9 Destination city or name of destination location
10 Means of transportation
11 Purpose of travel (including name of conference, seminar, or other event)
Name of Contributor / Corporation or Labor Organization / Pledgor / Payee
Contribution / Expenditure reported on:
[I Schedule A2 [-]Schedule B El Schedule B(J) Schedule C2 Schedule D Schedule F1
[]Schedule F2 [I Schedule F4 0 Schedule G EISchedule H Schedule COWLIC Schedule B-SS
Dates of travel
Name of person(s) traveling
Departure city or name of departure location
Destination city or name of destination location
Means of transportation I
Purpose of travel (including name of conference, seminar, or other event)
Name of Contributor / Corporation or Labor Organization / Pledgor / Payee
Contribution / Expenditure reported on:
0 Schedule A2 F1 Schedule B El Schedule B(J) 0 Schedule C2 El Schedule D F1 Schedule F1
FISched.le F2 [:1 Schedule F4 0 Schedule G 0 Schedule H Schedule COWLIC [I Schedule B-SS
Dates of travel
Name of person(s) traveling
Departure city or name of departure location
Destination city or name of destination location
Means of transportation
Purpose of travel (including name of conference, seminar, or other event)
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided by Texas Ethics Commission wo°w.euhics.atate.txux Revised 80/2015
CANDIDATE /OFFICEHOLDER REPORT:
DESIGNATION OF FINAL REPORT FORM C/OH - FR
1 C/OH NAME 1 2 Filer ID (Ethics Commission Filers)
|do not expect any further political contributions or political expenditures in connection with mycandidacy. | understand that designat-
ing a report aa afinal report terminates my campaign treasurer appointment. | also understand that | may not accept any campaign
contributions or make any campaign expenditures without a campaign treasurer appointment on file.
Signature of Candidate / Officeholder
4 FILER WHO IS NOT AN OFFICEHOLDER
.. Complete A & B below only if you are not an officeholder. --
A. CAMPAIGN FUNDS
Check only one:
I have unexpended contributions or unexpencled interest or income earned from political contributions. I understand that I
may not convert unexpencled political contributions or unexpencled interest or income earned on political contributions to
personal use. I also understand that I must file an annual report of unexpencled contributions and that I may not retain
unexpencled contributions or unexpended interest or income earned on political contributions longer than six years after filing
this final report. Further, I understand that I must dispose of unexpended political contributions and unexpencled interest or
income earned on political contributions in accordance with the requirements of Election Code, § 254.204.
Check only one.
[:::] I do not retain assets purchased with political contributions or interest or other income from political contributions.
I do retain assets purchased with political contributions or interest or other income from political contributions. I understand
that I may not convert assets purchased with political contributions or interest or other income from political contributions to
personal use. I also understand that I must dispose of assets purchased with political contributions in accordance with the
requirements of Election Code, § 254.204.
Signature of Candidate
5 OFFICEHOLDER
.. Complete this section only if you are an officeholder
E:] |am aware that |remain subject to filing requirements applicable to an officeholder who does not have a campaign treasurer on
file. I am also aware that I will be required to file reports of unexpencled contributions if, after filing the last required report aeun
officeholder, I retain political contributions, interest or other income from political contributions, or assets purchased with politi-
cal
Signature ofOfficeholder
Forms provided by Texas Ethics Commission wmvw.euhics.amte.txuo Revised 9/8/2015
TEXAS ETHICS COMMISSION
CAMPAIGN FINANCE REPORT
FORM C /OH - INSTRUCTION GUIDE
Revised January 1, 2017
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711
(512) 463 -5800 FAX (512) 463 -5777 TDD 1- 800 - 735 -2989
Visit us at hops:11www. ethics. state. tx.us on the Internet.
AN EQUAL OPPORTUNITY EMPLOYER
The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
FORM C /OII - INSTRUCTION GUIDE
TABLE OF CONTENTS
These instructions are for the CANDIDATE /OFFICEHOLDER CAMPAIGN FINANCE REPORT (Form
C /OH) and all schedules that are filed with it. FORM GOH includes a three pare cover sheet and
Schedules Al, A2, B, E, Fl, F2, F3, F4, G, H, I, K, and T. Candidates or officeholders filing a Final
Report should also attach Form C /OH -FR. All filers must submit the cover sheet, but only the schedules
on which there is information to report need to be included.
GENERAL INSTRUCTIONS
ElectronicFiling ................................................................................................. ..............................1
FillingOut the Forms ......................................................................................... ..............................1
Texas Ethics Commission Guides ..................................................................... ..............................1
Photocopiesof Forms ........................................................................................ ..............................1
FilingDate ......................................................................................................... ..............................2
FORM C /OH: CANDIDATE /OFFICEHOLDER CAMPAIGN FINANCE REPORT
GeneralInformation .......................................................................................... ............................... 3
Completingthe Cover Sheet .............................................................................. ..............................5
SCHEDULE Al: Monetary Political Contributions ............................................ .............................15
SCHEDULE A2: Non - Monetary (In -Kind) Political Contributions .................... .............................17
SCHEDULE B: Pledged Contributions .............................................................. .............................19
SCHEDULEE: Loans ......................................................................................... .............................22
SCHEDULE F1: Political Expenditures from Political Contributions ............... .............................25
SCHEDULE 172: Unpaid Incurred Obligations ................................................... .............................28
SCHEDULE F3: Purchase of Investments from Political Contributions ........... .............................30
SCHEDULE 174: Expenditures Made by Credit Card ......................................... .............................31
SCHEDULE G: Political Expenditures Made From Personal Funds .................. .............................33
SCHEDULE H: Payment from Political Contributions to a Business of C /OH .. .............................35
SCHEDULE 1: Non - Political. Expenditures Made From Political Contributions ............................36
SCHEDULE K: Interest, Credits, Gains, Refunds, and Contributions Returned to Filer .................37
SCHEDULE T: In -Kind Contribution or Political Expenditure for Travel Outside of Texas .......... 38
1016111(40]IeW 40 17xy[!i►/_rY[17►[I ] aWILNE \a7ofa]I'M
GeneralInformation ......................................................................................... .............................39
Completingthe Form ........................................................................................ .............................40
EXAMPLES
Examples: Reporting Expenditures Made by Credit Card ................................ .............................42
Examples: Purpose of Expenditures ................................................................. .............................45
Examples: Reporting Expenditures from Personal Funds ................................ .............................48
Examples: Reporting Staff Reimbursements .................................................... .............................50
Form C /OH — Instruction Guide
These general instructions apply to all forms required to be filed under title 15, Texas Election
Code.
ELECTRONIC FILING
All persons filing campaign finance reports with the Texas Ethics Commission (Commission) are
required to file those reports electronically unless the person is eligible to claim an exemption.
Please check the Commission's website at https://www.ethics.state.tx.us for information about
exemptions from the electronic filing requirement.
FILLING OUT THE FORMS
All reports filed on paper must be either handwritten in ink or typewritten. If you complete the
report by hand, please print everything other than your signature.
If you are filing with the Commission, you may use your own computer - generated form if it
provides for disclosure of all the information required on the Commission's form and if it is
substantially identical in paper size, color, layout, and format. A substitute form that is
substantially identical to the Commission's prescribed form may be submitted for pre - approval
by the Commission's executive director.
Always file the cover sheet of the campaign finance report form. You need to file only those
schedules on which you have information to report.
You must keep an exact copy of each report filed and all records necessary to complete the
report for at least two (2) years after the deadline for filing the report.
If you have questions, please call our office at (512) 463 -5800.
TEXAS ETHICS COMMISSION GUIDES
The Commission publishes a Campaign Finance Guide for each type of filer. These guides are
designed to explain your responsibilities as a filer. The Commission encourages you to read the
appropriate guide before you begin accepting political contributions or making or authorizing
political expenditures.
You may use photocopies of Commission forms. For example, if the space provided on
Schedule Al is insufficient, you may make copies of a blank Schedule Al form and attach more
pages as needed.
Texas Ethics Commission Page I Revised 01/01/2017
Form C /OH — Instruction Guide
FILING DATE
For most reporting deadlines, a document is considered timely filed if it is properly addressed
with postage or handling charges prepaid and bears a postmark or receipt mark of a common or
contract carrier indicating a time on or before the deadline.
Pre - Election Reports: A report due 30 days before an election and a report due 8 days before
an election must be received by the appropriate filing authority no later than the report due date.
If you are filing with the Commission, please address your reports and correspondence to the
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711 -2070. For hand - deliveries, the
Commission's street address is 201 East 14th Street, Sam Houston Building, 10th Floor, Austin,
Texas 78701.
If the due date for a report falls on a Saturday, Sunday, or legal holiday, the report is due on the
next regular business day.
Texas Ethics Commission Page 2 Revised 01/01/2017
Form C /OH — Instruction Guide
103 WAR [-"ON I NKOMO 111 1 U,1
These instructions are.for the CANDIDATE /OFFICEHOLDER CAMPAIGN FINANCE REPORT
(Form C /OH). A complete report includes the Form C /OH cover sheet, and any of the following
schedules on which there is information to report: A1, A2, B, E, Fl, F2, F3, F4, G, H, I K, and
T. A complete Final Report must also include Form C /OH -FR.
Note: Judicial candidates and officeholders must use a different form, Form JC /OK
C ' • I'
Use Form C /OH for filing the following reports:
• Semiannual reports (January 15 and July 15)
• Pre - election reports (30th day before election, 8th day before election)
• Runoff report (8th day before runoff election)
• Exceeded $500 limit report
• 15th day after officeholder campaign treasurer appointment
• Final Report
See the instructions for sections 9 and 10 of the Cover Sheet for help in deciding which reports
you are required to file.
OFFICEHOLDER ACTIVITY
An officeholder may make officeholder expenditures and accept officeholder contributions
without having a campaign treasurer appointment on file. However, an officeholder must have a
campaign treasurer appointment on file before the officeholder may make campaign
expenditures or accept campaign contributions.
As a candidate or officeholder, you alone, not the campaign treasurer, are responsible for filing
this form. Failing to file a report on time or filing an incomplete report may subject you to
criminal or civil penalties.
1110 N I XM01 .0 '_G \ ► G_ : __t,
State law does not impose any reporting or record- keeping obligations on a candidate's
campaign treasurer.
WHERE TO FILE
This form is filed with the same filing authority with which you were required to file your
Campaign Treasurer Appointment (Form CTA). If you are an officeholder who does not have a
campaign treasurer appointment on file, file your reports with the same authority with which a
candidate for your office must file the campaign treasurer appointment.
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Form C /OH — Instruction Guide
FILING A FINAL REPORT
For filing purposes, you are a "candidate" as long as you have an appointment of campaign
treasurer on file. If you do not expect to accept any further campaign contributions or to make
any further campaign expenditures, you may file a Final Report of contributions and
expenditures. A Final Report terminates your appointment of campaign treasurer and relieves
you of the obligation of filing further reports as a candidate. If you are an officeholder at the
time of filing a Final Report, you may be required to file semiannual reports of contributions and
expenditures as an officeholder. The only officeholders who are not required to file semiannual
reports are officeholders who file locally, who do not have a campaign treasurer appointment on
file, and who do not exceed $500 in contributions or expenditures during the reporting period.
If you are not an officeholder at the time of filing a Final Report and if you have surplus funds or
retain assets purchased with political funds, you will be required to file annual reports of
Unexpended Contributions. (See instructions for Form C /OH -UC.)
To file a Final Report, you must complete the "C /OH CAMPAIGN FINANCE REPORT" (Form
C /OH), check the "final" box in section 9 on the Cover Sheet, and complete and attach the
"C /OH REPORT: DESIGNATION OF FINAL REPORT" (Form C /OH- FR).
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Form C /OH — Instruction Guide
COMPLETING THE COVER SHEET
Each numbered item in these instructions corresponds to the same numbered item on the form.
PAGE 1
1. FILER ID: If you are filing with the Commission, you were assigned a filer identification
number when you filed your initial campaign treasurer appointment. You should have
received a letter acknowledging receipt of the form and informing you of your Filer ID.
Enter this number wherever you see "FILER ID." If you do not file with the Commission,
you are not required to enter a Filer ID.
2. TOTAL PAGES FILED: After you have completed the form, count the total number of
pages of this form and any attached schedules. Enter that number where indicated on the top
line of page 1 only. Each side of a two -sided form counts as one page.
3. CANDIDATE /OFFICEHOLDER NAME: Enter your full name, including nicknames and
suffixes (e.g., Sr., Jr., III), if applicable.
4. CANDIDATE /OFFICEHOLDER MAILING ADDRESS: Enter your complete mailing
address. If your mailing address has changed since you last gave notice of your address,
check the "Change of Address" box.
5. CANDIDATE /OFFICEHOLDER PHONE: Enter your phone number including the area
code, and your extension, if applicable.
Sections 6 - 8 pertain to a candidate's campaign treasurer. If you are an officeholder who does
not have a campaign treasurer appointment on file, skip these sections.
6. CAMPAIGN TREASURER NAME: Enter the full name of your campaign treasurer,
including nicknames and suffixes (e.g., Sr., Jr., III), if applicable.
7. CAMPAIGN TREASURER ADDRESS: Enter the complete address of your campaign
treasurer.
8. CAMPAIGN TREASURER PHONE: Enter the phone number of your campaign treasurer
including the area code, and the extension, if applicable.
9. REPORT TYPE: Check the box that describes the type of report you are filing, according
to the descriptions below. See the instructions for section 10 for the periods covered by each
type of report.
January 15 Report: All candidates and most officeholders must file a semiannual report
by January 1.5. The only officeholders who are not required to file this report are
officeholders who file locally, who do not have a campaign treasurer appointment on file,
and who do not exceed $500 in contributions or expenditures during the reporting period.
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Form C /OH — Instruction Guide
All candidates and officeholders who file with the Commission must file this report by
midnight Central Time on the January 15 report due date. All candidates and officeholders
who file locally must file this report by 5 p.m. on the January 15 report due date.
Note: Anyone who has a campaign treasurer appointment (Form CTA) on file must file
semiannual reports, even after an election has ended and even if the filer lost the election.
To end this semiannual filing requirement, the filer must cease campaign activity and file a
Final Report. (See "Final Report" below for more information.)
July 15 Report: All candidates and most officeholders must file a semiannual report by
July 15. The only officeholders who are not required to file this report are officeholders
who file locally, who do not have a campaign treasurer appointment on file, and who do
not exceed $500 in contributions or expenditures during the reporting period.
See "January 15 Report" above for more information on filing requirements and deadlines
for semiannual reports.
30th Day Before Election Report: Opposed candidates in an election who did not choose
the modified reporting schedule must file this pre - election report. If an opposed candidate
chose modified reporting, but then exceeded a threshold before the 30th day before the
election, the candidate must file this report.
The report is due no later than 30 days before the election. For all candidates and
officeholders who file with the Commission, this report must be received by the
Commission no later than midnight Central Time on the report due date. For all candidates
and officeholders who file locally, this report must be received by the filing authority no
later than 5 p.m. on the report due date.
You are an "opposed" candidate if you have an opponent, including a minor party
candidate, whose name is printed on the ballot. If your only opposition is a write -in
candidate, you are not considered opposed for filing purposes. If you are a write -in
candidate, you are an "opposed" candidate subject to the reporting requirements if you
accept political contributions or make political expenditures. Candidates who are
unopposed in an election are not required to file pre - election reports for that election.
8th Day Before Election Report: Opposed candidates in an election who did not choose
the modified reporting schedule must file this pre - election report. If an opposed candidate
chose modified reporting but then exceeded a threshold before the 8th day before the
election, the candidate must file this report.
The report is due no later than 8 days before the election. For all candidates and
officeholders who file with the Commission, this report must be received by the
Commission no later than midnight Central Time on the report due date. For all candidates
and officeholders who file locally, this report must be received by the filing authority no
later than 5 p.m. on the report due date.
See "301h Day Before Election Report" above for the definition of an opposed candidate.
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Form C /OH — Instruction Guide
Runoff Report: Opposed candidates who are participating in a runoff election and who
did not choose the modified reporting schedule must file this runoff report. The report is
due no later than 8 days before the runoff election. For all candidates and officeholders
who file with Commission, this report must be received by the Commission no later than
midnight Central Time on the report due date. For all candidates and officeholders who file
locally, this report must be received by the filing authority no later than 5 p.m. on the report
due date.
See "30th Day Before Election Report" above for the definition of an opposed candidate.
Exceeded $500 Limit Report: Candidates who chose to file under the modified reporting
schedule but then, after the 30th day before the election, exceeded $500 in contributions or
$500 in expenditures in connection with the election must file this Exceeded $500 Limit
report within 48 hours after exceeding the $500 limit. The candidate must meet this
deadline even if it falls on a weekend or a holiday.
15th Day After Campaign Treasurer Appointment Report (Officeholders Only): An
officeholder must file this report if he or she appoints a campaign treasurer after a period of
not having a campaign treasurer appointment (Form CTA) on file. For all officeholders
who file with Commission, this report is due no later than midnight Central Time on the
15th day after an officeholder files Form CTA with the Commission. For all officeholders
who file locally, this report is due no later than 5 p.m. on the 15th day after an officeholder
files Form CTA with the filing authority. It is not required of officeholders who are merely
changing their campaign treasurer. It is not required of an officeholder who files locally if
the officeholder did not exceed $500 in either contributions or expenditures during the
period covered by the report. Candidates who are not officeholders do not file this report.
Final Report: A person who has a campaign treasurer appointment on file may file this
report when he or she does not expect to accept any further campaign contributions or
make or authorize any further campaign expenditures. There is not a fixed deadline for this
report. This report must have a completed "C /OH REPORT: DESIGNATION OF FINAL
REPORT" (Form C /OH -FR) attached.
A candidate must have a CTA on file to accept campaign contributions or make campaign
expenditures, including contributions intended to offset campaign debts or expenditures
made to pay campaign debts. A candidate who intends to continue campaign activity
should not file a Final. Report.
A Final Report terminates a candidate's CTA and relieves the candidate from any
additional filing obligations as a candidate. Officeholders who file a Final Report will still
be subject to the filing requirements applicable to officeholders. A person who is not an
officeholder but who has surplus political funds or assets after filing a Final Report will be
required to file annual Unexpended Contribution reports. (See "Form C /OH -FR:
Designation of Final Report" for more information.) A candidate or officeholder who does
not have a CTA on file may still be required to file a personal financial statement (PFS).
Filing a Final Report does not relieve a candidate of responsibility for any delinquent
reports or outstanding civil penalties.
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Form C /OH — Instruction Guide
Daily Pre - Election Report of Contributions: A candidate or officeholder who files with the
Commission may be required to file daily pre - election reports disclosing contributions
during the period beginning the 9th day before an election and ending at 12 noon on the
day before the election. This information can be disclosed on Form C /OH -T. For more
information, please see the instructions for Form C /OH -T.
Legislative Special Session Report: A candidate or officeholder who files with the
Commission and who accepts a political contribution during the period beginning on the
date the governor signs the proclamation calling a special legislative session and continuing
through the date of final adjournment is required to file a report after a special session of
the legislature. This information can be disclosed on Form C /OH -SS. For more
information, please see the instructions for Form C /OH -SS.
10. PERIOD COVERED: A reporting period includes the start date and the end date. The due
date for filing will generally be after the end of the period. Generally, a report picks up
where the last report left off, and there should be no gaps or overlapping periods. The
exceptions are Daily Pre - election reports, which do create overlaps because you are required
to report the activity twice.
First Reports: If this is the first report of contributions and expenditures that you
have filed, the beginning date will depend on the date your campaign treasurer
appointment (Form CTA) was filed or the date you took office.
• If you are a candidate (a person who has filed a Form CTA) and you are
filing your first report, the start date will be the date your Form CTA was
filed.
• If you are an officeholder who was appointed to an elective office and
who did not have a Form. CTA on file at the time of the appointment, the
start date for your first report will be the date you took office.
January 15th Semiannual Report: The start date is July 1 of the previous year or the day
after the last day covered by your last required report, whichever is Later. If this is the first
report you have filed, please see the "First Reports" section above. The end date is
December 31 of the previous year.
July 15th Semiannual Report: The start date is January 1 or the day after the last day
covered by your last required report, whichever is later. If this is the first report you have
filed, please see the "First Reports" section above. The end date is June 30.
30th Day Before Election Report: The start date is the day after the last day covered by
your last required report. If this is the first report you have filed, please see the "First
Reports" section above. The end date is the 40th day before the election. This report is not
required for unopposed candidates or candidates who are filing under the modified
reporting schedule.
8th Day Before Election Report: The start date is the 39th day before the election if you
filed a 30th Day Before Election Report. If you did not file the 30th Day Before Election
Texas Ethics Commission Page 8 Revised 01/01/2017
Form C /OH — Instruction Guide
Report, the day after the last day covered by your last required report is the start date. If
this is the first report you have filed, please see the "First Reports" section above. The end
date is the 10th day before the election. This report is not required for unopposed
candidates or candidates who are filing under the modified reporting schedule.
Runoff Report: The start date is the 9th day before the main election if you filed an 8th
Day Before Election Report. Otherwise, the start date is the day after the last day
covered by your last required report or the day you appointed a campaign treasurer,
whichever is later. The end date is the 10th day before the runoff election. This report is
not required for candidates who are filing under the modified reporting schedule.
Exceeded $500 Limit Report: The start date for the report is either the day you appointed
your campaign treasurer or the day after the last day covered by your last required report,
whichever is later. The end date is the day you exceeded the $500 limit for contributions or
expenditures.
15th Day After Campaign Treasurer Appointment Report (Officeholders Only): The
start date is either the day after the last day covered by your last required report or the day
you began serving an appointment to elective office. The end date is the day before the
campaign treasurer appointment was filed. This report is due no later than 15 days after the
campaign treasurer appointment was filed.
Final Report: The start date is the day after the last day covered by your last required
report. The end date is the day the final report is filed.
If you are an of without a campaign treasurer appointment on file, or if you have a
campaign treasurer appointment on file but you are not a candidate in an upcoming election and
were not a candidate in a recent election, you may skip Section 11.
11. ELECTION: If you are a candidate in an upcoming election or were a candidate in a
recently held election, provide the following information concerning the upcoming or recent
election.
Election Date: Enter the month, day, and year of the election for which this report is filed,
if known.
Candidate in an Upcoming Election: If the political activity in the report primarily
pertains to an upcoming election, provide the date of the upcoming election in
which you intend to participate as a candidate that most immediately follows the
deadline for this report.
Candidate in a Recently Held Election: If the political activity in this report
primarily pertains to a recently held election, provide the date of the recently held
election in which you participated as a candidate that most immediately precedes
the deadline for this report.
Election Type: Check the box next to the type of election that most accurately describes
the election for which this report is filed.
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Form C /OH — Instruction Guide
Primary: An election held by a political party to select its nominees for office.
Runoff: An election held if no candidate for a particular office receives the vote
necessary to be elected in an election requiring a majority vote.
General: An election, other than a primary election, that regularly occurs at fixed
dates.
Special: An election that is neither a general election nor a primary election nor a
runoff election.
Other: If none of the listed election types apply, check "Other" and provide your
own description of the election for which the report is filed.
12. OFFICE HELD: If you are an officeholder, please enter the office you currently hold.
Include the district, precinct, or other designation for the office, if applicable.
13. OFFICE SOUGHT: If you are a candidate in an upcoming election, please enter the office
you seek. If you were a candidate in a recently held election, but were unsuccessful or are not
currently an officeholder, please enter the office you sought during the election that most
immediately precedes the deadline for this report. Include the district, precinct, or other
designation for the office, if applicable.
PAGE 2
14. C /OH (CANDIDATE /OFFICEHOLDER) NAME: Enter your full name.
1.5. FILER ID: See instructions for section 1.
16. NOTICE FROM POLITICAL COMMITTEE(S): Complete this section if you received
notice from a political committee that it accepted political contributions or made political
expenditures on your behalf. You are required to disclose the receipt of such a notice in the
report covering the period in which you receive the notice. If you have not received such
notice, you may skip this section.
The political committee is required to include in the notice the full name and address of the
committee, the full name and address of the committee's campaign treasurer, and a statement
indicating whether the committee is a general- purpose committee or a specific - purpose
committee. If the notice also describes the expenditure, do not include the description in this
section.
"Additional Pages" box: If you received notice from more than one committee,
check this box and attach an additional page listing the names and addresses of
the other committees and of their campaign treasurers.
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Form C /OH — Instruction Guide
Committee Type:
"General" box: Check this box if the notice is from a general- purpose
committee.
"Specific" box: Check this box if the notice is from a specific- purpose
committee.
Committee Name: Enter the full name of the committee as reported in the notice.
Committee Address: Enter the address of the committee as reported in the notice.
Committee Campaign Treasurer Name: Enter the name of the committee's campaign
treasurer as reported in the notice.
Committee Campaign Treasurer Address: Enter the address of the committee's
campaign treasurer as reported in the notice.
17. TOTALS: Complete this section only after you have completed all applicable schedules.
Line 1- Total Political Contributions of $50 or Less, Unless Itemized: Enter the
total of all unitemized contributions (other than pledges or loans or guarantees of loans)
of $50 or less. Do not include any contributions itemized on Schedules Al or A2.
Enter a "0" if you did not receive any unitemized contributions during the period
covered.
On Schedules Al and A2, you were required to itemize political contributions that
totaled more than $50 from one person. You also had the option of itemizing
contributions of $50 or less from one person. Do not include any itemized
contributions in the total entered on line 1, regardless of amount.
Line 2- Total Political Contributions: Add the total contributions listed on Schedules
A 1 and A2 to the amount you entered on line 1. Enter that total on line 2. Enter a "0"
if you did not receive any contributions during the period covered.
Line 3- Total Political Expenditures of $100 or Less, Unless Itemized: Enter the
total of all unitemized political expenditures of $100 or less. Do not include any
expenditures itemized on Schedules F1, F2, F3, F4, G, or H. Enter a "0" if you did not
make any unitemized expenditures during the period covered.
On Schedule F1, you were required to itemize political expenditures that totaled more
than $100 to one payee. You also had the option of itemizing expenditures totaling
$100 or less to one payee. :Do not include any expenditures itemized on Schedule F 1 in
the total entered on line 3, regardless of amount.
On Schedule F2, you were required to itemize incurred but not yet paid political
expenditures that totaled more than $100 to one payee. You also had the option of
itemizing incurred political expenditures totaling $100 or less to one payee. Do not
Texas Ethics Commission Page 11 . Revised 01/01/2017
Form C /OH — Instruction Guide
include any political or non - political expenditures itemized on Schedule F2 in the total
entered on line 3, regardless of amount.
On Schedule F4, you were required to itemize political expenditures made by a credit
card that totaled more than $1.00 to one payee. You also had the option of itemizing
political expenditures totaling $100 or less to one payee. Do not include any political
or non - political expenditures itemized on Schedule F4 in the total entered on line 3,
regardless of amount.
On Schedule G, you were required to itemize political expenditures from personal
funds if you intend to seek reimbursement from political contributions. Do not include
any expenditures itemized on Schedule G in the total entered on line 3, regardless of
amount.
On Schedule H, you were required to itemize payments from political contributions
made to certain businesses. Do not include any expenditures itemized on Schedule H
in the total entered on line 3, regardless of amount.
Line 4- Total Political Expenditures: Add the following:
(a) the total expenditures itemized on Schedule Fl;
(b) the total political expenditures itemized on Schedule F2;
(c) the total political expenditures itemized on Schedule F4;
(d) the total political expenditures itemized on Schedule G;
(e) the total political expenditures itemized on Schedule H; and
(f) the amount you entered on line 3.
Enter that total on line 4.
Enter a "0" if you did not make any expenditures during the period covered.
Line 5- Total Political Contributions Maintained: Enter the total amount of political
contributions, including interest or other income on those contributions, maintained as
of the last day of the reporting period. Enter "0" if you do not maintain political
contributions, including interest or other income on those contributions, as of the last
day of the reporting period. This is different from the total contributions reported on
line 2. Only contributions accepted during the period covered by the report are entered
on line 2.
The law requires you to disclose the total amount of political contributions accepted,
including interest or other income on those contributions, maintained in one or more
accounts in which political contributions are deposited as of the last day of the
reporting period.
The "total amount of political contributions maintained" includes the total amount of
political contributions maintained in one or more accounts, including the balance on
deposit in banks, savings and loan institutions and other depository institutions; the
present value of any investments that can be readily converted to cash, such as
Texas Ethics Commission Page 12 Revised 01/01/2017
Form C /OH — Instruction Guide
certificates of deposit, money market accounts, stocks, bonds, treasury bills, etc.; and
the balance of political contributions accepted and held in any online fundraising
account over which the filer can exercise control by making a withdrawal, expenditure,
or transfer.
The total amount of political contributions maintained does not include personal funds
that the filer intends to use for political expenditures, unless the personal funds have
been disclosed as a loan to your campaign and deposited into an account in which
political contributions are held as permitted by section 253.0351(c) of the Election
Code. Any unexpended funds from such a loan are required to be included in the total
amount of political contributions maintained as of the last day of the reporting period.
Note: Personal funds deposited in an account in which political contributions are held
are subject to the personal use restrictions.
Line 6- Total Principal Amount of All Outstanding Loans: Enter the aggregate
outstanding principal amount of all loans accepted for campaign or officeholder
purposes as of the last day of the reporting period. Enter a "0" if you did not accept any
loans during the period covered and have no outstanding loans as of the last day of the
reporting period. This is different from the information reported on Schedule E. This
line must include outstanding principal of loans made in this reporting period as well as
outstanding principal of loans made previously.
18. AFFIDAVIT: Complete this section only after you have completed all applicable sections
and schedules. You must always sign a report that you file. You must complete this section
even if you have no schedules to attach. Only the candidate or officeholder filing the report
may sign the affidavit.
PAGE 3
19. C /OH (CANDIDATE /OFFICEHOLDER) NAME: Enter your full name.
20. FILER ID: See instructions for section 1.
21. SCHEDULE SUBTOTALS: Complete this section only after you have completed all
applicable schedules.
Check the appropriate boxes to indicate which schedules are attached to your report. If a
schedule is not included in the report, leave the check box blank.
Line 1- Schedule Al: Add the total amount of contributions itemized on Schedule Al
to the amount of unitemized monetary political contributions accepted during the
period covered. Enter that total on line 1. Enter a "0" if you did not accept any
contributions during the period covered.
Line 2- Schedule A2: Add the total amount of non - monetary in -kind contributions
itemized on Schedule A2 to the amount of unitemized non- monetary in -kind
contributions accepted during the period covered. Enter that total on line 2. Enter a "0"
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if you did not accept any non- monetary in -kind contributions during the period
covered.
Line 3- Schedule B: Add the total amount of pledged contributions itemized on
Schedule B to the amount of unitemized pledged contributions accepted during the
period covered. Enter that total on line 3. Enter a "0" if you did not accept any pledged
contributions during the period covered.
Line 4- Schedule E: Add the total amount of loans itemized on Schedule E to the
amount of unitemized loans accepted during the period covered. Enter that total on line
4. Enter a "0" if you did not accept any loans during the period covered.
Line 5- Schedule Fl: Add the total amount of political expenditures from political
contributions itemized on Schedule F1 to the amount of unitemized political
expenditures from political contributions made during the period covered. Enter that
total on line 5. Enter a "0" if you did not make any political expenditures from political
contributions during the period covered.
Line 6- Schedule F2: Add the total amount of unpaid incurred obligations itemized on
Schedule F2 to the amount of unitemized unpaid obligations incurred during the period
covered. Enter that total on line 6. Enter a "0" if you did not incur any unpaid
obligations during the period covered.
Line 7- Schedule F3: Enter the total amount of investments purchased from political
contributions itemized on Schedule F3. Enter a "0" if you did not purchase any
investments from political contributions during the period covered.
Line 8- Schedule F4: Add the total amount of expenditures made by a credit card
itemized on Schedule F4 to the amount of unitemized expenditures made by a credit
card during the period covered. Enter that total on line 8. Enter a "0" if you did not
make any expenditures by credit card during the period covered.
Line 9- Schedule G: Add the total amount of political expenditures from personal
funds itemized on Schedule G to the amount of unitemized political expenditures from
personal funds made during the period covered. Enter that total on line 9. Enter a "0" if
you did not make any political expenditures from personal funds during the period
covered.
Line 10- Schedule H: Enter the total amount of payments from political contributions
to a business of the candidate or officeholder itemized on Schedule H. Enter a "0" if
you did not make any payments from political contributions to a business of the
candidate or officeholder during the period covered.
Line 11- Schedule I: Enter the total amount of non - political expenditures from
political contributions itemized on Schedule I. Enter a "0" if you did not make any non-
political expenditures from political contributions during the period covered.
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Line 12- Schedule K: Enter the total amount of interests, credits, gains, refunds, and
contributions returned to the filer itemized on Schedule K. Enter a "0" if you did not
have any such activity during the period covered.
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These instructions are for candidates and officeholders using SCHEDULE A1: MONETARY
POLITICAL CONTRIBUTIONS.
Use this schedule to disclose information about monetary campaign and officeholder
contributions accepted during the reporting period. Do not enter on this schedule information on
non - monetary, in -kind contributions, pledges, loans, or guarantees of loans. Once you actually
receive pledged money, it must be reported on Schedule A1. (Report non - monetary, in -kind
contributions on Schedule A2; report pledges on Schedule B; report loans and guarantees of
loans on Schedule E.)
Itemization: You must enter incoming monetary contributions that exceed $50 from one person
during a reporting period on this schedule. If you accepted two or more contributions from the
same person, the total of which exceeds $50, enter each contribution separately. Although you
are not required to do so, you may also report contributions from one person that do not exceed
$50 in the period on this schedule. If you do not itemize contributions of $50 and less on this
schedule, you must total all such contributions and report them on the Cover Sheet, page 2,
section 17, line 1.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE Al: After you have completed Schedule A1, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. DATE: Enter the date you accepted the contribution. Accepting a contribution is different
from receiving a contribution. You accept a contribution when you decide to accept it rather
than reject it. This may or may not be the same day that you receive the contribution.
5. FULL NAME OF CONTRIBUTOR: Enter the full name of the contributor. If the
contributor is an individual, enter the full first and last name, and suffix (Jr., III, etc.) if
applicable. If the contributor is an entity, enter the full name of the entity.
"Out -of -State PAC" box: If the contributor is an out -of -state political
committee, check the box. Certain restrictions apply to contributions from out -of-
state PACS. The fact that a political committee has a mailing address outside of
Texas does not mean that the committee is an out -of -state PAC for purposes of
these restrictions. A political committee that has a campaign treasurer
appointment on file in Texas is not an out -of -state PAC. A political committee
that makes most of its political expenditures outside of Texas may be an out -of.-
state PAC. A political committee must determine if it is an out -of -state PAC.
If the contributor is an out -of -state political committee from which you accepted
more than $500 in the reporting period (including pledges or loans from sources
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other than financial institutions that have been in business for more than a year),
you must include one of the following with your report:
• a written statement, certified by an officer of the out -of -state political
committee, listing the full name and address of each person who
contributed more than $100 to the out -of -state political committee during
the 12 months immediately preceding the contribution; or
• a copy of the out -of -state political committee's statement of organization
filed as required by law with the FEC and certified by an officer of the
out -of -state committee.
If the contributor is an out -of -state political committee from which you accepted
$500 or less (including pledges) during the reporting period, you must include one
of the following with your report:
• a copy of the out -of -state political committee's statement of organization
filed as required by law with the FEC and certified by an officer of the
out -of -state committee; or
• a document listing the committee's name, address and phone number; the
name of the person appointing the committee's campaign treasurer; and
the name, address and phone number of the committee's campaign
treasurer.
"ID #" Line (Electronic Filing Only): If you are filing your report electronically, you
may enter in this field the out -of -state committee's Federal Election Commission (FEC)
identification number. If you do not have an FEC # for the out -of -state PAC or are not
filing electronically with the Commission, you must provide other documentation as
explained above.
6. CONTRIBUTOR ADDRESS: Enter the complete address of the contributor.
7. AMOUNT OF CONTRIBUTION: Enter the amount of the contribution.
8. PRINCIPAL OCCUPATION OR JOB TITLE: Candidates for and holders of statewide
offices in the executive branch and candidates for and holders of legislative offices must
disclose the principal occupation or job title of an individual from whom the candidate or
officeholder has accepted contributions (including pledges) of $500 or more during the
reporting period. In other circumstances, filers are not required to report this information but
may do so.
9. EMPLOYER: Candidates for and holders of statewide offices in the executive branch and
candidates for and holders of legislative offices must disclose the employer of an individual
from whom the candidate or officeholder has accepted contributions (including pledges) of
$500 or more during the reporting period. In other circumstances, filers are not required to
report this information but may do so.
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SCHEDULE A2: NON - MONETARY (IN -KIND)
POLITICAL CONTRIBUTIONS
These instructions are for candidates and officeholders using SCHEDULE A2: NON -
MONETARY (IN -KIND) POLITICAL CONTRIBUTIONS.
Use this schedule to disclose information about non - monetary, in -kind campaign and
officeholder contributions received during the reporting period. An in -kind contribution is a
contribution of goods, services, or any other thing of value other than money that is given to
your campaign. You are not required to include contributions of an individual's personal services
or travel if the individual receives no compensation from any source for the services. Do not
enter on this schedule information on monetary political contributions, pledges, loans, or
guarantees of loans. Once you actually receive a pledged in -kind contribution, it must be
reported on Schedule A2. (Report monetary contributions on Schedule Al; report pledges on
Schedule B; report loans and guarantees of loans on Schedule E.)
Itemization: You must enter non - monetary (in -kind) contributions of goods, services, or other
things of value that exceed $50 from one person during a reporting period on this schedule. If
you accepted two or more non - monetary contributions from the same person, the total of which
exceeds $50, enter each contribution separately. Although you are not required to do so, you
may also report contributions from one person that do not exceed $50 in the period on this
schedule. If you do not itemize contributions of $50 and less on this schedule, you must total all
such contributions and report them on the Cover Sheet, page 2, section 17, line 1.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE A2: After you have completed Schedule A2, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. TOTAL OF UNITEMIZED IN-KIND POLITICAL CONTRIBUTIONS: Enter the total
amount of in -kind political contributions of $50 or less that you accepted during the period
covered that are not itemized on this schedule. If you choose to itemize an in -kind
contribution of $50 or less on this schedule, do not include it in this total.
5. DATE: See instructions for Schedule Al, section 4.
6. FULL NAME OF CONTRIBUTOR: See instructions for Schedule Al, section 5.
"Out -of -State PAC" box: See instructions for Schedule Al, section 5.
7. CONTRIBUTOR ADDRESS: Enter the complete address of the contributor.
8. AMOUNT OF CONTRIBUTION: Enter the fair market value of the in -kind contribution.
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9. IN -KIND CONTRIBUTION DESCRIPTION: Enter a description of the contribution.
The description should be sufficiently detailed to allow a person reviewing your report to
understand what was contributed.
"Travel Outside of Texas" box: If the contribution was for travel outside of
Texas, please check the box and report this information on Schedule T.
10. PRINCIPAL OCCUPATION OR JOB TITLE: See instructions for Schedule Al,
section 8.
11. EMPLOYER: See instructions for Schedule Al, section 9.
Sections 12 -16 pertain to judicial candidates and officeholders only. Do not complete these
sections. If you are a judicial candidate or officeholder, please use form JC /OH and the
corresponding instructions.
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These instructions are for candidates and officeholders using SCHEDULE B: PLEDGED
CONTRIBUTIONS.
Use this schedule to disclose information about pledges accepted during the reporting period for
campaign or officeholder purposes. You are not required to include pledges of an individual's
personal services or travel if the individual receives no compensation from any source for the
services. Do not enter on this schedule information on contributions actually received, loans, or
guarantees of loans. (Report contributions actually received on Schedule Al or Schedule A2, as
applicable; report loans and guarantees of loans on Schedule E.)
If you accept a pledge from a person to give you money, goods, services, or anything of value,
that pledge is a reportable contribution and you must include the pledge on this schedule for the
report covering the period in which you accept the pledge.
Itemization: You must itemize pledges that exceed $50 in the aggregate from one person during
the reporting period. If you received pledges totaling more than $50 from one person during the
reporting period, you must itemize all of those pledges, even if individual pledges were for $50
or less. Although you are not required to do so, you may also itemize pledges for $50 or less
from one person. You must also disclose the receipt of the pledged contribution on Schedule Al
(used for monetary contributions) or A2 (used for non - monetary contributions), as applicable, in
the reporting period in which you actually receive the pledged money or thing of value. If the
pledge is accepted and received in the same reporting period, it is not required to be reported on
Schedule B.
Note: See the Campaign Finance Guide for more information on pledges.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE B: After you have completed Schedule B, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. TOTAL OF UNITEMIZED PLEDGES: Enter the total amount of pledges that you
accepted during the period that did not exceed $50 in the aggregate per person. Although
you are not required to do so, you may also itemize pledges of $50 or less on this schedule.
If you itemize some pledges of $50 or less, do not include those pledges in the total entered
here. If you choose to itemize all pledges of $50 or less, do not enter a total amount here.
5. DATE: Enter the date you accepted the pledge. Accepting a pledge is different from
receiving a contribution. You accept a pledge when you decide to accept it rather than reject
it.
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Pledge accepted and received in different reporting periods: If you accept a pledge
in one reporting period and then receive the pledged money or other thing of
value in a later reporting period, you will disclose the pledge on this schedule in
the reporting period in which you accepted the pledge. You will also disclose the
receipt of the pledged money or other thing of value on the appropriate incoming
funds schedule (report monetary contributions on Schedule A1; report in -kind
contributions on Schedule A2; report loans on Schedule E) in the reporting period
in which you received the pledge.
Pledge received in same reporting period as accepted: If you receive a pledge in
the same reporting period in which it was accepted, then you will not report the
pledge on this schedule. You will only disclose the contribution on the
appropriate incoming funds schedule (report monetary contributions on Schedule
A1; report in -kind contributions on Schedule A2; report loans on Schedule E).
The date of the contribution will be the date you accepted the pledged
contribution, regardless of when the pledged contribution was actually received.
Pledge accepted but never received: You will disclose the pledge on this schedule
in the reporting period in which you accepted the pledge. If you never actually
receive the pledge, it is not necessary to correct your report to delete the pledge.
Example: In June a supporter promises that he will give Juan Garcia $1,000 in
the last week before the November election. Juan accepts his promise. Juan must
disclose the pledge on his July 15 report covering the period in which he accepted
the pledge. (Note: When he receives the $1,000, he will disclose it as a monetary
contribution on Schedule Al of the report covering the period in which he
received the money. Also, if he never receives the $1,000, he does not
correct/amend his report to delete the entry for the pledge.)
6. FULL NAME OF PLEDGOR: Enter the full name of the person who made the pledge.
"Out -of -State PAC" box: See instructions for Schedule A1, section 5.
7. PLEDGOR ADDRESS: Enter the complete address of the person who made the pledge.
8. AMOUNT OF PLEDGE: Enter the amount of the pledge or the fair market value of any
pledged goods or services or other thing of value, as applicable.
9. IN -KIND DESCRIPTION: If the pledge was for goods or services or any other thing of
value, enter a description of the pledged goods or services or other thing of value. The
description should be sufficiently detailed to allow a person reviewing your report to
understand what was pledged.
"Travel Outside of Texas" box: If the pledged contribution was an in -kind
contribution for travel outside of Texas, please check the box and report this
information on Schedule T.
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10. PRINCIPAL OCCUPATION OR JOB TITLE: See instructions for Schedule Al, section
8.
11. EMPLOYER: See instructions for Schedule Al, section 9.
You do not need Schedules C-14 and D. These schedules are for political committees to report
contributions from corporations and labor organizations. Candidates and officeholders are
generally prohibited from accepting such contributions.
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SCHEDULE E: LOANS
These instructions arefor candidates and officeholders using SCHEDULE E: LOANS.
Use this schedule to disclose information about loans and guarantees of loans accepted during
the reporting period for campaign or officeholder purposes. This schedule must also be used to
disclose deposits of personal funds into an account in which political contributions are held as
permitted by section 253.0351(c) of the Election Code. This schedule may also be used to
disclose political expenditures from personal funds.
Loans to Your Campaign from Your Personal Funds: You may disclose political
expenditures from personal funds as a loan to your campaign on Schedule E.
Outgoing political expenditures made from that loan must then be disclosed as if they
were made from political contributions. The amount you disclose as a loan from
yourself in a reporting period may NOT exceed the amount you actually spent from
personal funds in that reporting period. In other words, do not report a $ 100,000 loan
to your campaign if the amount actually spent from your personal funds in the
reporting period was $5,000. When you reimburse yourself, disclose the
reimbursement as an outgoing political expenditure on Schedule Fl. The
reimbursement may not exceed the amount disclosed as a loan. (You may also
disclose political expenditures from personal funds on Schedule G. See the Schedule
G instructions below for more information.)
Personal Funds Deposited into a Political Account: If you deposit personal funds in
an account in which political contributions are held, you must disclose the deposited
amount as a loan on Schedule E and check the box indicating "Personal Funds
Deposited into Political Account." Personal funds deposited in an account in which
political contributions are held are subject to the personal use restriction. Disclose the
outgoing political expenditures made from that loan as if they were made from
political contributions. When you reimburse yourself, disclose the reimbursement as
an outgoing political expenditure on Schedule Fl. The reimbursement may not
exceed the amount disclosed as a loan.
Itemization: You must itemize loans (including loans from personal funds) that exceed $50 that
you accepted during the period from one person. If you accepted two or more loans from the
same person, the total of which exceeds $50, itemize each loan separately. Although you are not
required to do so, you may also itemize loans that do not exceed $50.
Each numbered item in these instructions corresponds to the same numbered item on theform.
1. TOTAL PAGES SCHEDULE E: After you have completed Schedule E, count the total
number of pages. Each side of a two-sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
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4. TOTAL OF UNITEMIZED LOANS: Enter the total amount of loans accepted during the
reporting period that did not exceed $50 in the aggregate per person and were not from
financial institutions.
Although you are not required to do so, you may itemize loans of $50 or less from persons
other than financial institutions on this schedule. If you itemize some loans of $50 or less, do
not include those loans in the total you enter here. If you choose to itemize all loans of $50
or less, enter a "0" here.
5. DATE OF LOAN: Enter the date you accepted the loan.
6. IS LENDER A FINANCIAL INSTITUTION ?: If you accepted the loan from a corporation
that has been legally engaged in the business of making loans for more than one year, circle
"Y" for yes. If you accepted the loan from any other source, circle "N" for no. A loan from
a corporation that has not been legally engaged in the business of making loans for more than
one year is a corporate contribution. Candidates and officeholders may not accept corporate
contributions.
7. NAME OF LENDER: Enter the full name of the person or financial institution that made
the loan. If the lender is an individual, enter the full first and last name and suffix (Jr., III, et.)
if applicable. If the lender is an entity, enter the full name of the entity.
"Out -of -State PAC" box: See instructions for Schedule Al, section 5.
Note: See the Campaign Finance Guide for detailed information on accepting and reporting
contributions from out -of -state political committees.
8. LENDER ADDRESS: Enter the complete address of the person or financial institution that
made the loan.
9. LOAN AMOUNT: Enter the principal amount of the loan.
1.0. INTEREST RATE: Enter the interest rate.
11. MATURITY DATE: Enter the maturity date.
1.2. PRINCIPAL OCCUPATION OR JOB TITLE: Candidates for and holders of statewide
offices in the executive branch and candidates for and holders of legislative offices must
disclose the principal occupation or job title of each individual from whom the candidate or
officeholder has accepted a loan (including a pledge of a loan) of $500 or more during the
reporting period. Other types of filers are not required to report this information but may do
SO.
13. EMPLOYER: Candidates for and holders of statewide offices in the executive branch and
candidates for and holders of legislative offices must disclose the full name of the employer
of an individual from whom the candidate or officeholder has accepted a loan (including a
pledge of a loan) of $500 or more during the reporting period. Other types of filers are not
required to report this information but may do so.
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14. DESCRIPTION OF COLLATERAL: If there is no collateral for the loan, check the
"none" box and go to section 15. If there is collateral for the loan, enter a description of the
collateral for the loan.
15. "Check if personal funds were deposited into political account" box: Check this box
only if the loan is a deposit of your personal funds into an account in which political
contributions are held as permitted by section 253.0351(c) of the Election Code. Political
expenditures made from that loan, and any subsequent expenditures to reimburse the
candidate or officeholder, must be reported as if they were made from political
contributions. The reimbursement may not exceed the amount reported as a loan. Personal
funds deposited in an account in which political contributions are held are subject to the
personal use restrictions.
16. GUARANTOR INFORMATION: If there are no guarantors for the loan, check the "Not
Applicable" box and go to the next loan. If you have no further loans to report, go to the next
applicable schedule.
A person who guarantees all or part of a loan makes a reportable contribution in the amount
of the guarantee. You must report such a contribution on this schedule, and not on the
contributions schedule.
17. NAME OF GUARANTOR: Enter the full name of the person guaranteeing the loan. If the
guarantor is an individual, enter the full first and last name and suffix (Jr., III, etc.) if
applicable. If the guarantor is an entity, enter the full name of the entity.
18. GUARANTOR ADDRESS: Enter the complete address of the guarantor.
1.9. AMOUNT GUARANTEED: Enter the dollar amount of the loan that the guarantor has
agreed to guarantee.
20. PRINCIPAL OCCUPATION: Enter the principal occupation of the guarantor.
21. EMPLOYER: Enter the employer of the guarantor.
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SCHEDULE F1: POLITICAL EXPENDITURES
FROM POLITICAL CONTRIBUTIONS
These instructions are for candidates and officeholders using SCHEDULE FI: POLITICAL
EXPENDITURES FROM POLITICAL CONTRIBUTIONS.
Use this schedule to disclose information about political expenditures from political
contributions that were made during the reporting period. Do not enter on this schedule unpaid
incurred obligations, political expenditures made from personal funds, the purchase of
investments from political contributions, expenditures made by credit card, or payments from
political contributions made to a business that you own or control. (Report unpaid incurred
obligations on Schedule F2; report expenditures from personal funds on Schedule G; report the
purchase of investments from political contributions on Schedule 173; report expenditures made
by credit card on Schedule F4; and report payments from political contributions made to a
business that you own or control on Schedule H.)
Expenditures Made by Credit Card: Effective July 5, 2015, you must disclose expenditures
charged to a credit card on Schedule F4 and not on this schedule. When you pay the credit card
bill, you must disclose the payment to the credit card company on Schedule F1 (used for political
payments from political contributions), Schedule G (used for political payments from personal
funds), Schedule H (used for payments from political contributions made to a business that you
own or control), or Schedule I (used for nonpolitical payments from political contributions), as
applicable. See instructions for Schedule 174: Expenditures Made by Credit Card for more
information.
See the Campaign Finance Guide for Candidates and Officeholders for important restrictions
regarding the use of political funds to rent or purchase real property.
Itemization: You must enter expenditures paid to one individual or entity during a reporting
period that in the aggregate exceed $1.00 on this schedule. If you made more than one
expenditure to the same payee, the total of which exceeded $100, enter each expenditure
separately. Although you are not required to do so, you may also report expenditures to one
person that do not exceed $100 in the period on this schedule. If you choose not to itemize
expenditures of $100 and less on this schedule, you must total all unitemized expenditures and
report them on the Cover Sheet, page 2, section 17, line 3.
Each numbered item in these instructions corresponds to the same numbered item on the.form.
1. TOTAL PAGES SCHEDULE FI: After you have completed Schedule F 1, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section L
4. DATE: Enter the date the expenditure payment was made. Remember: Expenditure
obligations you incurred in this reporting period but have not yet paid are entered on
Schedule F2. Expenditures made by credit card are entered on Schedule F4.
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5. PAYEE NAME: Enter the full name of the person to whom the expenditure was made.
Note: If you make an expenditure for goods or services to benefit another candidate,
officeholder, or committee, enter the name of the vendor who sold you the goods or services.
Do not enter the name of the person for whose benefit you made the expenditure. Include
that information under section 8, "Purpose of Expenditure."
6. AMOUNT: Enter the exact amount of the expenditure.
7. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was
made.
8. PURPOSE OF EXPENDITURE: You must disclose the purpose of the expenditure in two
parts: Category and Description. Merely disclosing the category of goods, services, or other
thing of value for which the expenditure is made does not adequately describe the purpose of
an expenditure.
(a) Category: Select a category of goods, services, or other thing of value for which an
expenditure is made. If none of the listed categories apply, select "Other" and enter your
own category. Examples of acceptable categories include:
Advertising Expense
Accounting /Banking
Consulting Expense
Contributions /Donations Made By Candidate /Officeholder /Political Committee
Credit Card Payment
Event Expense
Fees
Food/Beverage Expense
Gifts /Awards /Memorials Expense
Legal Services
Loan Repayment /Reimbursement
Office Overhead /Rental. Expense
Polling Expense
Printing Expense
Salaries /Wages /Contract Labor
Solicitation /Fundraising Expense
Transportation Equipment and Related Expense
Travel In District
Travel Out Of District
Other
(b) Description: Enter a brief statement or description of the candidate or officeholder
activity that is conducted by making the expenditure. The brief statement or description
must include the item or service purchased and must be sufficiently specific, when
considered within the context of the description of the category, to make the reason for
the expenditure clear. Merely disclosing the category of goods, services, or other thing of
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value for which the expenditure is made does not adequately describe the purpose of an
expenditure.
For examples of acceptable ways to disclose the purpose of an expenditure, please see the
"Examples: Purpose of Expenditures" on page 46.
"Check if travel outside of Texas" box: Check this box if the expenditure is for
travel outside of Texas. The description of a political expenditure for travel
outside of the state of Texas must include detailed information. Please report this
information on Schedule T.
"Check if Austin, TX, officeholder living expense" box: For expenditures
made on or after July 1, 2014, check this box if the expenditure is an officeholder
expense for living in Austin, Texas.
9. DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE /OFFICEHOLDER:
If you made a direct campaign expenditure to benefit another candidate or officeholder, enter
the full name of the candidate or officeholder and the name of the office sought or held,
including the district, precinct, or other designation of the office, as applicable. (Attach
additional sheets to list multiple candidates.) Do not complete this section if the expenditure
was not a direct campaign expenditure.
A "direct campaign expenditure" to benefit another candidate is not a "political contribution"
to that other candidate. A direct campaign expenditure is a campaign expenditure that you
make on someone else's behalf and without the prior consent or approval of that person.
This is in contrast to a political contribution, which the person has the opportunity to accept
or reject.
Example: If you made expenditures to prepare and distribute an endorsement
letter in support of a candidate after first asking for and getting the candidate's
approval, you made an in -kind contribution. However, if you did not get the
candidate's approval before you made the expenditure, you made a direct
campaign expenditure.
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SCHEDULE F2: UNPAID INCURRED OBLIGATIONS
These instructions are for candidates and officeholders using SCHEDULE F2: UNPAID
INCURRED OBLIGATIONS.
Use this schedule to disclose information about obligations to make an expenditure that you
incurred during the reporting period but have not yet paid. Do not enter on this schedule
obligations that were incurred and paid during the reporting period, or other outgoing funds.
(Report obligations incurred and paid during the reporting period on Schedule F1, F3, G, H, or I
as appropriate, and report expenditures made by credit card on Schedule F4.)
See the Campaign Finance Guide for Candidates and Officeholders for important restrictions
regarding the use of political funds to rent or purchase real property.
Itemization: Itemization requirements differ depending on whether the unpaid incurred
obligation is for a political or non - political expenditure.
Unpaid Incurred Political Obligations: ate You must enter political obligations
incurred but not yet paid to one individual or entity during a reporting period that
in the aggregate exceed $100 on this schedule. If you incurred more than one
obligation to the same payee, the total of which exceeded $100, enter each
expenditure separately. Although you are not required to do so, you may also
report political obligations incurred to one person that do not exceed $100 in the
period on this schedule. If you choose not to itemize incurred political obligations
of $100 and less on this schedule, you must total all unitemized obligations and
report them in section 4 of this Schedule. You must also include that amount in
the total unitemized political expenditures of $100 or less on C /OH Cover Sheet,
page 2, section 17, line 3.
Unpaid Incurred Non - Political Obligations: You must enter non - political
obligations incurred but not yet paid to one individual or entity during a reporting
period on this schedule, regardless of the amount.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE F2: After you have completed Schedule F2, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. TOTAL OF UNITEMIZED UNPAID INCURRED OBLIGATIONS: Enter the total
amount of political obligations incurred during the reporting period that do not exceed $1.00
in the aggregate per person, unless itemized on this schedule. You are not required to itemize
unpaid incurred political obligations of $100 or less, but if you choose to do so, do not
include those unpaid incurred obligations in the total you enter here.
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5. DATE: Enter the date the obligation was incurred. Obligations you incurred and paid
during the reporting period are not entered on this schedule.
6. PAYEE NAME: See instructions for Schedule F1, section 5.
Note: If you incurred an obligation for goods or services to benefit another candidate,
officeholder, or committee, enter the name of the vendor of the goods or services. Do not
enter the name of the person for whose benefit you incurred the obligation. Include that
information under section 10, "Purpose of Expenditure."
7. AMOUNT: Enter the exact amount of the incurred obligation.
8. PAYEE ADDRESS: Enter the complete address of the person to whom the obligation is
owed.
9. TYPE OF EXPENDITURE: Check only one box to indicate whether the incurred
obligation was political or non - political.
A non - political expenditure is an expenditure that is neither a campaign expenditure nor an
officeholder expenditure. As a practical matter, very few expenditures made from political
contributions are non - political expenditures. For instance, expenditures for administrative
expenses, banking fees, and professional dues are typically political expenditures.
10. PURPOSE OF EXPENDITURE: See instructions for Schedule Fl, section 8.
11. DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE /OFFICEHOLDER:
See instructions for Schedule F1, section 9.
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SCHEDULE F3: PURCHASE OF INVESTMENTS
FROM POLITICAL CONTRIBUTIONS
These instructions are for candidates and officeholders using SCHEDULE F3: PURCHASE OF
INVESTMENTS FROM POLITICAL CONTRIBUTIONS.
Use this schedule to disclose information about investments purchased from political
contributions during the reporting period. Do not enter on this schedule political expenditures
from political contributions, unpaid incurred obligations, expenditures made by credit card,
political expenditures made from personal funds, or payments from political contributions made
to a business that you own or control. (Report political expenditures from political contributions
on Schedule Fl; report unpaid incurred obligations on Schedule F2; report expenditures made by
credit card on Schedule 174; report expenditures from personal funds on Schedule G; and report
payments from political contributions made to a business that you own or control on Schedule
H.)
See the Campaign Finance Guide for Candidates and Officeholders for important restrictions
regarding the use of political funds to rent or purchase real property.
Itemization: You must enter investments purchased with political contributions during a
reporting period that in the aggregate exceed $100 on this schedule. Although you are not
required to do so, you may also report investments purchased with political contributions that do
not exceed $100 in the period on this schedule.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE F3: After you have completed Schedule F3, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. DATE: Enter the date you purchased the investment.
5. NAME OF PERSON FROM WHOM INVESTMENT IS PURCHASED: Enter the full
name of the person or entity from whom you purchased the investment. If you purchased the
investment from an individual, enter the full first and last name, and suffix (Jr., III, etc.) if
applicable (title is optional). If you purchased the investment from an entity, enter the full
name of the entity.
6. ADDRESS OF PERSON FROM WHOM INVESTMENT IS PURCHASED: Enter the
complete address of the person or entity from whom you purchased the investment.
7. DESCRIPTION OF INVESTMENT: Enter a brief statement or description of the
investment. For example, "Ten shares of stock in ABC company."
8. AMOUNT OF INVESTMENT: Enter the amount of the investment purchased.
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These instructions are for candidates and officeholders using SCHEDULE F4: EXPENDITURES
MADE BY CREDIT CARD.
Use this schedule to disclose information about expenditures made by a credit card. Effective
July 5, 2015, you must disclose expenditures charged to a credit card on this schedule and
identify the individual, entity, or vendor who receives payment from the credit card company.
When you pay the credit card bill, you must disclose the payment to the credit card company on
Schedule 171 (used for political payments from political contributions), Schedule G (used for
political payments from personal funds), Schedule H (used for payments from political
contributions made to a business that you own or control), or Schedule I (used for nonpolitical
payments from political contributions), as applicable.
Do not enter on this schedule political expenditures from political contributions, unpaid incurred
obligations, political expenditures made from personal funds, or payments from political
contributions made to a business that you own or control. (Report political expenditures from
political contributions on Schedule F1; report unpaid incurred obligations on Schedule 172; report
the purchase of investments from political contributions on Schedule F3; report expenditures
from personal funds on Schedule G; and report payments from political contributions made to a
business that you own or control on Schedule H.)
For examples regarding the disclosure of expenditures made by credit card, please see
"Examples: Reporting Expenditures Made by Credit Card" on page 42.
Itemization: Itemization requirements differ depending on whether the expenditure made by a
credit card is for a political or non - political expenditure.
Political Expenditures Made by Credit Card: You must itemize political
expenditures made by credit card that exceed $100 (in the aggregate) to a single
payee. If you made two or more expenditures to the same payee, the total of
which exceeded $100, enter each expenditure made by credit card separately.
Although you are not required to do so, you may also report political expenditures
made by credit card that do not exceed $100 in the reporting period on this
schedule. If you choose not to itemize political expenditures made by credit card
of $100 and less on this schedule, you must total all unitemized political .
expenditures and report them in section 4 of this Schedule. You must also include
that amount in the total unitemized political expenditures of $100 or less on C /OH
Cover Sheet, page 2, section 17, line 3.
Non - Political Expenditures Made by Credit Card: You must itemize any non-
political expenditure made by credit card, regardless of the amount.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE F4: After you have completed Schedule F4, count the total .
number of pages. Each side of a two -sided form counts as one page.
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2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. TOTAL OF UNITEMIZED EXPENDITURES CHARGED TO A CREDIT CARD:
Enter the total amount of political expenditures charged to a credit card during the reporting
period that do not exceed $100 in the aggregate per person, unless itemized on this schedule.
You are not required to itemize political expenditures made by credit card of $100 or less,
but if you choose to do so, do not include those political expenditures made by credit card in
the total you enter here.
5. DATE: Enter the date you made the expenditure by credit card.
Note: There is a special reporting rule for expenditures made by credit card. For reports due
30 days and 8 days before an election (pre - election reports) and for runoff reports, the date of
the credit card expenditure is the date the credit card is used. For other reports, the date of
the credit card expenditure is either the date of the charge or the date the credit card
statement is received. A filer can never go wrong by disclosing the date of the expenditure as
the date of the charge.
6. PAYEE NAME: See instructions for Schedule F1, section 5. Disclose the name of the
vendor who sold you the goods or services as the payee, NOT the credit card company. You
do not report the name of the credit card company on this schedule.
Note: If you made an expenditure for goods or services to benefit another candidate,
officeholder, or committee, enter the name of the vendor of the goods or services. Do not
enter the name of the person for whose benefit you made the expenditure. Include that
information under section 10, "Purpose of Expenditure."
7. AMOUNT: Enter the amount of the credit card expenditure.
8. PAYEE ADDRESS: Enter the complete address of the payee of the credit card expenditure.
9. TYPE OF EXPENDITURE: Check only one box to indicate whether the credit card
expenditure was political or non - political.
A non - political expenditure is an expenditure that is neither a campaign expenditure nor an
officeholder expenditure. As a practical matter, very few expenditures made from political .
contributions are non - political expenditures. For instance, expenditures for administrative
expenses, banking fees, and professional dues are typically political expenditures.
1.0. PURPOSE OF EXPENDITURE: See instructions for Schedule Fl, section 8.
Note: Do not choose "Credit Card Payment" as the category for an expenditure made by
credit card when an individual, entity, or vendor receives payment from the credit card
company. Instead, choose the category that corresponds to the goods, services, or other thing
of value purchased from the individual, entity, or vendor.
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See instructions for Schedule Fl, section 9.
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SCHEDULE G: POLITICAL EXPENDITURES
MADE FROM PERSONAL FUNDS
These instructions are for candidates and officeholders using SCHEDULE G: POLITICAL
EXPENDITURES MADE FROM PERSONAL FUNDS.
You may use this schedule to disclose information about political expenditures from personal
funds that were made during the reporting period. Alternatively, you may choose to disclose
political expenditures from personal funds as a loan on Schedule E (see the Schedule E
instructions above for more information). Do not enter on this schedule information about
personal funds deposited in an account in which political contributions are held as permitted by
section 253.0351(c) of the Election Code. (Report the deposit of personal funds into a political
account as a loan on Schedule E.)
Expenditures Made by Credit Card: Effective July 5, 2015, you must disclose expenditures
charged to a credit card on Schedule F4 and not on this schedule. When you pay the credit card
bill, you must disclose the payment to the credit card company on Schedule F1 (used for political
payments from political contributions), Schedule G (used for political payments from personal
funds), Schedule H (used for payments from political contributions made to a business that you
own or control), or Schedule I (used for nonpolitical payments from political contributions), as
applicable. See instructions for Schedule 174: Ex enditures Made by Credit Card for more
information.
If you intend to seek reimbursement in any amount from political contributions for a political
expenditure made from personal funds, you must either report the expenditure on Schedule E or
itemize the expenditure on this schedule and check the box in Section 6 to indicate that you
intend to seek reimbursement from political contributions. You may not correct a report to
allow reimbursement. When you reimburse yourself, disclose the reimbursement as an outgoing
political expenditure on Schedule F1.
See the Campaign Finance Guide for important restrictions regarding the use of political funds to
rent or purchase real property.
Itemization: If you choose to report political expenditures from personal funds on this schedule,
you must itemize political expenditures paid to one individual or entity during a reporting period
that in the aggregate exceed $1.00 on this schedule. If you made more than one expenditure to
the same payee, the total of which exceeded $100, enter each expenditure separately. Although
you are not required to do so, you may also report expenditures to one person that do not exceed
$100 in the period on this schedule. You must total all political expenditures from personal funds
that you do not itemize on this schedule and include them in the total of unitemized political
expenditures on the C /OH Cover Sheet, page 2, section 17, line 3.
Officeholder expenditures from personal funds for which you do not intend to seek
reimbursement are not required to be reported on this schedule or included in the total of
unitemized political expenditures.
Each numbered item in these instructions corresponds to the same numbered item on the form.
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I TOTAL PAGES SCHEDULE G: After you have completed Schedule G, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. DATE: Enter the date the expenditure was made.
5. PAYEE NAME: See instructions for Schedule Fl, section 7.
6. AMOUNT: Enter the exact amount of the expenditure.
"Reimbursement from Political Contributions Intended" box: Check this box
if you intend to reimburse yourself for the expenditure. (In order to be
reimbursed from political contributions in any amount for an expenditure made
out of personal funds, you must itemize the expenditure on this schedule and
check this box or you must report the expenditure as a loan to yourself on
Schedule E.)
7. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was
made.
8. PURPOSE OF EXPENDITURE: See instructions for Schedule F1, section 8.
9. DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE /OFFICEHOLDER:
See instructions for Schedule Fl, section 9.
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SCHEDULE H: PAYMENT FROM POLITICAL
CONTRIBUTIONS TO A BUSINESS OF C /OH
These instructions are for candidates and officeholders using SCHEDULE H.- PAYMENT FROM
POLITICAL CONTRIBUTIONS TO A BUSINESS OF C /OH.
Use this schedule to disclose information about payments from political contributions that were
made to a business in which you have an interest of more than 10 %, a position on the governing
body, or a position as an officer. Do not enter on this schedule other payments from political
contributions made during the reporting period.
See the Campaign Finance Guide for Candidates and Officeholders for a discussion on the
important restrictions on making and reporting payments from political contributions to a
business in which you have an interest.
This schedule is for payments to a business in which you have one or more of the following
interests or positions:
1) a participating interest of more than 10 %;
2) a position on the governing body of the business; or
3) a position as an officer of the business.
Itemization: You must enter all payments from political contributions made to certain
businesses (as defined above) of a candidate or officeholder made during the reporting period on
this schedule, regardless of the amount.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE H: After you have completed Schedule H, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. DATE: Enter the date you made the payment.
5. BUSINESS NAME: Enter the full name of the business to which you made the payment.
6. AMOUNT: Enter the dollar amount of the payment.
7. BUSINESS ADDRESS: Enter the complete address of the business to which you made the
payment.
8. PURPOSE OF EXPENDITURE: See instructions for Schedule F1, section 8.
9. DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE /OFFICEHOLDER:
See instructions for Schedule F1, section 9.
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SCHEDULE I: NON - POLITICAL EXPENDITURES
MADE FROM POLITICAL CONTRIBUTIONS
These instructions are for candidates and officeholders using SCHEDULE L• NON - POLITICAL
EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS.
Use this schedule to disclose information about non - political expenditures from political
contributions made during the reporting period. Do not enter political expenditures on this
schedule. Also, do not enter non - political expenditure obligations you incurred in this reporting
period but have not yet paid or non - political expenditures made by credit card. (Report unpaid
incurred obligations on Schedule 172; report expenditures made by a credit card on Schedule F4.)
Expenditures Made by Credit Card: Effective July 5, 2015, you must disclose non - political
expenditures charged to a credit card on Schedule F4 and not on this schedule. When you pay
the credit card bill, you must disclose the payment to the credit card company on Schedule Fl
(used for political payments from political contributions), Schedule G (used for political
payments from personal funds), Schedule H (used for payments from political contributions
made to a business that you own or control), or Schedule I (used for nonpolitical payments from
political contributions), as applicable. See instructions for Schedule F4: Expenditures Made by
Credit Card for more information.
Itemization: You must enter all non - political expenditures from political contributions on this
schedule, regardless of the amount. A non - political expenditure is an expenditure that is neither
a campaign expenditure nor an officeholder expenditure. As a practical matter, very few
expenditures made from political contributions are non - political expenditures. For instance,
expenditures for administrative expenses, banking fees, and professional dues are typically
political expenditures. You may not convert political contributions to personal use.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE I: After you have completed Schedule I, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. DATE: Enter the date the expenditure payment was made.
5. PAYEE NAME: See instructions for Schedule F1, section 5.
6. AMOUNT: Enter the exact amount of the expenditure payment.
7. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was
made.
8. PURPOSE OF EXPENDITURE: See instructions for Schedule Fl, section 8.
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SCHEDULE K: INTEREST, CREDITS, GAINS, REFUNDS, AND
CONTRIBUTIONS RETURNED TO FILER
These instructions are for candidates and officeholders using SCHEDULE K: INTEREST,
CREDITS, GAINS, REFUNDS, AND CONTRIBUTIONS RETURNED TO FILER.
Use this schedule to report information regarding any credit, interest, rebate, refund,
reimbursement, or return of a deposit fee resulting from the use of a political contribution or an
asset purchased with a political contribution, any proceeds of the sale of an asset purchased with
a political contribution, the amount of which exceeds $100, and any other gain from a political
contribution received during the reporting period.
Itemization: You must enter interest, credits, gains, refunds and returned contributions received
during a reporting period that in the aggregate exceed $100 on this schedule. Although you are
not required to do so, you may also report any credit/gain /refund, or interest that does not exceed
$100 in the period on this schedule.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE K: After you have completed Schedule K, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter your full name.
3. FILER ID: See instructions for Cover Sheet, page 1, section 1.
4. DATE: Enter the date the credit/gain /refund was received or the interest was earned, as
applicable.
5. NAME OF PERSON FROM WHOM AMOUNT IS RECEIVED: Enter the full name of
the person or business from whom the credit/gain /refund /returned contribution or interest
was received.
6. ADDRESS OF PERSON FROM WHOM AMOUNT IS RECEIVED: Enter the complete
address of the person or business from whom the credit /gain /refund /returned contribution or
interest was received.
7. PURPOSE FOR WHICH AMOUNT IS RECEIVED: Enter a brief statement or
description of the purpose for which the amount was received (for example, "phone service
deposit return" "returned contribution" or "interest on savings account ").
"Check if political contribution returned to filer" box: If the incoming
credit /gain was originally made by you in the form of a political contribution to
another candidate or political committee and was returned to you in this reporting
period, check this box.
8. AMOUNT: Enter the exact dollar amount of the credit /gain/refund /returned contribution, or
interest.
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Form C /OH — Instruction Guide
SCHEDULE T: IN -KIND CONTRIBUTIONS OR POLITICAL
EXPENDITURES FOR TRAVEL OUTSIDE OF TEXAS
These instructions are for candidates and officeholders using SCHEDULE T.• IN -KIND
CONTRIBUTIONS OR POLITICAL EXPENDITURES FOR TRA VEL OUTSIDE OF TEXAS.
Use this schedule to disclose information about contributions accepted or expenditures made
during the reporting period. In addition to completing this schedule, you must also report the
actual contribution or expenditure on the appropriate schedule or form. The law requires detailed
information regarding in -kind contributions or political expenditures for travel outside of the
state of Texas.
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. TOTAL PAGES SCHEDULE T: After you have completed Schedule T, count the total
number of pages. Each side of a two -sided form counts as one page.
2. FILER NAME: Enter the full name of the candidate, committee, or party on whose report
you are including this schedule.
3. FILER ID: If you are filing with the Commission, enter your account number. If you do not
file with the Commission, you are not required to enter an account number.
4. NAME OF CONTRIBUTOR / CORPORATION OR LABOR ORGANIZATION / PLEDGOR I
PAYEE: Enter the full name of the contributor / corporation or labor organization / pledgor /
payee as it appears on the schedule or form on which you reported the actual contribution or
expenditure.
5. CONTRIBUTION / EXPENDITURE REPORTED ON: Check the appropriate box for
the schedule or form on which you reported the actual contribution or expenditure.
6. DATES OF TRAVEL: Enter the dates on which the travel occurred.
7. NAME OF PERSON(S) TRAVELING: Enter the full name of the person or persons
traveling on whose behalf the travel was accepted or on whose behalf the expenditure was
made.
8. DEPARTURE CITY OR NAME OF DEPARTURE LOCATION: Enter the name of the
departure city or the name of each departure location.
9. DESTINATION CITY OR NAME OF DESTINATION LOCATION: Enter the name of
the destination city or the name of each destination location.
1.0. MEANS OF TRANSPORTATION: Enter the method of travel (e.g., airplane, bus, boat,
car, etc.)
11. PURPOSE OF TRAVEL: Enter the campaign or officeholder purpose of the travel,
including the name of a conference, seminar, or other event.
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Form C /OH — Instruction Guide
These instructions are for candidates and officeholders using Form C /OH -FR: C /OH REPORT:
DESIGNATION OF FINAL REPORT. A final report must include this form (Form C /OH -FR)
and the CAMPAIGNFINANCE REPORT (Form C /OH) with the `Final Report" box checked on
page 1, section 9. It must also include Schedules A1, A2, B, E, Fl, F2, F3, F4, G, H, I, K, and T,
as applicable.
GENERAL INFORMATION
For filing purposes, you are a "candidate" as long as you have an appointment of campaign
treasurer on file. If you do not expect to accept any further campaign contributions or to make
any further campaign expenditures, you may file a final report of contributions and expenditures.
A final report terminates your appointment of campaign treasurer and relieves you of the
obligation of filing further reports as a candidate.
If you do not have an appointment of campaign treasurer on file, you may not accept campaign
contributions or make campaign expenditures. A payment on a campaign debt is a campaign
expenditure. An officeholder who does not have an appointment of campaign treasurer on file
may accept officeholder contributions and make officeholder expenditures.
The effect of filing a final report differs depending on whether you are an officeholder at the
time you file a final report.
Officeholders Filing a Final Report: You will not have to worry about surplus political funds
and assets until you cease to be an officeholder. You may still be required to file semiannual
reports of contributions and expenditures as an officeholder. The only officeholders who are not
required to file semiannual reports are local officeholders who do not exceed $500 in
contributions or expenditures during the reporting period.
If you cease to be an officeholder at a time when you do not have a campaign treasurer
appointment on file, and you retain political contributions, interest or other income from political
contributions, or assets purchased with political contributions or interest or other income from
political contributions after filing the last required report as an officeholder, you must file an
annual report of unexpended contributions not earlier than January 1 and not later than January
15 of each year following the year in which you filed the last required report as an officeholder.
You may not retain these unexpended funds longer than six years after the date you ceased to be
an officeholder. For information about important restrictions regarding the use and reporting of
unexpended contributions, see the Campaign Finance Guide.
Non - Officeholders Filing a Final Report: You will no longer be required to file reports unless
you retain political contributions, interest or other income from political contributions, or assets
purchased with political contributions or interest or other income from political contributions. If
you retain any of those items, you must file an annual report of unexpended contributions not
earlier than January 1 and not later than January 15 of each year after the year in which you filed
your final report. You may not retain these unexpended funds longer than six years after the date
of filing a final report. For information about important restrictions regarding the use and
reporting of unexpended contributions, see the Campaign Finance Guide.
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COMPLETING THE FORM
Each numbered item in these instructions corresponds to the same numbered item on the form.
1. C /OH NAME: Enter your full name.
2. FILER ID: If you are filing with the Commission, enter your Filer ID. If you do not file
with the Commission, you are not required to enter a Filer ID.
3. SIGNATURE: You must sign this section to indicate that you understand the consequences
of filing a final report.
4. FILER WHO IS NOT AN OFFICEHOLDER: Complete this section if you are not an
officeholder at the time of filing your final report. Be sure to check the appropriate box in
both sections A and B and sign on the "Signature" line.
5. OFFICEHOLDER: Complete this section if you are an officeholder at the time of filing
your final report. You must check the box to indicate awareness of further filing
requirements.
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Form C /OH — Instruction Guide
This list is for illustrative purposes only. It is intended to provide helpful information and to
assist filers in reporting expenditures made by credit card and payments made to credit card
companies.
Example #l: Candidate Using Credit Card to Make Political Expenditures and Using
Political Contributions to Pay the Credit Card Bill in the Same Reporting Period
A candidate for office uses her credit card to buy $1,000 in campaign office supplies from an
office store. During the same reporting period, the candidate uses her credit card to buy $500 in
political advertising signs from a sign company. During the same reporting period, the candidate
makes a single payment from her political contributions account to pay the $1,500 credit card
bill.
To report that activity, the candidate would report all of the following on a campaign finance
report (Form C /OH) covering the period in which she made the credit card charges and sent the
payment to the credit card company:
1. For the credit card charges: a $1,000 expenditure on the "Expenditures Made by Credit
Card" Schedule (174). The schedule identifies the office store as the payee of the
expenditure and includes the address, date, amount, a category of the expenditure as
"Office Overhead/Rental Expense," and a description as "Campaign Office Supplies." In
Section 9 of the schedule, the box for "Political" is also checked. The candidate also
reports the $500 expenditure on the "Expenditures Made by Credit Card" Schedule and
identifies the sign company as the payee of the expenditure and includes the address,
date, amount, a category of the expenditure as "Advertising Expense," and a description
as "Political. Advertising Signs." In Section 9 of the schedule, the box for "Political" is
also checked.
2. For the payment to the credit card company: a $1,500 expenditure on the "Political
Expenditures from Political. Contributions" Schedule (Fl). The schedule identifies the
credit card company as the payee of the expenditure and includes the address, date,
amount, a category of the expenditure as "Credit Card Payment," and a description as
"Payment of credit card bill for credit card expenditures."
3. Both $1,500 amounts reported on each schedule will also be included in the appropriate
totals sections of Cover Sheet Pages 2 and 3.
Example #2: Candidate Using Credit Card to Make a Political Expenditure and Using
Personal Funds to Pay the Credit Card Bill in the Same Reporting Period
A candidate for non judicial office uses his credit card to purchase $3,000 in political advertising
materials from a print shop. During the same reporting period, the candidate makes a payment
from his personal funds account to pay the $3,000 credit card bill.
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To report that activity, the candidate would report all of the following on a campaign finance
report (Form C /OH) covering the period in which he made the credit card charge and sent the
payment to the credit card company:
1. For the credit card charge: a $3,000 expenditure on the "Expenditures Made by Credit
Card" Schedule (174). The schedule identifies the print shop as the payee of the
expenditure and includes the address, date, amount, a category of the expenditure as
"Advertising Expense," and a description as "Political Advertising Materials." In Section
9 of the schedule, the box for "Political" is also checked.
2. For the payment to the credit card company: a $3,000 expenditure on the "Political
Expenditures Made from Personal Funds" Schedule (G). The schedule identifies the
credit card company as the payee of the expenditure and includes the address, date,
amount, a category of the expenditure as "Credit Card Payment," and a description as
"Payment of credit card bill for political advertising materials." If the candidate intends
to seek reimbursement from political contributions, the candidate may also check the
appropriate box in Section 6.
3. Both $3,000 amounts reported on each schedule will also be included in the appropriate
sections of Cover Sheet Pages 2 and 3.
Example #3: Political Committee Using Credit Card to Make a Political Expenditure and
Using Political Contributions to Pay the Credit Card Bill in Different Reporting Periods
A general - purpose committee uses its credit card to buy $500 in political advertising in a
newspaper. The committee receives the statement from the credit card company but does not
send a payment until after the reporting period ends. When the committee sends a payment to the
credit card company, it makes a $500 payment from its political contributions account.
To report the credit card charge, the committee's campaign treasurer would report all of the
following on a campaign finance report (Form GPAC) covering the period in which it made the
credit card charge:
1. A $500 expenditure on the `Expenditures Made by Credit Card" Schedule (174). The
schedule identifies the newspaper as the payee of the expenditure and includes the
address, date, amount, a category of the expenditure as "Advertising Expense," and a
description as "Political Advertising." In Section 9 of the schedule, the box for "Political"
is also checked.
2. The $500 amount reported on the "Expenditures Made by Credit Card" Schedule (F4)
will also be included in the appropriate sections of Cover Sheet Pages 2 and 3.
To report the payment to the credit card company, the committee's campaign treasurer would
also report all of the following on a campaign finance report (Form GPAC) covering the period
in which it made the payment to the credit card company:
1. A $500 expenditure on the "Political Expenditures from Political Contributions"
Schedule (F1). The schedule identifies the credit card company as the payee of the
Texas Ethics Commission Page 44 Revised 01/01/2017
Form C /OH — Instruction Guide
expenditure and includes the address, date, amount, a category of the expenditure as
"Credit Card Payment," and a description as "Payment of credit card bill for political
advertising."
2. The $500 amount reported on the "Political Expenditures from Political Contributions"
Schedule (F1) will also be included in the appropriate sections of Cover Sheet Pages 2
and 3.
Example ##4: Candidate Using Credit Card to Make a Political Expenditure and Using
Political Contributions to Pay the Credit Card Bill in Different Reporting Periods
A candidate for judicial office uses her credit card to buy $500 in political advertising in a
newspaper. The candidate receives the statement from the credit card company but does not send
a payment until after the reporting period ends. When the candidate sends a payment to the credit
card company, she makes a $500 payment from her political contributions account.
To report the credit card charge, the candidate would report all of the following on a campaign
finance report (Form JC /OH) covering the period in which she made the credit card charge:
1. A $500 expenditure on the `Expenditures Made by Credit Card" Schedule (174). The
schedule identifies the newspaper as the payee of the expenditure and includes the
address, date, amount, a category of the expenditure as "Advertising Expense," and a
description as "Political Advertising." In Section 9 of the schedule, the box for "Political"
is also checked.
2. The $500 amount reported on the "Expenditures Made by Credit Card" Schedule (174)
will also be included in the appropriate sections of Cover Sheet Pages 2 and 3.
To report the payment to the credit card company, the candidate would also report all of the
following on a campaign finance report (Form JC /OH) covering the period in which the payment
to the credit card company was made:
1. A $500 expenditure on the "Political. Expenditures from Political Contributions"
Schedule (171). The schedule identifies the credit card company as the payee of the
expenditure and includes the address, date, amount, a category of the expenditure as
"Credit Card Payment," and a description as "Payment of credit card bill for political
advertising."
2. The $500 amount reported on the "Political Expenditures from Political Contributions"
Schedule (F1) will also be included in the appropriate sections of Cover Sheet Pages 2
and 3.
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Form C /OH — Instruction Guide
This list is for illustrative purposes only. It is intended to provide helpful information and to
assist filers in reporting the purpose of an expenditure. However, it is not, and is not intended to
be, an exhaustive or an exclusive list of how a filer may permissibly report the purpose of an
expenditure.
(1) Example: Candidate X is seeking the office of State Representative, District 2000. She
purchases an airline ticket from ABC Airlines to attend a campaign rally within District 2000.
The acceptable category for this expenditure is "travel in district." The candidate activity that is
accomplished by making the expenditure is to attend a campaign rally. An acceptable brief
statement is "airline ticket to attend campaign event."
(2) Example: Candidate X purchases an airline ticket to attend a campaign event outside of
District 2000 but within Texas, the acceptable category is "travel out of district." The candidate
activity that is accomplished by making the expenditure is to attend a campaign event. An
acceptable brief statement is "airline ticket to attend campaign or officeholder event."
(3) Example: Candidate X purchases an airline ticket to attend an officeholder related seminar
outside of Texas. The acceptable method for the purpose of this expenditure is by selecting the
"travel out of district" category and completing the "Schedule T" (used to report travel outside of
Texas).
(4) Example: Candidate X contracts with an individual to do various campaign related tasks such
as work on a campaign phone bank, sign distribution, and staffing the office. The acceptable
category is "salaries /wages /contract labor." The candidate activity that is accomplished by
making the expenditure is to compensate an individual working on the campaign. An acceptable
brief statement is "contract labor for campaign services."
(5) Example: Officeholder X is seeking re- election and makes an expenditure to purchase a
vehicle to use for campaign purposes and permissible officeholder purposes. The acceptable
category is "transportation equipment and related expenses" and an acceptable brief description
is "purchase of campaign /officeholder vehicle."
(6) Example: Candidate X makes an expenditure to repair a flat tire on a campaign vehicle
purchased with political funds. The acceptable category is "transportation equipment and related
expenses" and an acceptable brief description is "campaign vehicle repairs."
(7) Example: Officeholder X purchases flowers for a constituent. The acceptable category is
"gifts /awards /memorials expense" and an acceptable brief description is "flowers for
constituent."
(8) Example: Political Committee XYZ makes a political contribution to Candidate X. The
acceptable category is "contributions /donations made by candidate /officeholder /political
committee" and an acceptable brief description is "campaign contribution."
(9) Example: Candidate X makes an expenditure for a filing fee to get his name on the ballot.
The acceptable category is "fees" and an acceptable brief description is "candidate filing fee."
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Form C /OH — Instruction Guide
(10) Example: Officeholder X makes an expenditure to attend a seminar related to performing a
duty or engaging in an activity in connection with the office. The acceptable category is "fees"
and an acceptable brief description is "attend officeholder seminar."
(11) Example: Candidate X makes an expenditure for political advertising to be broadcast by
radio. The acceptable category is "advertising expense" and an acceptable brief description is
"political advertising." Similarly, Candidate X makes an expenditure for political advertising to
appear in a newspaper. The acceptable category is "advertising expense" and an acceptable brief
description is "political advertising."
(12) Example: Officeholder X makes expenditures for printing and postage to mail a letter to all
of her constituents, thanking them for their participation during the legislative session.
Acceptable categories are "advertising expense" OR "printing expense" and an acceptable brief
description is "letter to constituents."
(13) Example: Officeholder X makes an expenditure to pay the campaign office electric bill. The
acceptable category is "office overhead/rental expense" and an acceptable brief description is
"campaign office electric bill."
(14) Example: Officeholder X makes an expenditure to purchase paper, postage, and other
supplies for the campaign office. The acceptable category is "office overhead/rental expense"
and an acceptable brief description is "campaign office supplies."
(15) Example: Officeholder X makes an expenditure to pay the campaign office monthly rent.
The acceptable category is "office overhead/rental expense" and an acceptable brief description
is "campaign office rent."
(16) Example: Candidate X hires a consultant for fundraising services. The acceptable category
is "consulting expense" and an acceptable brief description is "campaign services."
(17) Example: Candidate /Officeholder X pays his attorney for legal fees related to either
campaign matters or officeholder matters. The acceptable category is "legal services" and an
acceptable brief description is "legal fees for campaign" or "for officeholder matters."
(18) Example: Candidate /Officeholder X makes food and beverage expenditures for a meeting
with her constituents. The acceptable category is "food /beverage expense" and an acceptable
brief statement is "meeting with constituents."
(19) Example: Candidate X makes food and beverage expenditures for a meeting to discuss
candidate issues. The acceptable category is "food/beverage expense" and an acceptable brief
statement is "meeting to discuss campaign issues."
(20) Example: Officeholder X makes food and beverage expenditures for a meeting to discuss
officeholder issues. The acceptable category is " food/beverage expense" and an acceptable brief
statement is "meeting to discuss officeholder issues."
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Form C /OH — Instruction Guide
(21) Example: Candidate /Officeholder X makes food and beverage expenditures for a meeting to
discuss campaign and officeholder issues. The acceptable category is "food/beverage expense"
and an acceptable brief statement is "meeting to discuss campaign /officeholder issues."
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Form C /OH — Instruction Guide
EXAMPLES: REPORTING EXPENDITURES
FROM PERSONAL FUNDS
This list is for illustrative purposes only. It is intended to provide helpful information and to
assist filers in reporting expenditures from personal funds.
If you intend to seek reimbursement of any amount from political contributions for a political
expenditure made from your personal funds, you must report the expenditure in one of three
ways. Keep in mind that this reporting system is not an accounting system and duplication of
expenditures is not uncommon when reporting transactions related to expenditures made from
personal funds.
Method #1: Itemize the expenditure on the "Political Expenditures Made from Personal Funds"
schedule (Schedule G) and check the box to indicate that you intend to seek reimbursement from
political contributions. You may not correct a report to allow reimbursement without subjecting
yourself to a possible penalty. When you reimburse yourself, which could be months or years
later, report the reimbursement on the "Political Expenditures" schedule (Schedule F1).
Example: On December 1, 2007, Candidate A spends $500 of her own personal
funds to purchase political advertising signs. She reports the expenditure to the
vendor on Schedule G and checks the box to indicate that reimbursement is
intended. One year later, Candidate A reimburses herself from political
contributions. She reports the reimbursement on Schedule F1. Candidate A is the
payee and the purpose of the expenditure is to reimburse herself for a political
expenditure made from personal funds on December 1, 2007.
If you intend to seek reimbursement from political contributions for a political expenditure of
any amount made from personal funds, you must itemize the expenditure on Schedule G.
Method #2: Report the political expenditures made from your personal funds as a loan to your
campaign on the "Loans" schedule (Schedule E). Next, report the political expenditures made
from that loan as if they were made from political funds (report on Schedules F1, F2, F3, F4, or
H as appropriate). Do NOT report political expenditures made from the loan on Schedule G.
The amount you report as a loan in a reporting period may NOT exceed the amount you actually
spent from personal funds in that reporting period. In other words, do not report a $100,000 loan .
to your campaign if the amount actually spent from personal funds in the reporting period was
$5,000. When you reimburse yourself, which could be months or years later, report the
reimbursement on the Schedule F1.
Example: In one reporting period, Candidate B spends $5,000 of his own
personal funds to purchase political advertising materials. He spends $3,000 at
Business One and $2,000 at Business Two. He reports the expenditures as a
$5,000 loan on Schedule E and then itemizes each of the two expenditures as a
political expenditure on Schedule F1. A year later, Candidate B reimburses
himself from political contributions by disclosing the reimbursement on Schedule
Fl. He reports the reimbursement on Schedule F1. The payee in this instance is
Candidate B, the category of the expenditure is "Loan
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Form C /OH — Instruction Guide
Repayment/Reimbursement," and "political expenditure made from personal
funds reported as a loan" is an acceptable brief description.
Method #3: Deposit personal funds in an account in which your political contributions are
maintained and report that amount as a loan on the "Loans" schedule (Schedule E). Next, report
the political expenditures made from that loan as if they were made from political funds (report
on Schedules F1, F2, F3, or H as appropriate). When you reimburse yourself, which could be
months or years later, report the reimbursement on the Schedule F 1. The reimbursement may not
exceed the amount reported as a loan. Personal funds deposited in an account in which political
contributions are held are subject to the personal use restriction.)
Example: In one reporting period, Candidate C opens a campaign bank account
and deposits $5,000 of her own personal funds into the account. She makes one
$3,000 expenditure for political advertising. Candidate C has no other activity in
the reporting period. She reports the $5,000 as a loan on Schedule E, itemizes the
$3,000 expenditure for the political advertising on Schedule Fl, and includes the
remaining $2,000 on her contributions maintained at the end of the reporting
period total. A year later, Candidate C reimburses herself from political
contributions by disclosing the reimbursement on Schedule Fl. The payee in this
instance is Candidate C, the category of expenditure is "Loan
Repayment /Reimbursement," and "political expenditure made from personal
funds reported as a loan" is an acceptable brief description.
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Form C /OH — Instruction Guide
This list is for illustrative purposes only. It is intended to provide helpful information and to
assist filers in reporting staff reimbursements.
When a staff member makes political payment(s) out of his or her personal funds, how you
disclose the payment(s) depends on two things: 1) the aggregate total of those payments in the
reporting period; and 2) whether or not you reimburse the staff worker in the same reporting
period.
Example #1: The payment out of the staff worker's personal funds does not exceed $5,000 in the
reporting period and you reimburse the staff worker from political funds in the same reporting
period — You will simply itemize the payment (if over the $100 itemization threshold) on
Schedule F1 as if you made the expenditure directly to the vendor out of your political funds,
with the name of the vendor who sold the goods or services as the payee for the expenditure. Do
not disclose as the payee the name of your staff worker.
Example #2: The payment(s) out of the staff worker's personal funds are over $5,000 in the
aggregate in the reporting period and you reimburse the staff worker from political funds in the
same reporting period — You will use a 3 -step process, disclosing everything on the same report:
(1) On Schedule E, disclose the total amount paid from the staff worker's personal funds as a
loan from the staff worker to your campaign; (2) On Schedule F1, itemize the payments made by
your staff worker separately, with the names of the vendors who sold the goods or services to
your staff worker as the payees for the expenditures. Do not disclose as the payee the name of
your staff worker; and (3) On Schedule F1, disclose the payment to your staff worker for the
reimbursement of the loan.
Example #3: The payment(s) out of the staff worker's personal funds do not exceed $5,000 in
the aggregate in the reporting period but you reimburse the staff worker from political funds in a
different reporting period — You will use a 3 -step process, disclosing steps 1 and 2 on the same
report and step 3 later, when the reimbursement occurs: (1) On Schedule E, disclose the total
amount paid from the staff worker's personal funds as a loan from the staff worker to your
campaign; (2) On Schedule F1, itemize the payments made by your staff worker separately, with
the names of the vendors who sold the goods or services to your staff worker as the payees for
the expenditures. Do not disclose as the payee the name of your staff worker; and (3) When you
reimburse your staff worker, if ever, disclose on Schedule F1 of the report covering the period in
which the reimbursement occurs the payment to your staff worker for the reimbursement of the
loan.
Texas Ethics Commission Page 51 . Revised 01/01/2017
TEXAS ETHICS COMMISSION
CAMPAIGN FINANCE GUIDE FOR CANDIDATES
AND OFFICEHOLDERS WHO FILE WITH
LOCAL FILING AUTHORITIES
This guide is for candidates for and officeholders in the following positions:
• county offices;
• precinct offices;
• single - county district offices;
• city offices; and
• offices of other political subdivisions such as school districts
This guide applies to candidates for and officeholders of justice of the peace. This guide does not apply to
candidates for and judges of statutory county courts, statutory probate courts, or district courts. For those
candidates and officeholders, the Ethics Commission makes available a CAMPAIGN FINANCE GUIDE FOR JUDICIAL
CANDIDATES AND OFFICEHOLDERS.
The Ethics Commission also makes available a CAMPAIGN FINANCE GUIDE FOR CANDIDATES AND OFFICEHOLDERS
WHO FILE WITH THE ETHICS COMMISSION, a CAMPAIGN FINANCE GUIDE FOR POLITICAL COMMITTEES, and a
CAMPAIGN FINANCE GUIDE FOR POLITICAL PARTIES.
Revised November 15, 2017
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711 -2070
(512) 463 -5800 FAX (512) 463 -5777 TDD 1- 800 -735 -2989
Visit us at http: / /www.ethics.state.te.us on the Internet.
AN EQUAL OPPORTUNITY EMPLOYER
The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
CAMPAIGN FINANCE GUIDE FOR CANDIDATES
AND OFFICEHOLDERS WHO FILE WITH
LOCAL FILING AUTHORITIES
TABLE OF CONTENTS
INTRODUCTION......................................................................................... ............................... l
Officeholders............................................................................................. ............................... 1
Judicial Candidates and Officeholders ...................................................... ............................... 1
FederalOffices .......................................................................................... ............................... 1
FilingAuthorities ...................................................................................... ............................... 1
Political Committees (PACS) ................................................................... ............................... 2
Financial Disclosure Statements ............................................................... ............................... 2
FederalIncome Tax .................................................................................. ............................... 3
TexasEthics Commission ......................................................................... ............................... 3
APPOINTING A CAMPAIGN TREASURER .......................................... ............................... 3
No Campaign Contributions or Expenditures Without Treasurer Appointment on File ......... 4
Appointing Treasurer Triggers Reporting Duties ..................................... ............................... 4
Qualifications of Campaign Treasurer ...................................................... ............................... 4
Duties of Campaign Treasurer ................................................................ ............................... 4
Effective Date of Appointment ................................................................. ............................... 4
Code of Fair Campaign Practices ............................................................. ............................... 4
Appointmentby Officeholder ................................................................. ............................... 5
Filing for a Place on the Ballot ................................................................. ............................... 5
ChangingTreasurers ................................................................................. ............................... 5
Transferring to a Different Filing Authority ............................................. ............................... 5
Terminating a Campaign Treasurer Appointment .................................... ............................... 5
DecidingNot to Run ................................................................................. ............................... 5
POLITICAL CONTRIBUTIONS AND EXPENDITURES ..................... ............................... 6
CampaignContributions ........................................................................... ............................... 6
CampaignExpenditures .......................................................................... ............................... 7
Officeholder Contributions ..................................................................... ............................... 7
OfficeholderExpenditures ........................................................................ ............................... 7
Campaign Expenditures by Officeholder ................................................. ............................... 7
Permissible Use of Political Contributions ............................................... ............................... 8
Use of Political Funds to Rent or Purchase Real Property ....................... ............................... 8
AcceptingContributions ........................................................................... ............................... 8
Reimbursement for Political. Expenditures From Personal Funds ............ ............................... 9
SeparateAccount Required ....................................................................... ............................... 9
INFORMATION REQUIRED ON REPORTS ......................................... ............................... 9
Contributions............................................................................................. ............................... 9
Pledges...................................................................................................... ............................... 9
Loans....................................................................................................... ............................... 10
Contributions of Personal Services ......................................................... ............................... 10
Contributions of Personal Travel ............................................................ ............................... 10
Contributions From Out -of -State Political Committees ........................... .............................10
Texas Ethics Commission Page i Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
Expenditures........................................................................................... ............................... 11
Unpaid Incurred Obligations ................................................................... ............................... 11
Expenditures Made by Credit Card ......................................................... ............................... l l
Campaign Expenditures From Personal Funds ...................................... ............................... 12
Officeholder Expenditures From Personal Funds ................................... ............................... 12
DirectExpenditures ................................................................................ ............................... 13
Supporting Political Committees ............................................................ ............................... 13
Payments to a Business of the Candidate or Officeholder ...................... ............................... 13
Interest Earned and Other Credits /Gains /Refunds .................................. ............................... 13
Purchase of Investments ......................................................................... ............................... 14
Total Political Contributions Maintained .................................................. .............................14
Time of Accepting Contribution ............................................................. ............................... 14
Time of Making Expenditure .................................................................. ............................... 14
PREPARINGREPORTS ............................................................................. .............................15
Forms........................................................................................................ .............................15
SignatureRequired .................................................................................. ............................... 15
FilingDeadlines ........................................................................................ .............................15
Periods Covered by Reports ...................................................................... .............................15
Deadline on Weekend or Holiday ........................................................... ............................... 15
5 P.M. Deadline ........................................................................................ .............................15
Delivery by Mail or Other Carrier .......................................................... ............................... 16
Retention of Records Used for Reports .................................................... .............................16
REPORTS...................................................................................................... .............................16
SemiannualReports .................................................................................. .............................16
Reports Due 30 Days and 8 Days Before an Election ............................ ............................... 16
Report Due 8 Days Before a Runoff Election .......................................... .............................17
ModifiedReporting ................................................................................... .............................17
"15th Day After Appointment of Campaign Treasurer by an Officeholder" Report ............17
FinalReport ............................................................................................ ............................... 18
Annual Report of Unexpended Contributions .......................................... .............................18
Final Disposition of Unexpended Contributions Report .......................... .............................18
ENDING FILING OBLIGATIONS ............................................................. ............................1.8
FinalReport ............................................................................................ ............................... 18
Annual Report of Unexpended Contributions .......................................... .............................19
Report of Final Disposition of Unexpended Contributions ...................... .............................19
PENALTIES FOR REPORTING VIOLATIONS ................................... ............................... 20
CAMPAIGN FINANCE RESTRICTIONS ................................................ .............................21
Texas Ethics Commission Page ii Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
INTRODUCTION
This guide is a summary of reporting requirements and other regulations set out in title 15 of the
Texas Election Code (chs. 251 -258) and in the rules adopted by the Texas Ethics Commission. This
guide applies to candidates for and officeholders in most local offices in Texas.
This guide does not apply to candidates for or officeholders of statewide elective offices, the State
Legislature, seats on the State Board of Education, or multi- county district offices. Nor does it apply
to candidates for or judges of statutory county courts, statutory probate courts, or district courts.
OFFICEHOLDERS
Officeholders as well as candidates are subject to regulation under title 15. An officeholder who has
a campaign treasurer appointment on file with a filing authority is a "candidate" for purposes of title
15 and is subject to all the regulations applicable to candidates. An officeholder who does not have a
campaign treasurer appointment on file is subject only to the regulations applicable to officeholders.
Most of the requirements discussed in this guide apply to both candidates (individuals who have a
campaign treasurer appointment on file) and to officeholders who do not have a campaign treasurer
appointment on file. The guide will indicate whether a particular requirement applies to individuals
who have campaign treasurer appointments on file, to officeholders who do not have campaign
treasurer appointments on file, or to both.
I1013[ oElWWRL1113117rYx.1\01117179111[ 191:[134ago
Candidates for and officeholders in most judicial offices are subject to various restrictions that do not
apply to other candidates and officeholders. Those candidates and officeholders should review the
CAMPAIGN FINANCE GUIDE FOR JUDICIAL CANDIDATES AND OFFICEHOLDERS and the POLITICAL
ADVERTISING GUIDE which are available on the commission's website.
Nonjudicial Officeholder Seeking Judicial Office. Pursuant to Ethics Advisory Opinion No. 465
(2005), a nonjudicial officeholder who becomes a judicial candidate is required to file two campaign
finance reports, one reporting nonjudicial activity and the other reporting judicial activity.
Alternatively, a nonjudicial officeholder who becomes a judicial candidate may select to file a single
report that includes both candidate and officeholder activity if the activity is clearly and properly
reported. See the CAMPAIGN FINANCE GUIDE FOR JUDICIAL CANDIDATES AND OFFICEHOLDERS for
more information.
This guide does not apply to candidates for federal offices. Candidates for federal offices should
contact the Federal Elections Commission. The FEC's toll -free number is (800) 424 -9530.
FILING AUTHORITIES
Title 15 requires candidates and officeholders to file various documents and reports with the
appropriate filing authority.
Texas Ethics Commission Page 1 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
The filing authority for a local candidate or officeholder depends on the nature of the office sought
or held.
County Clerk. The county clerk (or the county elections administrator if the county has an
elections administrator, or tax assessor - collector if the county's commissioners court has
transferred the filing authority function to the tax assessor - collector and the county clerk and
tax assessor - collector have agreed to the transfer) is the appropriate filing authority for a
candidate for:
• a county office;
• a precinct office;
• a district office (except for multi - county district offices); and
• an office of a political subdivision other than a county if the political subdivision is
within the boundaries of a single county and if the governing body of the political
subdivision has not been formed.
Other local filing authority. If a candidate is seeking an office of a political subdivision
other than a county, the appropriate filing authority is the clerk or secretary of the governing
body of the political subdivision. If the political subdivision has no clerk or secretary, the
appropriate filing authority is the governing body's presiding officer.
Texas Ethics Commission. The Texas Ethics Commission is the appropriate filing authority
for candidates for:
• Multi- county district offices. (Reminder: This guide does not apply to multi - county
district offices.)
• An office of a political subdivision other than a county if the political subdivision
includes areas in more than one county and if the governing body of the political
subdivision has not been formed.
POLITICAL COMMITTEES (PACS)
Often a candidate or officeholder chooses to establish a specific - purpose political committee. A
political committee is subject to separate filing requirements. Establishing a specific - purpose
political committee does not relieve a candidate or officeholder of the obligation to file as an
individual. For more information about political committees, see the Ethics Commission's
CAMPAIGN FINANCE GUIDE FOR POLITICAL COMMITTEES.
FINANCIAL DISCLOSURE STATEMENTS
Some local candidates and officeholders are required to file an annual personal financial statement in
accordance with Government Code chapter 572 or Local Government Code chapter 159. This
statement is not a campaign finance document, and is not addressed in this guide.
Texas Ethics Commission Page 2 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
This pamphlet does not address the federal tax implications of campaign finance. Questions
regarding federal tax law should be directed to the Internal Revenue Service.
TEXAS ETHICS COMMISSION
If you have a question about how title 15 applies to you, you may call the Ethics Commission for
assistance or you may request a written advisory opinion.
The Ethics Commission has authority to impose fines for violations of title 15. If you have evidence
that a person has violated title 15, you may file a sworn complaint with the Ethics Commission.
The Ethics Commission's mailing address is P.O. Box 12070, Austin, Texas 78711. The phone
number is (512) 463 -5800. The Ethics Commission maintains a website at www. ethics. state. tx. us on
the Internet.
APPOINTING A CAMPAIGN TREASURER
If you plan to run for a public office in Texas (except for a federal office), you must file an
APPOINTMENT OF A CAMPAIGN TREASURER BY A CANDIDATE (FORM CTA) with the proper filing
authority when you become a candidate even if you do not intend to accept campaign contributions
or make campaign expenditures. A "candidate" is a person who knowingly and willingly takes
affirmative action for the purpose of gaining nomination or election to public office or for the
purpose of satisfying financial obligations incurred by the person in connection with the campaign
for nomination or election. Examples of affirmative action include:
(A) the filing of a campaign treasurer appointment, except that the filing does not constitute
candidacy or an announcement of candidacy for purposes of the automatic resignation
provisions of Article XVI, Section 65, or Article XI, Section 11, of the Texas
Constitution;
(B) the filing of an application for a place on the ballot;
(C) the filing of an application for nomination by convention;
(D) the filing of a declaration of intent to become an independent candidate or a declaration
of write -in candidacy;
(E) the making of a public announcement of a definite intent to run for public office in a
particular election, regardless of whether the specific office is mentioned in the
announcement;
(F) before a public announcement of intent, the making of a statement of definite intent to
run for public office and the soliciting of support by letter or other mode of
communication;
(G) the soliciting or accepting of a campaign contribution or the making of a campaign
expenditure; and
(H) the seeking of the nomination of an executive committee of a political party to fill a
vacancy.
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NO CAMPAIGN CONTRIBUTIONS OR EXPENDITURES WITHOUT TREASURER
APPOINTMENT ON FILE
Additionally, the law provides that you must file a campaign treasurer appointment form with the
proper filing authority before you may accept a campaign contribution or make or authorize a
campaign expenditure, including an expenditure from your personal funds. A filing fee paid to a
filing authority to qualify for a place on a ballot is a campaign expenditure that may not be made
before filing a campaign treasurer appointment form with the proper filing authority.
z$ JAHM
After a candidate has filed a form appointing a campaign treasurer, the candidate is responsible for
filing periodic reports of contributions and expenditures. Filing reports is the responsibility of the
candidate, not the campaign treasurer. Even if a candidate loses an election, he or she must continue
filing reports until he or she files a final report. See "Ending Filing Obligations" in this guide. (An
officeholder who files a final report, and thereby terminates his or her campaign treasurer
appointment, may still be required to file semiannual reports of contributions and expenditures as an
officeholder.)
C1111A0191 [ON YUJOI K17WKILl1ARCKIN1195I_1.Y0951.7
A person is ineligible for appointment as a campaign treasurer if the person is the campaign treasurer
of a political committee that has outstanding filing obligations (including outstanding penalties).
This prohibition does not apply if the committee in connection with which the ineligibility arose has
not accepted more than $5,000 in political contributions or made more than $5,000 in political
expenditures in any semiannual reporting period. A person who violates this prohibition is liable for
a civil penalty not to exceed three times the amount of political contributions accepted or political
expenditures made in violation of this provision.
DUTIES OF CAMPAIGN TREASURER
A candidate's campaign treasurer has no legal duties. (Note: The campaign treasurer of apolitical
committee is legally responsible for filing reports.)
104 N 11 x6i 1111111111 i, 111111111,11 ii 11,111 iPl
A campaign treasurer appointment is effective when filed. A hand- delivered appointment takes
effect on the date of delivery. A mailed appointment takes effect on the date of the postmark.
CODE OF FAIR CAMPAIGN PRACTICES
A filing authority should provide to each individual who files a campaign treasurer appointment a
form containing a Code of Fair Campaign Practices. A candidate may pledge to conduct his or her
campaign in accordance with the principles and practices set out in the Code by signing the form and
filing it with the appropriate filing authority.
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If an officeholder files an appointment of campaign treasurer after a period in which he or she did
not have a campaign treasurer appointment on file, the officeholder may have to file a report of
contributions and expenditures no later than 15 days after filing the appointment of campaign
treasurer. See "15th Day After Appointment of Campaign Treasurer by Officeholder" in this guide.
An officeholder who changes a campaign treasurer is not required to file this report.
Note: An officeholder who has a campaign treasurer appointment on file is a candidate for purposes
of title 15.
FILING FOR A PLACE ON THE BALLOT
Filing a campaign treasurer appointment and filing for a place on the ballot are two completely
separate actions. The Secretary of State can provide information about filing for a place on the
ballot. Call the Secretary of State at (512) 463 -5650 or toll -free at (800) 252 -8683.
CHANGING TREASURERS
A candidate may change campaign treasurers at any time by filing an amended appointment of
campaign treasurer (FoRm ACTA). Filing an appointment of a new treasurer automatically
terminates the appointment of the old treasurer.
If a candidate has a campaign treasurer appointment on file with one filing authority and wishes to
accept campaign contributions or make campaign expenditures in connection with a candidacy for an
office that would require reporting to a different filing authority, the candidate must file a new
campaign treasurer appointment and a copy of the old campaign treasurer appointment (certified by
original authority) with the second filing authority. The candidate should also provide written notice
to the original filing authority that future reports will be filed with another authority. In general,
funds accepted in connection with one office may be used in connection with a campaign for a
different office, as long as neither of the offices is a judicial office.
TERMINATING A CAMPAIGN TREASURER APPOINTMENT
A candidate may terminate a campaign treasurer appointment by filing an amended appointment of
campaign treasurer or by filing a final report.
A campaign treasurer may terminate his or her own appointment by notifying both the candidate and
the filing authority in writing. The termination is effective on the date the candidate receives the
notice or on the date the filing authority receives the notice, whichever is later.
DECIDING NOT TO RUN
A campaign treasurer appointment does not simply expire. An individual who has a campaign
treasurer appointment on file must file reports of contributions and expenditures until he or she files
a final report with the filing authority. See "Ending Filing Obligations" in this guide.
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Things to Remember
• If you plan to run for a public office in Texas (except for a federal office), you must file an
APPOINTMENT OF A CAMPAIGN TREASURER BY A CANDIDATE (FORM CTA) with the proper
filing authority when you become a candidate even if you do not intend to accept campaign
contributions or make campaign expenditures.
• A person may not accept a campaign contribution or make a campaign expenditure unless
the person has a campaign treasurer appointment on file with the proper filing authority.
• Once a person files a form appointing a campaign treasurer, the person is a candidate for
disclosure filing purposes and is responsible for filing periodic reports of contributions and
expenditures with the proper filing authority until the person files a "final report."
• The candidate, not the campaign treasurer, is responsible for filing periodic reports of
contributions and expenditures.
• Filing a campaign treasurer appointment does not automatically "sign you up" for a place
on the ballot. The Secretary of State can provide information about getting on the ballot.
Call (512) 463 -5650 or (800) 252 -8683.
POLITICAL CONTRIBUTIONS AND EXPENDITURES
Title 15 regulates political contributions and political expenditures. There are two types of political
contributions: campaign contributions and officeholder contributions. Similarly, there are two kinds
of political expenditures: campaign expenditures and officeholder expenditures.
CAMPAIGN CONTRIBUTIONS
A person makes a campaign contribution to a candidate if the person provides or promises something
of value with the intent that it be used in connection with a campaign. A contribution of goods or
services is an "in -kind" campaign contribution. A loan is considered to be a contribution unless it is
from an incorporated financial institution that has been in business for more than a year. Candidates
must report all loans made for campaign purposes, including loans that are not "contributions."
• Donations to a candidate at a fund- raiser are campaign contributions.
• The provision of office space to a candidate is an "in- kind" campaign contribution.
• A promise to give a candidate money is a campaign contribution.
• An item donated to be auctioned at a fund - raiser is an "in- kind" campaign contribution.
The purchase of the item at the auction is also a contribution.
• A campaign volunteer is making a contribution in the form of personal services.
(Contributions of personal services are sometimes not required to be reported. See
"Contributions of Personal Services" in this guide.)
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Note: An individual may not accept a campaign contribution without an appointment of campaign
treasurer on file with the proper filing authority.
CAMPAIGN EXPENDITURES
A campaign expenditure is a payment or an agreement to make a payment in connection with a
campaign for an elective office.
• Paying a filing fee in connection with an application for a place on a ballot is a campaign
expenditure.
• Purchasing stationery for fund - raising letters is a campaign expenditure.
• Renting a field to hold a campaign rally is a campaign expenditure.
• Paying people to put up yard signs in connection with an election is a campaign
expenditure.
Note: An individual may not make a campaign expenditure unless he or she has a campaign
treasurer appointment on file with the proper filing authority.
OFFICEHOLDER CONTRIBUTIONS
The provision of or a promise to provide goods or services to an officeholder that is intended to
defray expenses in connection with an officeholder's duties or activities is an officeholder
contribution if the expenses are not reimbursable with public money. A contribution of goods or
services is an "in- kind" officeholder contribution.
A loan from an incorporated financial institution that has been in business for more than a year is not
considered a contribution, but an officeholder must report any such loans made for officeholder
purposes.
An officeholder is not required to have a campaign treasurer appointment on file to accept
officeholder contributions. An officeholder who does not have a campaign treasurer on file may not
accept campaign contributions.
OFFICEHOLDER EXPENDITURES
A payment or agreement to pay certain expenses in connection with an officeholder's duties or
activities is an officeholder expenditure if the expenses are not reimbursable with public money.
An officeholder is not required to have a campaign treasurer appointment on file to make
officeholder expenditures. An officeholder who does not have a campaign treasurer on file may not
make campaign expenditures.
CAMPAIGN EXPENDITURES BY OFFICEHOLDER
An officeholder who has a campaign treasurer appointment on file may accept both campaign
contributions and officeholder contributions and make both campaign expenditures and officeholder
expenditures. On a report, there is no need for an officeholder who is a candidate to distinguish
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between campaign contributions and officeholder contributions or between campaign expenditures
and officeholder expenditures. Both campaign contributions and officeholder contributions are
reported as "political contributions" and both campaign expenditures and officeholder expenditures
are reported as "political expenditures."
An officeholder who does not have a campaign treasurer on file may accept officeholder
contributions and make officeholder expenditures but may not accept campaign contributions or
make campaign expenditures.
PERMISSIBLE USE OF POLITICAL CONTRIBUTIONS
An officeholder may use officeholder contributions for campaign purposes if the officeholder has an
appointment of campaign treasurer on file. Candidates and officeholders may not convert political
contributions to personal use. See "Campaign Finance Restrictions" in this guide.
USE OF POLITICAL FUNDS TO RENT OR PURCHASE REAL PROPERTY
A candidate or officeholder is prohibited from using political funds to purchase real property or to
pay the interest on or principal of a note for the purchase of real property.
A candidate or officeholder may not knowingly make or authorize a payment from political funds for
the rental or purchase of real property from: (1) a person related to the candidate or officeholder
within the second degree of consanguinity or affinity as determined under Chapter 573, Government
Code; or (2) a business in which the candidate or officeholder (or a person related to the candidate or
officeholder within the second degree of consanguinity or affinity) has a participating interest of
more than 10 percent, holds a position on the governing body, or serves as an officer. Elec. Code
§ 253.038 (a -1). This restriction applies to a payment made from political funds on or after
September 1, 2007, without regard to whether the payment was made under a lease or other
agreement entered into before that date.
ACCEPTING CONTRIBUTIONS
A candidate or officeholder must report contributions that he or she has accepted. Receipt is
different from acceptance. A decision to accept a contribution must be made by the end of the
reporting period during which the contribution is received.
Failure to make a determination about acceptance or refusal. If a candidate or officeholder fails
to make a timely determination to accept or refuse a contribution by the deadline, the contribution is
considered to have been accepted.
Returning refused contributions. If a candidate or officeholder receives a political contribution
but does not accept it, he or she must return the contribution not later than the 30th day after the end
of the reporting period in which the contribution was received. Otherwise, the contribution is
considered to have been accepted.
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REIMBURSEMENT FOR POLITICAL EXPENDITURES FROM PERSONAL FUNDS
If a candidate or officeholder makes political expenditures from personal funds, he or she may use
political contributions to reimburse himself or herself if the expenditures are properly reported either
on the reporting schedule for loans or on the reporting schedule for political expenditures from
personal funds. In order for a candidate or officeholder to use political contributions to reimburse
his or her personal funds, the political expenditure from personal funds must be properly reported on
the report covering the period in which the expenditures are made. A filed report may not be later
corrected to indicate an intention to reimburse personal funds from political contributions.
If a candidate or officeholder deposits personal funds in an account in which political contributions
are held as permitted by section 253.0351(c) of the Election Code, the deposited amount must be
reported as a loan and reimbursements to the candidate or officeholder may not exceed the amount
reported as a loan. See "Campaign Expenditures from Personal Funds" in this guide for additional
information.
SEPARATE ACCOUNT REQUIRED
A candidate or officeholder must keep political contributions in one or more accounts that are
separate from any other account maintained by the candidate or officeholder. (There is no
requirement to keep campaign contributions in a separate account from officeholder contributions.)
INFORMATION REQUIRED ON REPORTS
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A report must disclose the amount of each contribution or the value and nature of any in -kind
contribution, as well as the name and address of the individual or political committee making the
contribution, and the date of the contribution. (Detailed information about a contributor is not
required to be reported if the contributor contributed $50 or less during the reporting period.)
1
Promises to transfer money, goods, services, or other things of value are contributions. If a filer
accepts such a promise, he or she must report it (along with the information required for other
contributions) on the reporting schedule for "pledges." Once a pledge has been received, it is
reported on the appropriate receipts schedule for the reporting period in which the pledge is received.
A pledge that is actually received in the same reporting period in which the pledge was accepted
shall be reported only on the appropriate receipts schedule.
Note: A pledge is not a contribution unless it has been accepted.
Example 1: In June a supporter promises that he will give Juan Garcia $1,000 in the last week
before the November election. Juan accepts his promise. Juan must report the pledge on his July 15
report. Juan must also report a political contribution when the pledge is actually received. (Note: If
Juan receives the pledge during the July semiannual reporting period then he does not report the
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pledge and only reports a political contribution. Also, if he never receives the $1,000, he does not
amend his report to delete the entry for the pledge.)
Example 2: At a party, an acquaintance says to Juan, "I'd like to give you some money; call me at
my office." Juan agrees to call. At this point, Juan has accepted nothing and has nothing to report.
Juan has not agreed to accept money; he has merely agreed to call.
Loans made for campaign or officeholder purposes are reportable. A filer must report the amount of
a loan, the date the loan is made, the interest rate, the maturity date, the type of collateral, and the
name and address of the lender. The filer must also report the name, address, principal occupation,
and employer of any guarantor and the amount guaranteed by the guarantor. (Detailed information
is not required if a particular lender lent $50 or less during a reporting period.) If a candidate or
officeholder deposits personal funds in an account in which political contributions are held as
permitted by section 253.0351(c) of the Election Code, the deposited amount must be reported as a
loan. See "Campaign Expenditures from Personal Funds" in this guide for additional information.
Note: A loan from an incorporated financial institution that has been in business for more than one
year is not a contribution. Other loans are considered to be contributions. This distinction is
important because of the prohibition on contributions from banks and certain other financial
institutions. See "Campaign Finance Restrictions" in this guide. All loans are reported on the same
schedule, regardless of whether they are contributions. Additionally, the forgiveness of a loan is a
reportable in -kind contribution. See Ethics Commission Rules § 20.64.
CONTRIBUTIONS OF PERSONAL SERVICES
A political contribution consisting of an individual's personal services is not required to be reported
if the individual receives no compensation from any source for the services.
X ULI 1I" aI RNI[WIREQ9991M113►/\111IMIXI /3
A political contribution consisting of personal travel expense incurred by an individual is not
required to be reported if the individual receives no reimbursement for the expense.
CONTRIBUTIONS FROM OUT -OF -STATE POLITICAL COMMITTEES
There are restrictions on contributions from out -of -state political committees. The fact that a
political committee has a mailing address outside of Texas does not mean that the committee is an
out -of -state political committee for purposes of these restrictions. A political committee that has a
campaign treasurer appointment on file in Texas is not an out -of -state political committee for
purposes of these restrictions.
Contributions over $500 in a reporting period. Before accepting more than $500 in a reporting
period from an out -of -state committee, a candidate or officeholder must obtain either (1) a written
statement, certified by an officer of the out -of -state political committee, listing the full name and
address of each person who contributed more than $100 to the out -of -state political committee
during the 12 months immediately preceding the contribution, or (2) a copy of the out -of -state
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political committee's statement of organization filed as required by law with the Federal Election
Commission and certified by an officer of the out -of -state committee.
This documentation must be included with the report of contributions and expenditures for the
period in which the contribution was received.
Contributions of $500 or less in a reporting period. For a contribution of $500 or less from an
out -of -state committee in a reporting period, there is no requirement to obtain documentation before
accepting the contribution. But there is a requirement to include certain documentation with the
report of the contribution. The report must include either (1) a copy of the out -of -state political
committee's statement of organization filed as required by law with the Federal Election
Commission and certified by an officer of the out -of -state committee, or (2) the committee's name,
address, and phone number; the name of the person appointing the committee's campaign treasurer;
and the name, address, and phone number of the committee's campaign treasurer.
9 0113 110 •
A filer must report any campaign expenditure (regardless of whether it is made from political
contributions or from personal funds) and any political expenditure (campaign or officeholder) from
political contributions (regardless of whether the expenditure is apolitical expenditure). A filer must
also report unpaid incurred obligations. See "Unpaid Incurred Obligations" in this guide. If the total
expenditures to a particular payee do not exceed $100 during the reporting period, a filer may report
those expenditures as part of a lump sum. Otherwise, a filer must report the date of an expenditure,
the name and address of the person to whom the expenditure is made, and the purpose of the
expenditure.
UNPAID INCURRED OBLIGATIONS
An expenditure that is not paid during the reporting period in which the obligation to pay the
expenditure is incurred shall be reported on the Unpaid Incurred Obligations Schedule for the
reporting period in which the obligation to pay is incurred.
The use of political contributions to pay an expenditure previously disclosed on an Unpaid Incurred
Obligations Schedule shall be reported on the appropriate disbursements schedule for the reporting
period in which the payment is made.
The use of personal funds to pay an expenditure previously disclosed on an Unpaid Incurred
Obligations Schedule shall be reported on the Political Expenditure Made from Personal Funds
Schedule for the reporting period in which the payment is made.
An expenditure made by a credit card must be reported on the Expenditures Made to Credit Card
Schedule for the reporting period in which the expenditure is made. The report must identify the
vendor who receives the payment from the credit card company.
The use of political contributions to make a payment to a credit card company must be reported on
the appropriate disbursements schedule for the reporting period in which the payment is made and
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identify the credit card company receiving the payment.
The use of personal funds to make a payment to a credit card company must be reported on the
Political Expenditure Made from Personal Funds Schedule for the reporting period in which the
payment is made and identify the credit card company receiving the payment.
CAMPAIGN EXPENDITURES FROM PERSONAL FUNDS
A candidate must report all campaign expenditures, whether made from political contributions or
from personal funds. In order to use political contributions to reimburse himself or herself for
campaign expenditures from personal funds, the candidate must properly report the expenditures
either on the reporting schedule for loans or on the reporting schedule for political expenditures from
personal funds. If the candidate does not indicate the intention to seek reimbursement on that report,
he or she may not later correct the report to permit reimbursement.
If a candidate or officeholder deposits personal funds in an account in which political contributions
are held as permitted by section 253.0351(c) of the Election Code, the deposited amount must be
reported as a loan on Schedule E. Political expenditures made from that loan, and any subsequent
expenditures to reimburse the candidate or officeholder, must be reported on Schedule F 1. The
reimbursement may not exceed the amount reported as a loan. Any unexpended funds from such a
loan are required to be included in the total amount of political contributions maintained as of the
last day of the reporting period. Note: Personal funds deposited in an account in which political
contributions are held are subject to the personal use restrictions.
OFFICEHOLDER EXPENDITURES FROM PERSONAL FUNDS
An officeholder is not required to report of expenditures made from personal funds unless
he or she intends to be reimbursed from political contributions. This rule applies regardless of
whether an officeholder has an appointment of campaign treasurer on file.
In order for an officeholder to use political contributions to reimburse an officeholder expenditure
from personal funds, the officeholder must properly report the expenditures either on the reporting
schedule for loans or on the reporting schedule for political expenditures from personal funds. If the
officeholder does not indicate the intention to seek reimbursement, he or she may not later correct
the report to permit reimbursement.
If a candidate or officeholder deposits personal funds in an account in which political contributions
are held as permitted by section 253.0351(c) of the Election Code, the deposited amount must be
reported as a loan on Schedule E. Political expenditures made from that loan, and any subsequent
expenditures to reimburse the candidate or officeholder, must be reported on Schedule F1. The
reimbursement may not exceed the amount reported as a loan. Any unexpended funds from such a
loan are required to be included in the total amount of political contributions maintained as of the
last day of the reporting period. Note: Personal funds deposited in an account in which political
contributions are held are subject to the personal use restrictions.
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DIRECT EXPENDITURES
A direct campaign expenditure is "a campaign expenditure that does not constitute a campaign
contribution by the person making the expenditure." As a practical matter, a direct campaign
expenditure is an expenditure to support a candidate incurred without the candidate's prior consent
or approval.
If a candidate or officeholder makes a direct campaign expenditure to support another candidate or
officeholder, the expenditure must be included on the reporting schedule for political expenditures,
and the report must indicate that the expenditure was a direct campaign expenditure.
SUPPORTING POLITICAL COMMITTEES
A political committee that accepts political contributions or makes political contributions on behalf
of a candidate or officeholder is required to give the candidate or officeholder notice of that fact.
The candidate or officeholder must report the receipt of such a notice on the report covering the
period in which he or she receives the notice.
PAYMENTS TO A BUSINESS OF THE CANDIDATE OR OFFICEHOLDER
A candidate or officeholder is required to report payments from political funds to a business in
which the candidate or officeholder has a participating interest of more than 10 percent; a position on
the governing body of the business; or a position as an officer of a business.
A candidate or officeholder may not make a payment to such a business if the payment is for
personal services rendered by the candidate or officeholder or by the spouse or dependent child of
the candidate or officeholder. (Nor may a candidate or officeholder use political contributions to pay
directly for such personal services.) Other payments to such a business are permissible only if the
payment does not exceed the amount necessary to reimburse the business for actual expenditures
made by the business. See generally Ethics Advisory Opinion No. 35 (1992).
A candidate or officeholder may not make or authorize a payment from political funds for the rental
or purchase of real property from such a business. See "Use of Political Funds to Rent or Purchase
Real. Property" in this guide.
INTEREST EARNED AND OTHER CREDITS /GAINS /REFUNDS
For reports due on or after September 28, 2011, a candidate or officeholder is required to disclose
information regarding the following types of activity from political contributions:
any credit, interest, rebate, refund, reimbursement, or return of a deposit fee
resulting from the use of a political contribution or an asset purchased with a
political contribution, the amount of which exceeds $100;
• any proceeds of the sale of an asset purchased with a political contribution, the
amount of which exceeds $100; and
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• any other gain from a political contribution, the amount of which exceeds $1.00.
A candidate or officeholder must use Schedule K to report such information. Although you are not
required to do so, you may also report any credit /gain/refund or interest that does not exceed $100 in
the period on this schedule. (Previously, this was an optional schedule because a candidate or
officeholder was not required to report this information.) A candidate or officeholder may not use
interest and other income from political contributions for personal purposes. Political expenditures
made from such income must be reported on the expenditures schedule.
PURCHASE OF INVESTMENTS
A candidate or officeholder must report any investment purchased with a political contribution, the
amount of which exceeds $100. This information must be disclosed on Schedule F3 of the campaign
finance report.
TOTAL POLITICAL CONTRIBUTIONS MAINTAINED
The law requires you to disclose the total amount of political contributions accepted, including
interest or other income on those contributions, maintained in one or more accounts in which
political contributions are deposited as of the last day of the reporting period. The "total amount of
political contributions maintained" includes: the total amount of political contributions maintained in
one or more accounts, including the balance on deposit in banks, savings and loan institutions and
other depository institutions; the present value of any investments that can be readily converted to
cash, such as certificates of deposit, money market accounts, stocks, bonds, treasury bills, etc.; and
the balance of political contributions accepted and held in any online fundraising account over which
the filer can exercise control by making a withdrawal, expenditure, or transfer. 1 T.A.C. § 20.50.
The total amount of political contributions maintained does NOT include personal funds that the filer
intends to use for political expenditures, unless the personal funds have been disclosed as a loan to
your campaign and deposited into an account in which political contributions are held as permitted
by section 253.0351(c) of the Election Code. Any unexpended funds from such a loan are required
to be included in the total amount of political contributions maintained as of the last day of the
reporting period. Note: Personal funds deposited in an account in which political contributions are
held are subject to the personal use restrictions.
TIME OF ACCEPTING CONTRIBUTION
A filer must report the date he or she accepts a political contribution. The date of receipt may be
different from the date of acceptance. See "Accepting Contributions" in this guide.
TIME OF MAKING EXPENDITURE
For reporting purposes, an expenditure is made when the amount of the expenditure is readily
determinable. An expenditure that is not paid during the reporting period in which the obligation to
pay is incurred must be reported on the reporting schedule for "Unpaid Incurred Obligations," and
then reported again on the appropriate expenditure schedule when payment is actually made. If a
filer cannot determine the amount of an expenditure until a periodic bill, the date of the expenditure
is the date the bill is received.
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Credit Card Expenditures. For purposes of 30 day and 8 day pre - election reports, the date of an
expenditure made by a credit card is the date of the purchase, not the date of the credit card bill. For
purposes of other reports, the date of an expenditure made by a credit card is the date of receipt of
the credit card statement that includes the expenditure. For additional information regarding how to
report expenditures made by credit card, see "Expenditures Made by Credit Card" in this guide.
FORMS
Reporting forms are available at http: / /www.ethics.state.U.us on the Internet. An individual who is
both a candidate and an officeholder files one report for each reporting period and is not required to
distinguish between campaign activity and officeholder activity.
SIGNATURE REQUIRED
The candidate or officeholder, not the campaign treasurer, must sign reports.
FILING DEADLINES
The next section of this guide explains the types of reports candidates and officeholders are required
to file. Annual filing schedules are available at http: / /www. ethics. state. tx. us on the Internet.
Note: Deadlines for filing reports for special elections or runoff elections will not be listed on the
filing schedule. Call the Ethics Commission for specific information in these cases.
Each report covers activity during a specific time period. Generally, a report begins where the last
report ended. For a candidate's first report, the beginning date will be the date the campaign
treasurer appointment was filed. For an officeholder who is appointed to an elective office and who
did not have a campaign treasurer appointment on file at the time of the appointment, the beginning
date for the first report will be the date the officeholder took office. Generally, there should not be
gaps between the periods covered or overlapping time periods. See "Reports" below for information
about filing deadlines and periods covered by reports.
I_1TW_1V1W,!1I 151011111! NOW, 14 14 IN Ir
If the due date for a report falls on a Saturday, Sunday, or legal holiday, the report is due on the next
regular business day.
' 1 1
The deadline for filing a report is 5 p.m. on the due date.
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DELIVERY BY MAIL OR OTHER CARRIER
For most reporting deadlines, a document is considered timely filed if it is properly addressed with
postage or handling charges prepaid and bears a postmark or receipt mark of a common or contract
carrier indicating a time on or before the deadline.
Pre - Election Reports. A report due 30 days before an election and a report due 8 days before an
election must be received by the appropriate filing authority no later than the report due date to be
considered filed on time.
RETENTION OF RECORDS USED FOR REPORTS
A filer must keep records of all information used to prepare a report of contributions and
expenditures, including, for example, receipts or ledgers of contributions and expenditures. A filer
must maintain the records for two years after the deadline for the report.
REPORTS
SEMIANNUAL REPORTS
Generally, candidates and officeholders are required to file reports of contributions and expenditures
by January 15 and July 15 of each year. The reports filed on these dates are known as semiannual
reports. These reports must be filed even if there is no activity to report for the period covered.
However, there is an exception to this requirement for officeholders who file with a local filing
authority, do not have a campaign treasurer appointment on file, and do not accept more than $500 in
officeholder contributions or make more than $500 in officeholder expenditures during the period
covered by the report.
An opposed candidate in an upcoming election must file reports of contributions and expenditures 30
days and 8 days before the election. Each of these pre - election reports must be received by the
appropriate filing authority no later than the report due date. (A person who has elected modified
reporting and who remains eligible for modified reporting is not required to file these reports. See
"Modified Reporting" in this guide.)
An opposed candidate is a candidate who has an opponent whose name is printed on the ballot. If a
candidate's only opposition is a write -in candidate, that candidate is considered unopposed for filing
purposes. (Note: A write -in candidate who accepts political contributions or makes political
expenditures is subject to the reporting requirements discussed in this guide.)
The report that is due 30 days before the election covers the period that begins on the first day after
the period covered by the last required report and ends the 40th day before the election. If this is a
filer's first required report, the period covered by the report begins on the day the filer filed a
campaign treasurer appointment.
The report that is due 8 days before the election covers the period that begins on the first day after
the period covered by the last required report and ends on the 10th day before the election.
Texas Ethics Commission Page 16 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
A candidate in a runoff must file a report 8 days before the runoff election. A runoff report must be
received by the appropriate filing authority no later than the report due date. (A candidate who has
elected modified reporting and who remains eligible for modified reporting is not required to file this
report. See "Modified Reporting" below.)
This report covers a period that begins either the first day after the period covered by the last
required report or the day the filer filed a campaign treasurer appointment (if this is the filer's first
report of contributions and expenditures). The period covered by the runoff report ends the 10th day
before the runoff election.
On the campaign treasurer appointment form, there is an option to choose modified reporting for the
next election cycle. Modified reporting excuses an opposed candidate from filing reports 30 days
and 8 days before an election and 8 days before a runoff. An opposed candidate is eligible for
modified reporting only if the candidate does not intend to exceed either $500 in contributions or
$500 in expenditures (excluding filing fees) in connection with an election.
If an opposed candidate selects modified reporting but exceeds a threshold before the 30th day
before the election, the candidate must file reports 30 days and 8 days before the election.
If an opposed candidate selects modified reporting but exceeds the $500 threshold for contributions
or expenditures after the 30th day before the election, the filer must file a report within 48 hours of
exceeding the threshold. (The filer must meet this deadline even if it falls on a weekend or a
holiday.) At that point, the filer is no longer eligible for modified reporting and must file according
to the regular filing schedule.
A selection to file on the modified reporting schedule lasts for an entire election cycle. In other
words, the selection is valid for a primary, a primary runoff, and a general election (as long as the
candidate does not exceed one of the $500 thresholds). A candidate must submit an amended
campaign treasurer appointment (FORM ACTA) to select modified reporting for a different election
cycle.
"15 To DAY AFTER APPOINTMENT CAMPAIGN
OFFICEHOLDER"
An officeholder must file a report after filing a campaign treasurer appointment. (A report is not
required after a change in campaign treasurers.) This report of contributions and expenditures is due
no later than 15 days after the campaign treasurer appointment was filed. The report must cover the
period that begins the day after the period covered by the last required report. The period ends on
the day before the campaign treasurer appointment was filed. (Note: A person who is appointed to
elective office may not have filed any previous reports. In that case, the beginning date for the
report due 15 days after the campaign treasurer appointment is the date the officeholder took office.)
The report is not required if the officeholder did not accept more than $500 in contributions or make
more than $500 in expenditures by the end of the reporting period.
Texas Ethics Commission Page 17 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
See "Ending Filing Obligations" below.
11► 1► C1L1a III 11217Ni lull ORULIIWX9 1101 7 01 1ZK170YIILI1 3111M]ON1►y
See "Ending Filing Obligations" below.
See "Ending Filing Obligations" below.
Things to Remember
• An officeholder must file semiannual reports for any period during which he or she is an
officeholder. (There is an exception to this rule for officeholders who do not have a
campaign treasurer appointment on file and who do not accept more than $500 in political
contributions or make more than $500 in political expenditures during the period covered
by the report.)
An opposed candidate in an election must file reports of contributions and expenditures 30
days and 8 days before the election, unless the candidate has selected (and remains eligible
for) modified reporting. An opposed candidate who has not selected modified reporting
must also file a report 8 days before a runoff election. A report due 30 days before an
election and a report due 8 days before an election must be received by the appropriate
filing authority no later than the report due date.
• An unopposed candidate is not required to file reports 30 days before an election or 8 days
before an election but is required to file semiannual reports.
• A candidate who selects modified reporting must file semiannual reports.
• A filer who selects modified reporting for one election cycle will be required to file on the
regular reporting schedule for the next election cycle unless the filer submits an amended
campaign treasurer appointment selecting modified reporting for the next election cycle.
N 11 1910 H LTIFY1 1I.11 M [OLIV
FINAL REPORT
If a filer expects to accept no further political contributions and to make no further political
expenditures and if the filer expects to take no further action to get elected to a public office, the filer
may file a final report. Filing a final report terminates a filer's campaign treasurer appointment and
relieves the filer from any additional filing obligations as a candidate. (Note: A candidate who does
not have a campaign treasurer appointment on file may still be required to file a personal financial
statement in accordance with chapter 572 of the Government Code or chapter 159 of the Local
Texas Ethics Commission Page 18 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
Government Code.) If the filer is an officeholder, the filer will still be subject to the filing
requirements applicable to officeholders. A filer who is not an officeholder at the time of filing a
final report and who has surplus political funds or assets will be required to file annual reports of
unexpended contributions and a report of final disposition of unexpended contributions. See
"Annual Report of Unexpended Contributions" and "Report of Final Disposition of Unexpended
Contributions" below.
A filer who intends to continue accepting contributions to pay campaign debts should not terminate
his or her campaign treasurer appointment. An individual must have a campaign treasurer
appointment on file to accept contributions to offset campaign debts or to pay campaign debts.
Terminating a campaign treasurer appointment does not relieve a filer of responsibility for any
delinquent reports or outstanding civil penalties.
ANNUAL REPORT OF UNEXPENDED CONTRIBUTIONS
The following individuals must file annual reports of unexpended contributions:
a former officeholder who did not have a campaign treasurer appointment on file at the
time of leaving office and who retained any of the following after filing his or her last
report: political contributions, interest or other income from political contributions, or
assets purchased with political contributions or interest or other income from political
contributions.
• a former candidate (a person who previously had a campaign treasurer appointment on file)
who was not an officeholder at the time of filing a final report and who retained any of the
following at the time of filing a final report: political contributions, interest or other
income from political contributions, or assets purchased with political contributions.
Annual reports are due not earlier than January 1 and not later than January 15 of each year. An
annual report (FORM C /0H -UC) must contain the following information: (1) information about
expenditures from or disposition of surplus funds or assets; (2) the amount of interest or other
income earned on surplus funds during the previous year; and (3) the total amount of surplus funds
and assets at the end of the previous year.
The obligation to file annual reports ends when the former candidate or officeholder files a report of
final disposition of unexpended contributions.
A former candidate or former officeholder who has disposed of all surplus funds and assets must file
a report of final disposition of unexpended contributions. This report may be filed as soon as all
funds have been disposed of.
A former candidate or former officeholder has six years from the date of filing a final report or
leaving office (whichever is later) to dispose of surplus funds and assets. The latest possible date for
filing a report of unexpended contributions is 30 days after the end of that six -year period.
Texas Ethics Commission Page 19 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
At the end of the six -year period, a former candidate or officeholder must dispose of surplus assets or
funds in one of the following ways:
• The former candidate or officeholder may give them to the political party with which he or
she was affiliated when last on the ballot;
• The former candidate or officeholder may contribute them to a candidate or a political
committee. (This triggers a requirement to file a report of the contribution.);
• The former candidate or officeholder may give them to the comptroller for deposit in the
state treasury to be used to finance primary elections;
• The former candidate or officeholder may give them to one or more contributors, but the
total returned to any person may not exceed the aggregate amount accepted from that
person during the last two years during which the former candidate or officeholder
accepted political contributions;
• The former candidate or officeholder may give them to certain charitable organizations; or
• The former candidate or officeholder may give them to a public or private post - secondary
educational institution or an institution of higher education as defined by section
61.003(8), Education Code, for the purpose of assisting or creating a scholarship program.
Things to Remember
• Anyone who has an appointment of campaign treasurer on file must file periodic reports of
campaign contributions and expenditures.
• An individual who expects no further reportable activity in connection with his or her
candidacy, files a final report and thereby terminates his or her campaign treasurer
appointment. (Note: A candidate who does not have a campaign treasurer appointment on
file may still be required to file a personal financial statement in accordance with chapter
572 of the Government Code or chapter 159 of the Local. Government Code.)
• An officeholder may be required to file semiannual reports even if he or she does not have
a campaign treasurer appointment on file. A local officeholder who has not accepted more
than $500 in contributions or made more than $500 in expenditures in a semiannual period
since terminating his or her campaign treasurer appointment is not required to file a
semiannual report for that period.
PENALTIES FOR REPORTING VIOLATIONS
Any citizen may file a criminal complaint with the district attorney, a civil complaint with the Ethics
Commission, or a civil action against a candidate or officeholder for violations of title 15. Any
penalty stemming from such complaints would be assessed against the candidate or officeholder, not
the campaign treasurer.
Texas Ethics Commission Page 20 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
CAMPAIGN FINANCE RESTRICTIONS
Chapter 253 of the Election Code contains a number of restrictions regarding the acceptance and use
of political contributions, including the following:
1. An individual may not accept a campaign contribution or make a campaign expenditure
(including a campaign expenditure from personal funds) without a campaign treasurer
appointment on file. Elec. Code § 253.031. An officeholder may accept officeholder
contributions and make officeholder expenditures regardless of whether he or she has a
campaign treasurer appointment on file.
2. Political contributions from labor organizations and from most corporations are prohibited.
Elec. Code § 253.091, et seq. Partnerships that include one or more corporate partners are
subject to the prohibition.
Certain documentation must be obtained in order to accept contributions from an out -of-
state political committee. Elec. Code §253.032. See "Contributions From Out -of -State
Political Committees" in this guide.
4. Cash contributions of more than $100 in the aggregate from one contributor in a reporting
period are prohibited. (Here "cash" means coins and currency, not checks.) Elec. Code
§ 253.033.
The use of political contributions to purchase real property is prohibited. There is also a
restriction on the use of political funds to rent or purchase real property from a person
related to the candidate or officeholder within the second degree of consanguinity or affinity
or from a business in which the candidate or officeholder or such a relative has a
participating interest of more than 10 percent, holds a position on the governing body, or
serves as an officer. Elec. Code § 253.038.
6. Texas law does not allow anonymous contributions. Also, reports must disclose the actual
source of a contribution, not an intermediary. Elec. Code § 253.001.
7. Personal use of political contributions is prohibited. Elec. Code § 253.035.
A candidate or officeholder may not use political contributions to pay for personal services
rendered by the candidate or officeholder or by the spouse, or dependent children of the
candidate or officeholder. There are also restrictions of a candidate's or officeholder's use
of political contributions to make payments to a business in which the candidate or
officeholder holds a participating interest of more than 10 percent, a position on the
governing body of the business, or a position as an officer of the business. See Ethics
Advisory Opinion No. 35 (1992) (regarding the combined effect of this prohibition and the
prohibition on corporate contributions). Elec. Code § 253.041.
There are restrictions on the use of political contributions to reimburse political
expenditures from personal funds. See "Reimbursement for Political Expenditures from
Personal Funds," in this guide.
Texas Ethics Commission Page 21 Revised 11/15/2017
Campaign Finance Guide for Candidates and Officeholders
Who File with Local Filing Authorities
9. A candidate, officeholder, or political committee may not accept political contributions in
the Capitol or in the Capitol Extension. Effective September 1, 2009, a candidate,
officeholder, or political committee also may not accept political contributions in a
courthouse. "Courthouse" means any building owned by the state, a county, or a
municipality, or an office or part of a building leased to the state, a county, or a municipality,
in which a justice or judge sits to conduct court proceedings. Elec. Code § 253.039.
10. Federal law generally prohibits the acceptance of contributions from foreign sources.
Contact the Federal Election Commission for more detailed information.
Texas Ethics Commission Page 22 Revised 11/15/2017
C/OH REPORT OF UNEXPENDED CONTRIBUTIONS FORM C/OH-UC
EXPENDITURES
PG 2
8 C/OH NAME
9 Filer to (Ethics Commission Filers)
10 Date
11 Payee name
13 Amount
..........................................
12 Payee address; City; State; Zip Code
14 Purpose of expenditure (See instructions regarding type of information required.)
15
Is expenditure a contribution Yes
to a candidate, officeholder, or
political committee? No
Check if travel outside of Texas. Complete Schedule T
Date
Payee name
Amount
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payee address; City; State; Zip Code
. . . . . . . . . .
Purpose of expenditure (See instructions regarding type of information required.)
Is expenditure a contribution Yes
to a candidate, officeholder, or
0 No
political committee?
Check if travel outside of Texas. Complete Schedule T
Date
Payee name
Amount
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payee address; City; State; Zip Code
. . . . . . . . . .
Purpose of expenditure (See instructions regarding type of information required.)
Is expenditure a contribution Yes
to a candidate, officeholder, or
No
political committee?
Check if travel outside of Texas. Complete Schedule T
Date
Payee name
Amount
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payee address; City; State; Zip Code
. . . . . . . . . .
Purpose of expenditure (See instructions regarding type of information required.)
Is expenditure a contribution Yes
to a candidate, officeholder, or
political committee? No
Check if travel outside of Texas. Complete Schedule T
ATTACH ADDITIONAL COPIES OF THIS FORM AS NEEDED
Forms provided by Texas Ethics Commission www.ethics.state.tx.us
Revised 11/3/2015
TEXAS ETHICS COMMISSION
OF UNEXPENDED CONTRIBUTIONS
Revised October 16, 2015
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711
(512) 463 -5800 FAX (512) 463 -5777 TDD 1- 800 -735 -2989
Visit us at https:11www. ethics. state. tx.us on the Internet.
AN EQUAL OPPORTUNITY EMPLOYER
The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
Form C/011-UC — Instruction Guide
FORM C /OH -UC: CANDIDATE /OFFICEHOLDER REPORT
OF UNEXPENDED CONTRIBUTIONS
These instructions are for candidates and officeholders using FORM C /OH -UC: CANDIDATE /
OFFICEHOLDER REPORT OF UNEXPENDED CONTRIBUTIONS. Use Form C /OH -UC for filing
either an annual report of unexpended contributions or a report of the final disposition of unexpended
contributions.
GENERAL INSTRUCTIONS
ANNUAL REPORT OF UNEXPENDED CONTRIBUTIONS. You must file this report if one of
the following descriptions applies to you:
(1) You filed a final report as a candidate at a time when you were not an officeholder and
you had unexpended political contributions, interest, assets, or other money earned
from political contributions at the time you filed the final report; or
(2) You ceased to be an officeholder at a time when you did not have a campaign
treasurer on file, and you had unexpended political contributions, interest, assets, or
other money earned from political contributions at the time you ceased to be an
officeholder.
You must file an Unexpended Contributions - Annual report not earlier than January 1 and not later
than January 15 of the year after each year in which you maintained unexpended contributions or
assets. You must complete Form C /OH -UC and designate the report as an annual report by checking
the "Annual" box.
You must continue to file Unexpended Contributions - Annual reports until you have disposed of all
your unexpended contributions or assets. Once you have disposed of all your contributions or assets,
you must file an Unexpended Contributions - Final report.
You may not retain unexpended contributions or assets longer than six years after the date you filed
your final report or ceased being an officeholder, as applicable. If you still maintain unexpended
assets at the end of the six -year period, you must dispose of the assets in one of the following ways:
(1) You may give them to the political party with which you were affiliated when your
name was last on the ballot.
(2) You may give them to a candidate or a political committee. If you do so, however,
you must file a report on Form AS IF -SPAC as described below under "Extra
Reporting for a Contribution to a Candidate or Political Committee."
(3) You may give them to the comptroller for deposit in the state treasury to be used to
finance primary elections.
(4) You may give them to one or more persons from whom you received political
contributions, but the total returned to any person may not exceed the aggregate
Texas Ethics Commission Page 1 Revised 10/16/2015
Form C/011-UC — Instruction Guide
amount accepted from that person during the last two years during which you were
accepting political contributions.
(5) You may give them to a recognized charitable organization formed for educational,
religious, or scientific purposes that is exempt from taxation under Section 501(c)(3),
Internal Revenue Code of 1986, and its subsequent amendments.
(6) You may give them to a public or private post - secondary educational institution or an
institution of higher education as defined by Section 61.003(8), Education Code, for
the purpose of assisting or creating a scholarship program.
You may dispose of unexpended contributions or assets in this manner at any time during the six -
year period.
EXTRA REPORTING FOR CONTRIBUTION TO CANDIDATE OR POLITICAL
COMMITTEE. If you contribute unexpended contributions or assets to another candidate or
political committee, you must report the contribution twice. You must include the contribution on
your Annual Report and you must also report the contribution on a AS IF- SPECIFIC- PURPOSE
COMMITTEE CAMPAIGN FINANCE REPORT (Form AS IF- SPAC). You must file the AS IF -SPAC
report with the filing authority with whom the candidate or political committee files reports by the
date by which the candidate or political committee receiving the contribution must report the receipt
of the contribution.
NOTE: If the candidate or political committee files with the Texas Ethics Commission
(Commission), you will need a separate "AS IF- SPAC" filer ID to file the AS IF -SPAC report.
Please contact the Commission for help in establishing an AS IF -SPAC filer ID.
FINAL DISPOSITION OF UNEXPENDED CONTRIBUTIONS REPORT. You must file a
report of the final disposition of your unexpended contributions or assets. Complete Form C /OH -UC
and designate the report as an "Unexpended Contributions — Final" report by checking the "Final
Disposition" box. The report is due no later than the 30th day after the end of the six -year period.
SPECIFIC INSTRUCTIONS
Each numbered item in these instructions corresponds to the same numbered item on the form.
PAGE I
1. FILER ID: If you are filing with the Commission, you were assigned a filer identification (ID)
number when you filed your initial campaign treasurer appointment. You should have received a
letter acknowledging receipt of the form and informing you of your filer ID number. Enter this
number wherever you see "Filer ID." If you do not file with the Commission, you are not
required to enter a filer ID number.
2. CANDIDATE /OFFICEHOLDER NAME: Enter your full name, including nicknames and
suffixes (e.g., Sr., Jr., III), if applicable. Your entry here should be the same as in your
Texas Ethics Commission Page 2 Revised 10/16/2015
Form C/011-UC — Instruction Guide
APPOINTMENT OF CAMPAIGN TREASURER BY A CANDIDATE (CTA). Enter your
name in the same way wherever you see "C /OH NAME ".
3. CANDIDATE /OFFICEHOLDER ADDRESS: Enter your complete mailing address. Your
entry here should be the same as the address in your APPOINTMENT OF CAMPAIGN
TREASURER BY A CANDIDATE (CTA). If your mailing address has changed since you last
gave notice of your address, check the "Change of Address" box.
4. REPORT TYPE: Check the appropriate box.
"Annual" Box: Check this box if you are filing an Unexpended Contributions - Annual
report.
"Final Disposition" Box: Check this box if you are filing an Unexpended Contributions -
Final report.
5. PERIOD COVERED:
Annual Reports. For your first Unexpended Contributions - Annual report, the start date is
the day after the day you filed your Final Report. The start date for all other Unexpended
Contributions - Annual reports is January 1 of the previous year. The end date for all
Unexpended Contributions - Annual reports is December 31 of the previous year.
Final Disposition Report. For an Unexpended Contributions — Final report, the start date is
the day after the period covered by your most recent Unexpended Contributions - Annual
report. The end date is the date you file the report.
6. TOTALS: Complete this section only if you are filing an Annual Report. If you are not filing
an Annual Report, go to section 7.
Line 1. Enter the total amount of unexpended political contributions and assets that you
maintained as of December 31 of the previous year. (Note: Unlike other reports, you are not
required to also disclose the total amount of expenditures entered in this Unexpended
Contributions report. You are only required to disclose your unexpended balance as of
December 31.)
Line 2. Enter the total amount of interest and other income earned on unexpended political
contributions and assets during the previous year ending December 31.
7. AFFIDAVIT: Complete this section only after you have completed all other appropriate
sections and schedules. You must always sign a report that you file. You must complete this
section even if you have no schedules to attach. ONLY THE CANDIDATE OR
OFFICEHOLDER FILING THE REPORT MAY SIGN THE AFFIDAVIT.
PAGE 2
8. C /OH (CANDIDATE /OFFICEHOLDER) NAME: Enter your full name as you did on Form
C /OH -UC, Page 1.
Texas Ethics Commission Page 3 Revised 10/16/2015
Form C/011-UC — Instruction Guide
9. FILER ID: If you are filing with the Commission, enter your filer ID number. If you do not file
with the Commission, you are not required to enter a filer ID number.
10. DATE: Enter the date the expenditure was made.
Credit Card Expenditures: There is a special reporting rule for expenditures made
by credit card. The date of a credit card expenditure is either the date of the charge or
the date the credit card statement is received. A filer can never go wrong by
disclosing the date of the expenditure as the date of the charge.
11. PAYEE NAME: Enter the full name of the payee. If the payee is an individual, enter the full
name, first, last, and suffix (Jr., III, etc.) if applicable (title is optional). If the payee is an entity,
enter the full name of the entity.
12. PAYEE ADDRESS: Enter the complete address of the payee.
13. AMOUNT: Enter the amount of the expenditure payment.
14. PURPOSE OF EXPENDITURE: Enter a brief statement or description of the expenditure.
The brief statement or description must include the item or service purchased and must be
sufficiently specific to make the reason for the expenditure clear.
Reporting Travel Outside of Texas: The law requires detailed information regarding in -kind
contributions and political expenditures for travel outside of Texas. This information should be
reported on Schedule T and attached to this form. Schedule T can be found on the Commission's
website at https:Ilwww.ethics.state.tx.us /forms /Schedule_T.pdf.
15. IS THE EXPENDITURE A CONTRIBUTION TO A CANDIDATE, OFFICEHOLDER,
OR POLITICAL COMMITTEE? If the expenditure was a contribution to a candidate,
officeholder, or political committee, check the "Yes" box. The purpose of this box is to allow
you to see that you must file an additional report for this expenditure on Form AS IF -SPAC. See
the "Extra Reporting For Contribution To Candidate Or Political Committee" section in the
General Instructions for this form.
If the expenditure was not a contribution to a candidate, officeholder, or political committee,
check the "No" box.
Texas Ethics Commission Page 4 Revised 10/16/2015
* �A KC FARIA M�SXVA MNWM*MW11�2t%1 MI WHOM
WIN
our citizens maj 77,17MIM 11 Z gnts to air v III U I LlIC's,
fully and clearly expressed on the issues.
(1) 1 will conduct the campaign openly and publicly and limit attacks on my opponent to legitimate challenges to
o••onent's record and stated positions on issues. I
(4) 1 will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor wilim
use malicious or unfounded accusations that aim at creating or exploiting doubts, withoutjustification, as to
personal integrity or patriotism ofmy opponent.
(5) 1 will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our systel
of free elections or that hampers or prevents the full and free expression of the will of the voters, including a
activity aimed at intimidating voters or discouraging them from voting.
(7) 1 will immediately and publicly repudiate methods and tactics that may come from others that I have pledged n*:B
to use or condone. I shall take firm action against any subordinate who violates any provision of this code or
laws governing elections.
with the above principles and practices.
IM
www.ethics.stateAx.us Revised 11/23/2010
Effective September 1, 1997
(Revised 9/1/2017)
Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711 -2070
(512) 463 -5800 FAX (512) 463 -5777 TDD 1- 800 - 735 -2989
Visit us at http: / /www.ethics.state.tx.us on the Internet.
AN EQUAL OPPORTUNITY EMPLOYER
The Texas Ethics Commission does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.
Table of Contents
Chapter 258. Fair Campaign Practices ...................................................... ..............................1
Sec. 258.001.
Short Title ................................................:.......................... ..............................1
Sec. 258.002.
Purpose ............................................................................... ..............................I
Sec. 258.003.
Delivery Of Copy Of Code ................................................. ..............................I
Sec. 258.004.
Text Of Code ...................................................................... ..............................1
Sec. 258.005.
Forms ................................................................................. ..............................2
Sec. 258.006.
Acceptance And Preservation Of Copies ............................. ..............................2
Sec. 258.007.
Subscription To Code Voluntary ......................................... ..............................2
Sec. 258.008.
Indication On Political Advertising ..................................... ..............................2
Sec. 258.009.
Civil Cause Of Action ......................................................... ..............................2
Texas Ethics Commission Page i Revised 9/1/2017
Chapter 258, Election Code
ELECTION CODE
TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS
CHAPTER 258. FAIR CAMPAIGN PRACTICES
Sec. 258.001. SHORT TITLE. This chapter may be cited as the Fair Campaign
Practices Act.
Sec. 258.002. PURPOSE.
(a) The purpose of this chapter is to encourage every candidate and political committee
to subscribe to the Code of Fair Campaign Practices.
(b) It is the intent of the legislature that every candidate and political committee that
subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency,
honesty, and fair play to encourage healthy competition and open discussion of issues and
candidate qualifications and to discourage practices that cloud the issues or unfairly attack
opponents.
Sec. 258.003. DELIVERY OF COPY OF CODE.
(a) When a candidate or political committee files its campaign treasurer appointment,
the authority with whom the appointment is filed shall give the candidate or political committee
a blank form of the Code of Fair Campaign Practices and a copy of this chapter.
(b) The authority shall inform each candidate or political committee that the candidate
or committee may subscribe to and file the code with the authority and that subscription to the
code is voluntary.
Sec. 258.004. TEXT OF CODE. The Code of Fair Campaign Practices reads as
follows:
CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play that every candidate and
political committee in this state has a moral obligation to observe and uphold, in order that, after
vigorously contested but fairly conducted campaigns, our citizens may exercise their
constitutional rights to a free and untrammeled choice and the will of the people may be fully
and clearly expressed on the issues.
THEREFORE:
(1) I will conduct the campaign openly and publicly and limit attacks on my
opponent to legitimate challenges to my opponent's record and stated positions on issues.
(2) I will not use or permit the use of character defamation, whispering
campaigns, libel, slander, or scurrilous attacks on any candidate or the candidate's personal or
family life.
(3) I will not use or permit any appeal to negative prejudice based on race, sex,
religion, or national origin.
(4) I will not use campaign material of any sort that misrepresents, distorts, or
otherwise falsifies the facts, nor will I use malicious or unfounded accusations that aim at
Texas Ethics Commission Page 1 Revised 9/1/2017
Chapter 258, Election Code
creating or exploiting doubts, without justification, as to the personal integrity or patriotism of
my opponent.
(5) I will not undertake or condone any dishonest or unethical practice that tends
to corrupt or undermine our system of free elections or that hampers or prevents the full and free
expression of the will of the voters, including any activity aimed at intimidating voters or
discouraging them from voting.
(6) I will defend and uphold the right of every qualified voter to full and equal
participation in the electoral process, and will not engage in any activity aimed at intimidating
voters or discouraging them from voting.
(7) I will immediately and publicly repudiate methods and tactics that may
come from others that I have pledged not to use or condone. I shall take firm action against any
subordinate who violates any provision of this code or the laws governing elections.
I, the undersigned, candidate for election to public office in the State of Texas or
campaign treasurer of a political committee, hereby voluntarily endorse, subscribe to, and
solemnly pledge myself to conduct the campaign in accordance with the above principles and
practices.
VOID - COPY ONLY - VOIDI
Date Signature
Sec. 258.005. FORMS. The commission shall print copies of the Code of Fair
Campaign Practices and shall supply the forms to the authorities with whom copies of the code
may be filed in quantities and at times requested by the authorities.
Sec. 258.006. ACCEPTANCE AND PRESERVATION OF COPIES.
(a) An authority with whom a campaign treasurer appointment is filed shall accept each
completed copy of the code submitted to the authority that is properly subscribed to by a
candidate or the campaign treasurer of a political committee.
(b) Each copy of the code accepted under this section shall be preserved by the
authority with whom it is filed for the period prescribed for the filer's campaign treasurer
appointment.
Sec. 258.007. SUBSCRIPTION TO CODE VOLUNTARY. The subscription to the
Code of Fair Campaign Practices by a candidate or a political committee is voluntary.
Sec. 258.008. INDICATION ON POLITICAL ADVERTISING. A candidate or a
political committee that has filed a copy of the Code of Fair Campaign Practices may so indicate
on political advertising in a form to be determined by the commission.
Sec. 258.009. CIVIL CAUSE OF ACTION. This chapter does not create a civil
cause of action for recovery of damages or for enforcement of this chapter.
1 This document is a copy of chapter 258, Election Code. To subscribe to the Code of Fair Campaign Practices, a
candidate or campaign treasurer of a political committee must submit Texas Ethics Commission FORM CFCP, not a
signed copy of this document.
Texas Ethics Commission Page 2 Revised 9/1/2017
2019 UNIFORM ELECTION DATES
PTE
06 TEXAS ETHICS COMMISSION
x
�. 2019 FILING SCHEDULE FOR REPORTS DUE IN CONNECTION WITH
ELECTIONS HELD ON UNIFORM ELECTION DATES
This is a filing schedule for reports to be filed in connection with elections held on uniform election dates in May and
November. Examples of elections held on uniform election dates are elections for school board positions and city offices.
The uniform election dates in 2019 are May 4 and November 5.
Candidates and officeholders must file semiannual reports (due on January 15, 2019, and July 15, 2019). In addition, a
candidate who has an opponent on the ballot in an election held on a uniform election date must file two pre- election
reports (unless the candidate has elected modified reporting).
The campaign treasurer of a political committee that is involved in an election held on a uniform election date must also
file pre - election reports (unless the committee is a general - purpose political committee that files monthly or a specific-
purpose political committee that files on the modified reporting schedule). This schedule sets out the due dates for pre-
election reports in connection with elections on uniform election dates. Please consult the 2019 REGULAR FILING
SCHEDULE FOR GENERAL - PURPOSE POLITICAL COMMITTEES (GPAC), COUNTY EXECUTIVE
COMMITTEES (CEC), AND SPECIFIC - PURPOSE POLITICAL COMMITTEES (SPAC) for a complete listing of
political committee deadlines.
Candidates for and officeholders in local offices regularly filled at the general election for state and county officers (the
November election in even - numbered years) should use the 2019 FILING SCHEDULE FOR CANDIDATES AND
OFFICEHOLDERS FILING WITH THE COUNTY CLERK OR ELECTIONS ADMINISTRATOR.
EXPLANATION OF THE FILING SCHEDULE CHART
COLUMN I: REPORT DUE DATE - This is the date by which the report must be filed. If the due date for a report falls
on a Saturday, Sunday, or legal holiday, the report is due on the next regular business day. This schedule shows the
extended deadline where applicable. A report transmitted to the Texas Ethics Commission over the Internet is considered
timely filed if it is transmitted by midnight, Central Time Zone, on the night of the filing deadline. For most filing
deadlines, a report filed on paper is considered timely filed if it is deposited with the U.S. Post Office or a common or
contract carrier properly addressed with postage and handling charges prepaid, or hand - delivered to the filing authority by
the filing deadline. Pre - Election Reports: A report due 30 days before an election and a report due 8 days before an
election must be received by the appropriate filing authority no later than the report due date to be considered timely filed.
COLUMN II: TYPE OF REPORT (WHO FILES) - This column gives the report type and explains which reporting form
to use and which filers are required to file the report.
COLUMN III: BEGINNING DATE OF PERIOD COVERED - This column sets out the beginning date of the time period
covered by the report. Use the latest one of the applicable dates. The "date of campaign treasurer appointment" is the
beginning date only for the first report filed after filing a campaign treasurer appointment. For officeholders recently
appointed to an elective office, the beginning date for the first report will be the date the officeholder took office, provided
that he or she was not already filing as an officeholder or candidate at the time of the appointment. (NOTE: If you are
ever confused about the beginning date for a required report, remember this rule: There should never be gaps between
reporting periods and, generally, there should not be overlaps.)
COLUMN IV: ENDING DATE OF PERIOD COVERED - This column sets out the ending date of the time period
covered by the report. The report must include reportable activity occurring on the ending date.
Please consult the CAMPAIGN FINANCE GUIDE FOR CANDIDATES AND OFFICEHOLDERS WHO FILE WITH
LOCAL FILING AUTHORITIES or the CAMPAIGN FINANCE GUIDE FOR POLITICAL COMMITTEES for further
information.
2019 UNIFORM ELECTION DATES 1 November 2018
COLUMN I
COLUMN II
COLUMN III
COLUMN IV
DUE DATE
TYPE OF REPORT
BEGINNING DATE OF
ENDING DATE
OF PERIOD
(WHO FILES)
PERIOD COVERED
COVERED
Tuesday,
January semiannual
July 1, 2018, or
December 31, 2018
January 15, 2019
[FORM C /OH] (all local
the appropriate filing
candidates and officeholders,
the date of campaign
authority no later
except for officeholders who do
treasurer appointment, or
than April 4, 2019.
not have a campaign treasurer
the day after the date the last
appointment on file and who do
report ended.
not exceed $500 in contributions
or expenditures for the reporting
period)
[FORM GPAC] (all GPACs)
[FORM SPAC] (all SPACs)
Tuesday,
Annual report of unexpended
January 1, 2018, or
December 31, 2018
January 15, 2019
contributions
NOTE: A political committee must file pre - election reports if the committee is involved with the election during each pre - election
[FORM C /OH -UC]
the day after the date the
required to file 30 -day and 8 -day pre - election reports in connection with elections not listed on this schedule.
(former candidates and former
final report was filed.
officeholders who have filed a
final report and who retained
unexpended contributions or assets
purchased with contributions)
REPORTS DUE BEFORE THE MAY 4, 2019, UNIFORM ELECTION
Thursday,
30th day before the May 4, 2019,
January 1, 2019, or
March 25, 2019
April 4, 2019
uniform election
the date of campaign treasurer
NOTE: This report
[FORM C /OH] (all local candidates
appointment, or
must be received by
who have an opponent on the ballot
the appropriate filing
in the May 4 election and who do
the day after the date the last
authority no later
not file on the modified reporting
report ended.
than April 4, 2019.
schedule)
[FORM GPAC] (all GPACs that
are involved with the May 4
election)
[FORM SPAC] (all SPACs that do
not file on the modified reporting
schedule and that supported or
opposed an opposed candidate or a
measure in the May 4 election)
NOTE: A political committee must file pre - election reports if the committee is involved with the election during each pre - election
reporting period. A political committee must file an 8 -day pre - election report if the committee filed a 30 -day pre - election report,
even if there is no activity to report during the 8 -day reporting period. The campaign treasurer of a political committee may be
required to file 30 -day and 8 -day pre - election reports in connection with elections not listed on this schedule.
2019 UNIFORM ELECTION DATES 2 November 2018
COLUMN I
COLUMN II
COLUMN III
COLUMN IV
July 15, 2019
DUE DATE
TYPE OF REPORT
BEGINNING DATE OF
ENDING DATE
OF PERIOD
[FORM C /OH] (all local
(WHO FILES)
PERIOD COVERED
COVERED
Friday,
8th day before May 4, 2019,
March 26, 2019, or
April 24, 2019
April 26, 2019
uniform election
not have a campaign treasurer
the day after the date the last
the date of campaign
NOTE: Daily pre -
NOTE: This report
[FORM C /OH] (all local
treasurer appointment, or
election reports of
must be received by
candidates who have an opponent
contributions
the appropriate
on the ballot in the May 4 election
the day after the date the last
accepted and direct
filing authority no
and who do not file on the
report ended.
campaign
,later than April 26,
modified reporting schedule)
expenditures made
2019.
after April 24, 2019,
election reporting period. A political committee must file an 8 -day pre - election report if the committee filed a 30 -day pre-
[FORM GPAC] (all GPACs that
committee may be required to file 30 -day and 8 -day pre - election reports in connection with elections not listed on this
may be required.
filed a "30th Day Before Election
Please consult the
Report" or that are involved with
Campaign Finance
the May 4 election)
Guide for further
information.
[FORM SPAC] (all SPACs that
do not file on the modified
reporting schedule and that filed a
"30th Day Before Election Report"
or that supported or opposed an
opposed candidate or a measure in
the May 4 election)
Monday,
July semiannual
January 1, 2019, or
June 30, 2019
July 15, 2019
[FORM C /OH] (all local
the date of campaign
candidates and officeholders,
treasurer appointment, or
except for officeholders who do
not have a campaign treasurer
the day after the date the last
appointment on file and who do
report ended.
not exceed $500 in contributions
or expenditures for the reporting
period)
[FORM GPAC] (all GPACs)
[FORM SPAC] (all SPACs)
NOTE: A political committee must file pre- election reports if the committee is involved with the election during each pre-
election reporting period. A political committee must file an 8 -day pre - election report if the committee filed a 30 -day pre-
election report, even if there is no activity to report during the 8 -day reporting period. The campaign treasurer of a political
committee may be required to file 30 -day and 8 -day pre - election reports in connection with elections not listed on this
schedule.
2019 UNIFORM ELECTION DATES 3 November 2018
COLUMN I
COLUMN II
COLUMN III
COLUMN IV
DUE DATE
TYPE OF REPORT
BEGINNING DATE OF
ENDING DATE
OF PERIOD
(WHO FILES)
PERIOD COVERED
COVERED
REPORTS
DUE BEFORE THE NOVEMBER
5, 2019, UNIFORM ELECTION
Monday,
30th day before the November 5,
July 1, 2019, or
September 26, 2019
October 7, 2019
2019, uniform election
[FORM C /OH] (all local
the date of campaign
Deadline is extended
candidates who have an opponent
treasurer appointment, or
because of weekend.
on the ballot in the November 5
election and who do not file on the
the day after the date the last
NOTE: This report
modified reporting schedule)
report ended.
must be received by
the appropriate
[FORM GPAC] (all GPACs that
filing authority no
are involved with the November 5
later than October 7,
election)
2019.
[FORM SPAC] (all SPACs that
do not file on the modified
reporting schedule and that
supported or opposed an opposed
candidate or a measure in the
November 5 election)
Monday,
8th day before the November 5,
September 27, 2019, or
October 26, 2019
October 28, 2019
2019, uniform election
[FORM C /OH] (all local
the date of campaign
NOTE: Daily pre -
NOTE: This report
candidates who have an opponent
treasurer appointment, or
election reports of
must be received by
the ballot in the November 5
contributions
the appropriate
e
el
election and who do not file on the
the day after the date the last
accepted and direct
filing authority no
ed reporting schedule)
modified
eport ended.
campaign
later than October
expenditures made
28, 2019.
[FORM GPAC] (all GPACs that
after October 26,
filed a "30th Day Before Election
2019, may be
Report" or that are involved with
required. Please
the November 5 election)
consult the
Campaign Finance
[FORM SPAC] (all SPACs that
Guide for further
do not file on the modified
information.
reporting schedule and that filed a
"30th Day Before Election Report"
or that supported or opposed an
opposed candidate or a measure in
the November 5 election)
NOTE: A political committee must file pre - election reports if the committee is involved with the election during each pre-
election reporting period. A political committee must file an 8 -day pre - election report if the committee filed a 30 -day pre -
election report, even if there is no activity to report during the 8 -day reporting period. The campaign treasurer of a political
committee may be required to file 30 -day and 8 -day pre - election reports in connection with elections not listed on this
schedule.
2019 UNIFORM ELECTION DATES 4 November 2018
COLUMN I
COLUMN II
COLUMN III
COLUMN IV
DUE DATE
TYPE OF REPORT
BEGINNING DATE OF
ENDING DATE
OF PERIOD
(WHO FILES)
PERIOD COVERED
COVERED
Wednesday,
January semiannual
July 1, 2019, or
December 31, 2019
January 15, 2020
[FORM C /OH] (all local
the date of campaign
candidates and officeholders,
treasurer appointment, or
except for officeholders who do
not have a campaign treasurer
the day after the date the last
appointment on file and who do
report ended.
not exceed $500 in contributions
or expenditures for the reporting
period)
[FORM GPAC] (all GPACs)
[FORM SPAC] (all SPACs)
Wednesday,
Annual report of unexpended
January 1, 2019, or
December 31, 2019
January 15, 2020
contributions
the day after the date the
[FORM C /OH -UC]
final report was filed.
(former candidates and former
officeholders who have filed a
final report and who retained
unexpended contributions or assets
purchased with contributions)
N:\2019\Schedu1es \uniform.docx
2019 UNIFORM ELECTION DATES 5 November 2018
Mailing Address: Y, StreetAddres$:
P.O. Box 12070, Capitol Station �. 201 E. 14th St., 10th Floor
Austin, Texas 78711 -2070 Austin, Texas 78701
512 - 463 -5800 ''�•.�. www.ethics.state.tx.us
NOTICE TO LOCAL FILING AUTHORITIES
Below is a list of the forms, instructions, filing schedules, and other materials you should have in order to comply
with your responsibilities as a filing authority for campaign finance reports under Title 15 of the Texas Election
Code. All of these materials are available at www.ethics.state.te.us /main /local.htm on the Texas Ethics
Commission's website.
If you prepare filing packets for candidates and officeholders, we recommend that packet include the items that are
marked with an asterisk ( *). To determine if you have the most current items, refer to the forms and instructions
page located at www. ethics: state. ft us/filinginfo/localcohforms. htm on our website.
Please do not hesitate to call if you have any difficulty accessing our forms, instructions, filing schedules, or other
filing materials, or if you have any questions about the campaign finance laws. We encourage you to refer your
campaign finance filers to the applicable guides and instructions or to our office if they have any questions about
their filing obligations.
URGENT REMINDER: It is imperative that you affix a date stamp on the first page of every campaigm finance
report/document that is filed with your office. A date affixed by the filer when sing the report or a notM public
when witnessing the filer's signature is not considered a date stamp of the filing authority. Also, encourage
individuals with reporting questions to review the form instructions guide and appropriate campaign finance ug ide
and to call the Ethics Commission if they still have questions.
List of Forms, Instructions, and Guides
Guide to a Local Filing Authority's Duties under the Campaign Finance Law
* 2019 Schedule for Elections Held on Uniform Election Dates
* Campaign Finance Guide for Candidates and Officeholders Who File With Local Filing Authorities
* Political Advertising: What You Need to Know, Brochure
* Fair Campaign Practices Act
* Form CFCP - Code of Fair Campaign Practices
* Form CTA - Appointment of a Campaign Treasurer by a Candidate
* Form CTA — Instruction Guide
* Form ACTA - Amended Appointment of a Campaign Treasurer by a Candidate
* Form ACTA — Instruction Guide
* Form C /OH - Candidate /Officeholder Campaign Finance Report
* Form C /OH — Instruction Guide
Form STA - Appointment of a Carrrpaigrr Treasurer by a Specific - Purpose Committee
Form STA — Instruction Guide
Form ASTA - Amended Appointment of a Campaign Treasurer by a Specific- Purpose Committee
Form ASTA — Instruction Guide
Form SPAC - Specific- Purpose Committee Campaign Finance Report
Form SPAC — Instruction Guide
Form C /OH -UC - Candidate /Officeholder Report of Unexpended Contributions
Form C /OH -UC — Instruction Guide
Form COR -C /OH — Correction Affidavit for Candidate /Officeholder
Form COR -PAC — Correction Affidavit for Political Committee
** Form CIS — Local Government Officer Conflicts Disclosure Statement
** Form CIQ — Conflict of Interest Questionnaire
Title 15 of the Election Code
Texas Ethics Commission Rules
** As required by the Legislature, the Texas Ethics Commission adopted Forms CIS and CIQ. Please note that the
Texas Ethics Commission does NOT have jurisdiction to interpret or enforce Chapter 176 of the Government Code;
that responsibility rests with the local filing. authority. Also, please note that these forms are filed with the local .
filing authority and NOT with the Texas Ethics Commission.
SA\DFS DISONIAILOUTS\Local Filing Authorities\2019\ 2019 Local_Filing_Authorities.docx
What You Need To Know
The Texas Election Law requires certain disclosures and notices on political advertising. The
law also prohibits certain types of misrepresentation in political advertising and campaign
communications. This brochure explains what you need to know to insure that your political
advertising and campaign communications comply with the law.
If you are not sure what the law requires, do the cautious thing. Use the political advertising
disclosure statement whenever you think it might be necessary, and do not use any possibly
misleading information in political advertising or a campaign communication. If you are using
political advertising or campaign communications from a prior campaign, you should check to
see if the law has changed since that campaign.
Candidates for federal office should check with the Federal Election Commission at (800) 424-
9530 for information on federal political advertising laws.
NOTICE: This guide is intended only as a general overview of the
disclosure statements that must appear on political advertising as required under
Chapter 255 of the Election Code, which is distinct from political reporting
requirements under Chapter 254 of the Election Code.
Texas Ethics Commission
P.O. Box 12070
Austin, Texas 78711 -2070
(51.2) 463 -5800
FAX (512) 463 -5777
TDD (800) 735 -2989
Visit us at www. eth ics. state. tx. us on the Internet.
Revised January 1, 2017
Political Advertising —What You Need To Know
I. What Is Political Advertising?
The disclosure statement and notice requirements discussed in this section apply to "political
advertising." In the law, "political advertising" is a specifically defined term. Do not confuse this
special term with your own common -sense understanding of advertising.
To figure out if a communication is political advertising, you must look at what it says and where
it appears. If a communication fits in one of the categories listed in Part A (below) and if it fits in
one of the categories listed in Part B (below), it is political advertising.
Part A. What Does It Say?
1. Political advertising includes communications supporting or opposing a candidate for
nomination or election to either a public office or an office of a political party (including
county and precinct chairs).
2. Political advertising includes communications supporting or opposing an officeholder, a
political party, or a measure (a ballot proposition).
Part B. Where Does It Appear?
1. Political advertising includes communications that appear in pamphlets, circulars, fliers,
billboards or other signs, bumper stickers, or similar forms of written communication.
2. Political advertising includes communications that are published in newspapers, magazines,
or other periodicals in return for consideration.
3. Political advertising includes communications that are broadcast by radio or television in
return for consideration.
4. Political advertising includes communications that appear on an Internet website.
II. When Is A Disclosure Statement Required?
The law provides that political advertising that contains express advocacy is required to include a
disclosure statement. The person who causes the political advertising to be published,
distributed, or broadcast is responsible for including the disclosure statement.
The law does not define the term "express advocacy." However, the law does provide that
political advertising is deemed to contain express advocacy if it is authorized by a candidate, an
agent of a candidate, or a political committee filing campaign finance reports. Therefore, a
disclosure statement is required any time a candidate, a candidate's agent, or a political
committee authorizes political advertising.
Texas Ethics Commission Page 1 Revised 01/01/2017
Political Advertising —What You Need To Know
The precise language of political advertising authorized by someone other than a candidate, the
candidate's agent, or a political committee will determine if the advertising contains express
advocacy and is therefore required to include a disclosure statement. Generally, the question is
whether the communication expressly advocates the election or defeat of an identified candidate,
or expressly advocates the passage or defeat of a measure, such as a bond election. The inclusion
of words such as "vote for," "elect," "support ," "defeat," "reject," or "Smith for Senate" would
clearly constitute express advocacy, but express advocacy is not limited to communications that
use those words. Similar phrases, such as "Cast your ballot for X," would also constitute express
advocacy. Additionally, in 2007, the United States Supreme Court held that an advertisement
included express advocacy or its functional equivalent "if the ad is susceptible to no reasonable
interpretation other than as an appeal to vote for or against a specific candidate." FEC v.
Wisconsin Right to Life, Inc., 127 S.Ct. 2652 (2007). It is a question of fact whether a particular
communication constitutes express advocacy. If you are not sure whether political advertising
contains express advocacy, do the cautious thing and include the disclosure statement. That way
there is no need to worry about whether you have violated the law.
Remember: The concept of "express advocacy" is relevant in determining whether political
advertising is required to include a disclosure statement. However, the political advertising laws
governing the right -of -way notice, misrepresentation, and use of public funds by political
subdivisions will apply to political advertising regardless of whether the advertising contains
express advocacy.
III. What Should The Disclosure Statement Say?
A disclosure statement must include the following:
1. the words "political advertising" or a recognizable abbreviation such as "pol. adv."; and
2. the full name of one of the following: (a) the person who paid for the political advertising; (b) the
political committee authorizing the political advertising; or (c) the candidate or specific- purpose
committee supporting the candidate, if the political advertising is authorized by the candidate.
The disclosure statement must appear on the face of the political advertising or be clearly spoken
if the political advertising does not include written text.
The advertising should not be attributed to entities such as "Committee to Elect John Doe" unless a
specific - purpose committee named "Committee to Elect John Doe" has filed a campaign treasurer
appointment with the Ethics Commission or a local filing authority.
IV. Are There Any Exceptions To The Disclosure Statement Requirement?
The following types of political advertising do not need the disclosure statement:
1. t- shirts, balloons, buttons, emery boards, hats, lapel stickers, small magnets, pencils, pens,
pins, wooden nickels, candy wrappers, and similar materials;
2. invitations or tickets to political fundraising events or to events held to establish support for a
candidate or officeholder;
Texas Ethics Commission Page 2 Revised 01/01/2017
Political Advertising —What You Need To Know
3. an envelope that is used to transmit political advertising, provided that the political
advertising in the envelope includes the disclosure statement;
4. circulars or fliers that cost in the aggregate less than $500 to publish and distribute; and
5. political advertising printed on letterhead stationery, if the letterhead includes the name of
one of the following: (a) the person who paid for the advertising, (b) the political committee
authorizing the advertising, or, (c) the candidate or specific - purpose committee supporting
the candidate, if the political advertising is authorized by the candidate. (Note: There is also
an exception for holiday greeting cards sent by an officeholder, provided that the
officeholder's name and address appear on the card or the envelope.)
V. What Should I Do If I Discover That My Political Advertising Does Not Contain A
Disclosure Statement?
The law prohibits a person from using, causing or permitting to be used, or continuing to use
political advertising containing express advocacy if the person knows it does not include the
disclosure statement. A person is presumed to know that the use is prohibited if the Texas Ethics
Commission notifies the person in writing that the use is prohibited. If you receive notice from
the Texas Ethics Commission that your political advertising does not comply with the law, you
should stop using it immediately.
If you learn that a political advertising sign designed to be seen from the road does not contain a
disclosure statement or contains an inaccurate disclosure statement, you should make a good
faith attempt to remove or correct those signs that have been distributed. You are not required to
attempt to recover other types of political advertising that have been distributed with a missing or
inaccurate disclosure statement.
VI. The Fair Campaign Practices Act.
The Fair Campaign Practices Act sets out basic rules of decency, honesty, and fair play to be
followed by candidates and political committees during a campaign. A candidate or political
committee may choose to subscribe to the voluntary code by signing a copy of the code and
filing it with the authority with whom the candidate or committee is required to file its campaign
treasurer appointment. A person subscribing to the code may indicate that fact on political .
advertising by including the following or a substantially similar statement:
(Name of the candidate or political committee, as appropriate) subscribes to the
Code of Fair Campaign Practices.
VII. Special Rule For Judicial Candidates, Officeholders, and Committees.
Candidates for the Supreme Court, Court of Criminal Appeals, courts of appeals, district courts,
statutory county courts (county courts -at -law), and statutory probate courts are required to file a
form declaring their intent to either comply with or exceed the voluntary expenditure limits of
the Judicial Campaign Fairness Act. A candidate who has declared an intent to comply with the
expenditure limits, as well as a specific - purpose committee supporting such a candidate, may
Texas Ethics Commission Page 3 Revised 01/01/2017
Political Advertising —What You Need To Know
state the following in political advertising:
Political advertising paid for by (name of candidate or committee) in compliance
with the voluntary limits of the Judicial Campaign Fairness Act.
If a candidate declares an intent to exceed the expenditure limits, however, both the candidate
and any specific - purpose committee supporting the candidate must include in their political
advertising the following statement:
Political advertising paid for by (name of candidate or committee), (who or
which) has rejected the voluntary limits of the Judicial Campaign Fairness Act.
ROAD SIGNS
I. When Is The "Right -Of -Way" Notice Required?
All written political advertising that is meant to be seen from a road must carry a "right -of -way"
notice. It is a criminal offense to omit the "right -of -way" notice in the following circumstances:
1. if you enter into a contract or agreement to print or make written political advertising meant
to be seen from a road; or
2. if you instruct another person to place the written political advertising meant to be seen from
a road.
II. What Should The "Right -Of -Way" Notice Say?
Section 255.007 of the Texas Election Code prescribes the exact language of the notice:
NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393,
TRANSPORTATION CODE) TO PLACE THIS SIGN IN THE RIGHT -OF-
WAY OF A HIGHWAY.
III. Do Yard Signs Have To Have The "Right -Of -Way" Notice?
Yes. The "right -of -way" notice requirement applies to signs meant to be seen from any road. The
notice requirement assures that a person responsible for placing signs is aware of the restriction
on placing the sign in the right -of -way of a highway.
IV. What About Bumper Stickers?
Bumper stickers do not need the "right -of.- -way" notice. They do, however, need a political
advertising disclosure statement.
Texas Ethics Commission Page 4 Revised 01/01/2017
Political Advertising —What You Need To Know
V. Where May I Place My Signs And How Long May Signs Be Posted?
For information about exactly where you may or may not place signs, or for information
regarding the length of time your signs may be posted, check with your city or county
government and with the Texas Department of Transportation at (512) 416 -2901.
MISREPRESENTATION
I. Are There Restrictions On The Contents Of Political Advertising?
Political advertising and campaign communications may not misrepresent a person's identity or
official title, nor may they misrepresent the true source of the advertising or communication. The
election law does not address other types of misrepresentation in political advertising or
campaign communications.
Note that the misrepresentation rules apply to both political advertising and campaign
communications. "Campaign communication" is a broader term than "political advertising."
A "campaign communication" means "a written or oral communication relating to a campaign
for nomination or election to public office or office of a political party or to a campaign on a
measure."
II. Misrepresentation Of Office Title.
A candidate may not represent that he or she holds an office that he or she does not hold at the
time of the representation. If you are not the incumbent in the office you are seeking, you
must make it clear that you are seeking election rather than reelection by using the word
"for" to clarify that you don't hold that office. The word "for" must be at least one -half the
type size as the name of the office and should appear immediately before the name of the office.
For example, a non- incumbent may use the following formats:
Vote John Doe
for Attorney General
John Doe
For
Attorney General
Texas Ethics Commission Page 5 Revised 01/01/2017
Political Advertising —What You Need To Know
III. Misrepresentation Of Identity Or Source.
A person violates the law if, with intent to injure a candidate or influence the result of an
election, the person misrepresents the source of political advertising or a campaign
communication or if the person misrepresents his or her own identity or the identity of his or her
agent in political advertising or in a campaign communication. (If someone else is doing
something for you, that person is your agent.) For example, you may not take out an ad in favor
of your opponent that purports to be sponsored by a notoriously unpopular group.
IV. Use Of State Seal.
Only officeholders may use the state seal in political advertising.
Texas Ethics Commission Page 6 Revised 01/01/2017
In compliance with the Americans With Disabilities Act, the publications ofthe Texas Ethics Commission are available in alternative formats.
The Texas Ethics Commission is an Equal Opportunity Employer and does not discriminate in providing services and employment.
Copies of this publication have been distributed in compliance with the State Depository Law.
During campaign season, the landscape blooms with a special kind of flower - the
political sign. Unlike wildflowers that are welcome anywhere, putting campaign signs on
public lands is illegal. So before you plant that sign, learn the law and keep Texas
beautiful.
You need to know
• It is illegal to place any signs on or within the right of way. This includes posting
signs on trees, telephone poles, traffic signs and other objects on the right of way..
• Campaign signs along Texas roads can be placed on private property with the
owner's permission.
Signs must be made of lightweight material and be no larger than 50 square feet.
• Campaign signs may be posted as early as 90 days before an election (no earlier)
and must be removed within 10 days after the election.
• Before placing a sign inside of incorporated city limits, check with the city for
applicable ordinances.
• As per City of Schertz UDC §21.11.5 Exempted Signs, Political Signs are exempt
from permit requirements.
Sign Removal
If you've placed your sign in the right of way or it's posing a traffic hazard, we will
remove it without prior notice. All costs associated with sign removal will be paid by the
sign owner.
Contact Us
For more information about the rules governing campaign signs, please call (512) 416-
2901
Schertz, TX Unified Development Code
Sec. 21.11.5. - Exempted Signs.
Page 1 of 2
The following types of sign or sign work are exempt from the permit requirements of this Article
I provided, however, that the exemption from the permit requirements of this Article shall not be deemed
to grant authorization for any work to be done in any manner in violation of the provisions of this Article
or any other laws, ordinances, codes or regulations of the City:
A. Governmental Signs.
B. Political Signs.
C. Railway Signs. Any sign within the railway right -of -way placed and maintained in
reference to the operation of such railway.
D. Utility Signs. Any sign marking utility or underground communications or transmission
lines.
E. Vehicle Signs. Any sign placed on or affixed to vehicles and /or trailers where the sign is
incidental to the primary use of the vehicle or trailer as a form of transportation and
which identifies the business, products, or services with which the vehicle and /or trailer
is related
F. Flags. Official flags of governmental jurisdictions or non - profit organizations. Nothing in
this Article shall be construed to prevent the display of a national or state flag or to limit
flags, insignias, or legal notices or informational, directional or traffic signs which are
legally required and necessary to the essential functions of governmental agencies.
Flag poles shall not exceed thirty -five (35) feet in height.
G. Warning Signs. Signs warning the public of the existence of danger but containing no
advertising material.
H. Street Address Signs. Address signs containing only numeric address and street or
complex names.
I. Holiday Signs. Any temporary sign promoting the celebration of a holiday and
containing no commercial advertising.
J. Plaques. Any commemorative sign of a recognized historical society or organization.
K. Menu Board Signs. A maximum of two (2) menu board signs, each with a maximum of
thirty -two (32) square feet in area, shall be permitted per drive through service
restaurant or restaurant drive -up window or similar drive through business.
L.
about:blank 1/28/2019
Schertz, TX Unified Development Code Page 2 of 2
Minor Repairs and Maintenance. Minor repair work to any sign, including the
replacement of lamps or the connection of approved portable electrical equipment to
approved permanently installed receptacles, painting or other similar exterior
maintenance of a sign structure so long as no structural alterations are made to the
sign.
about:blank 1/28/2019
Schertz Marshal's services
-, 1400 Schertz Pkwy — Bldg #1
L =r Schertz, Texas 78154
(210)619 -1665
Rules for Political Yard Signs
During an election season, it is common for Texas homeowners and businesses to post political
yard signs expressing their choice of candidate, When creating or posting apolitical yard sign in
Texas, it is important to adhere to all local and state rules to prevent having a sign removed and to
avoid paying a possible fine, 'Yard signs in Texas must be secured and meet size requirements,
Posting Requirements
Placing a political yard sign on public property or the right -of -way is illegal in
Texas as per the Texas Department of Transportation (T 00T), Yard signs placed
in the right -of way, including any placed on trees; traffic signs or telephone poles
will be removed by the TxDOT with no notice, Political yard -signs placed on
private-property must be lightweight and less than 50 square feet, Land owners may
Place signs or grant permission for others to- place signs on their property up to g0
days before an election, though-they must be removed within 10 days after the
election. All signs that are on private property that are deemed to be a traffic hazard
will be removed by TxDOT or the City of Schertz without warning, and any fees
incurred for sign removal must be paid by the sign's owner,
Sign Requirements
Before distributing or posting a campaign sign in Texas, ensure that the sign meets all of
the state .requirements for sign disclosure and proper wording, All political yard signs
must have a disclosure statement noting that the sign is "political advertising" and must
also note the person or group who paid for the signs and the candidate or group that
approved the sign's message, according to the Texas Ethics Commission website, All
yard signs must also include the statement "NOTTCE; IT IS A VIOLATION OF
STATE LAW (CEIA PTE RS 392 AND 393, TRANSPORTATION CODE) TO
PLACE THIS SIGN Ili' THE RIGHT -OT -WAY OF A HIGHWAY." to assure that
all persons using the sign are aware. of the state's requirements, Signs must also be
worded clearly and not misrepresentIthe candidate or source of the sign. in any way. '
Other Rulings
According to TxDOT, all persons posting political yard signs. should check with
their county or city before posting a'sign, as additional rules often apply in specific
areas. Individual neighborhoods and homeowner's associations often have their own
roles regarding political advertising as well.-Iti addition, if running for federal
Office(s) contact the Federal Election. Commission on yard siguage requirements for
national campaigns.
(Texas .Ethics Commission, P.O. Box 12070, Austin, Ti 78711-2070, SI2M463 -5800)
November 5, 2019 - Uniform Election Date
l! These dates are subject to changes from the 2019 legislative session.
1
Authority Conducting Elections
County Elections Officer /Local
Political Subdivisions
First Day to Apply for Ballot by Mail
3 Tuesday, January 1, 2019*
*First day to file does not move
because of New Year's Day holiday. An
"Annual ABBM" or FPCA for a January
or February 2019 election may be filed
earlier., but not earlier than the 60th day
before the date of the January or
February election.
Deadline to post notice of candidate
` Thursday, June 20, 2019 for local rT—
filing deadline
political subdivisions that have a first
_ —
day to file for their candidates
First Day to File for Place on General
Saturday, July 20, 2019 ( "first day"
Election Ballot
does not move; office hours not
(for local political subdivisions ONLY)
required)
Last Day to Order General Election or
Monday, August 19, 2019
Election on a Measure
Last Day to File for Place on General
( Monday, August 19, 2019 at 5:00 p.m.
Election Ballot
See note below relating to four -year
(for local political subdivisions ONLY)?
terms 3
Last Day to Register to Vote
Monday, October 7, 2019
First Day of Early Voting
Monday, October 21, 2019 (17th day
before election day falls on a Saturday,
first day moves to next business day)
Last Day to Apply for Ballot by Mail
Postmarked)
Friday, October 25, 2019
(Received, not
Last Day of Early Voting Friday, November 1, 2019
Last day to Receive Ballot by Mail
Tuesday, November 5, 2019 (election
day) at 7:OO.p.m. (unless a late- arriving
deadline applies)
https: / /www.sos.state.tx.us /elections/ voter /2019- important- election - dates.shtml 1/28/2019
Important 2019 Election Dates Page 3 of 3
1 Under new law, most local entities now have a "first day" to file.
For the few entities who do not have a first day to file: For the May 4, 2019 election, Wednesday,
January 16, 2019 is the deadline to post notice of candidate filing deadline for local political
subdivisions that do not have a first day to file for their candidates. For the November 5, 2019
election, Monday, July 22, 2019 is the deadline to post notice of candidate filing deadline for local
political subdivisions that do not have a first day to file for their candidates. (The 30th day before
last day on which candidate may file falls on a Saturday, deadline moves to next business day.)
Local political subdivisions include: cities, school districts, water districts, hospital districts, and
any other local government entity that conducts elections. Many of these elections are conducted
on the May uniform election date. Note: Counties may also be holding local proposition (measure)
elections on May 4, 2019.
2 Filing deadlines: generally, the filing deadline is the 78th day prior to Election Day. The Texas
Election Code (the "Code ") may provide a different special election filing deadline. See Section
201.054 of the Code. Write -in deadlines: the deadline for most local (city, school, other) general
elections is now the same day as the filing deadline for application for a place on the ballot in a
May election or November election. NEW LAW: A declaration of write -in candidacy for special
elections must be filed no later than the filing deadline for all candidates.- House Bill 2323 (2017).
Effective Date: September 1, 2017.
3 I no candidate for a four -year term has filed an application for a place on the ballot for a city
office, the filing deadline for that office is extended to 5 p.m. of the 57th day before the election.
For the May 4, 2019 election, this is Friday, March 8, 2019. For the November 5, 2019 election,
this is Monday, September 9, 2019. See Section 143.008 of the Code.
4The county elections officer may be the county clerk, the county tax assessor - collector (if
commissioners court transfers election duties to him /her), or the county elections administrator (if
commissioners court creates the position).
https: / /www.sos.state.tx.us /elections/ voter / 2019 - important- election- dates.shtml 1/28/2019
CITY OF SCHERTZ, TEXAS
HOME RULE CHARTER*
Schertz City Charter as revised by 2015 election
ARTICLE NAME (lF CITY AND BOUNDARIES -------------------2
Section1.01
Name ....................................................................................................
2
Section 1.02
Boundaries; Extension, Annexation and Di8annexa1iou .................
2&3
ARTICLE 11 POWERS ()FTHE CITY ................................................................................
4
Section 2.0l
General Powers ....................................................................................
4
ARTICLE III FORM OF GOVERNMENT -------------------------5
Section 3.0l
Establishment -----------------------------5
ARTICLE IV THE CITY COUNCIL .....................................................................................
6
Section 4.Ol
Number, Selection and Tenn ...............................................................
h
Section 4.02
Qualifications -----------------------------6
Section 4.03
Judge 0fElection Qualifications -------------------.6
Section 4.04
Compensation ----------------------------..6
Section 4.05
Mayor and Mayor Pro-Tern .................................................................
6
Section 4.0A
\/4cmzoicm` Forfeiture, Filling of Vacancies .........................................
7
Section 4.07
Prohibitions .....................................................................................
7&A
Section 4.08
Powers ofthe City Council ----------------------X
Section 4.09
Meetings and Procedure ..................................................................
8&9
Section 4.l0
Inquiry povverg ---------------------------..lU
Section 4.}}
Council Investigations; i '�cno�ma
— -----'�-" -----------'
l0��l}
ARTICLE CITY
MANAGER .........................................................................................
l2
Section 5.01
Appointment; Qualifications; Conq?enootinn------------
12
Section 5.02
Acting City Manager ------------------------.l2
Section 5.03
Powers and Duties ofCity Manager --------------.l2&l3
ARTICLE VI OTHER
DEPARTMENTS, OFFICES ()R. AGENCIES ...............................
14
Section 6.01
General Provisions .............................................................................
l4
Section 6.02
Operational and Personnel Policies ...................................................
|4
Section 6.03
City Attorney ----------------------------.l4
Section 0.O4
Judge ofthe Municipal Court .....................................................
l4&L5
Section 6.05
Terms of Office ofCity Attorney and Municipal Judge ....................
l5
Section 6.06
City Secretary ----------------------------l5
ARTICLE VII FINANCIAL
PROCEDURES .......................................................................
|h
Section 7.01
Fiscal Year .........................................................................................
lb
1
Section7.03
Audit ................................................................... ............................... 16
ARTICLE VIII LEFT INTENTIONALLY BLANK ............................... ...............................
17
ARTICLE IX NOMINATIONS AND ELECTIONS ............................ ...............................
18
Section 9.01
City Elections ...................................................... ...............................
18
Section 9.02
Candidates ........................................................... ...............................
18
Section 9.03
Determination of Election Results ...................... ...............................
18
Section 9.04
City Council Ballots ..................................... ...............................
18 &19
Section 9.05
Ballots for Ordinances and Charter Amendments .............................
19
ARTICLE X INITIATIVE,
REFERENDUM AND RECALL ............ ...............................
20
Section 10.01
General Authority ............................................... ...............................
20
Section 10.02
Commencement of Proceedings; Petitioners' Committee;
Affidavit.............................................................. ...............................
20
Section 10.03
Petitions ........................................................ ...............................
20 &21
Section 10.04
Procedure After Filing ................................. ...............................
21&22
Section 10.05
Referendum Petitions; Suspension of Effect of Ordinance ...............
22
Section 10.06
Action on Petitions ....................................... ...............................
22 &23
Section 10.07
Results of Election .............................................. ...............................
23
Section 10.08
Limitation on Recall ........................................... ...............................
23
Section 10.09
Ordinances Passed by Petition, Repeal or Amendment .....................
23
ARTICLE XI LEFT INTENTIONALLY BLANK ............................... ............................... 25
ARTICLE XII GENERAL
PROVISIONS ............................................. ...............................
26
Section 12.01
Personal Financial Interest .................................. ...............................
26
Section 1.2.02
Charter Amendment ............................................ ...............................
26
Section 12.03
Charter Review Commission ....................... ...............................
26 &27
Section 12.04
Separability ......................................................... ...............................
27
Section 12.05
State Law ............................................................ ...............................
27
Section12.06
Headings ............................................................. ...............................
27
Section 12.07
Penalty Clause ..................................................... ...............................
27
Section 12.08
Disaster Clause ............................................. ...............................
27 &28
ii
PREAMBLE
The citizens of the City of Schertz, in the Counties of Guadalupe, Bexar and Comal, State
of Texas, being aware that their community is becoming ever larger and more prosperous and
that ever increasing growth and prosperity are certain, desire to plan, regulate and control the
affairs of the City to the fullest extent possible under the Constitution and general laws of this
State. In this spirit, the citizens of the City of Schertz do hereby ordain this the Charter of the
City of Schertz and accept the duties and responsibilities which it imposes and the privileges
which it grants.
[End of Preamble]
1
h/I►l l 5[O15[ 111 10,110 17 061110017,11 R I �T.y
Section 1.01 Name.
Those persons residing within the limits of the City, as those limits now are or as they
may be in the future changed, are hereby constituted and shall continue to be a municipal body
politic to exist in perpetuity under the name "CITY OF SCHERTZ" hereinafter referred to as the
"City"
Section 1.02 Boundaries; Extension, Annexation and Disannexation.
(a) Boundaries. The bounds and limits of the City are hereby established and
described as those which exist under authority of the current City ordinances and displayed on a
map maintained by the City Secretary and those boundaries established and changed hereafter as
provided; such map to be maintained hereafter by the City Manager and maintained in a public
place.
(b) Extension of Boundaries; Annexation of Territory. The City Council shall have
the power by ordinance to annex territory lying adjacent to the City, with or without the consent
of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of
the City. Such annexations shall be limited and controlled by the applicable annexation laws of
the State.
(c) Disannexation. Any area hereafter annexed under this Charter and the law of this
State may be disannexed as follows:
i. Prior to disannexing any property of the City a public hearing shall held
before both the City's Planning and Zoning commission and City Council on the
proposed disannexation.
ii. Before the 10th day before the hearing date before the Planning and
Zoning Commission, written notice of the public hearing shall be sent to each owner, as
indicated by the most recently approved municipal tax roll, of real property within 200
feet of the area to be disannexed. The notice may be served by its deposit in the United
States mail, properly addressed with postage paid.
iii. Not later than 30 days of completion of the public hearing by the Planning
and Zoning Commission the City Council shall hold a public hearing on the proposed
disannexation. Before the 15th day before the date of the public hearing, a general
description of the property to be disannexed and notice of the time and place of the
hearing must be published in an official newspaper or a newspaper of general circulation
in the City.
iv. Not later than 30 days after the completion of the public hearing
conducted by City Council the City Council may adopt an ordinance disannexing the
2
property. A metes and bounds description of the property shall be attached to the
ordinance as an exhibit.
[End of Article
IOWAT /XWMIaYII mug Y11`1
Section 2.01 General Powers.
The City shall have all the powers granted to cities by the Constitution and general laws
of the State together with all of the implied powers necessary to execute such granted powers.
[End of Article 11]
M
�
I a[119LI [o] WeIIIiI N.1 ►lLTA 101►Y Y
Section 3.01 Establishment.
The municipal government provided by this Charter shall consist of a Mayor and
Councilmembers, elected by the people and responsible to the people, and a City Manager,
appointed by and responsible to the City Council for proper administration of the affairs of the
City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution
and general laws of the State and by this Charter, all powers of the City shall be vested in the
elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and
determine policies.
[End of Article III]
5
ARTICLE IV
THE CITY COUNCIL
Section 4.01 Number, Selection and Term.
The City Council shall be composed of the Mayor and seven Councilmembers. The
Mayor and all Councilmembers shall be elected from the City at large. Subject to
Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in
Section 9.01 of this Charter for three -year terms. Each Councilmember shall occupy a position
on the City Council, such positions being numbered Place One through Place Seven.
Section 4.02 Qualifications.
The Mayor and each Councilmember must have attained the age of eighteen or older on
the first day of the term of office applied for, be a registered voter of the City of Schertz, and
have been a resident of the City for at least twelve consecutive months immediately preceding
the deadline for filing for an application for a place on the ballot.
Section 4.03 Judge of Election Qualifications.
The City Council is the final judge of all elections and the qualifications of its members
and any other elected officials of the City.
Section 4.04 Compensation.
Members of the City Council shall serve with such compensation as determined by the
City Council. An increase in compensation shall not be effective for any member of the City
Council during the term for which he or she was elected and the increase was approved.
Payment of expenses incurred in performance of official duty may be approved by the City
Council.
Section 4.05 Mayor and Mayor Pro -Tem.
The Mayor shall be the official head of the City government. He or she shall be the
chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the
event of a tie. He or she shall, unless another signatory is otherwise designated by the City
Council, sign all official documents such as ordinances, resolutions, conveyances, grant
agreements, official plats, contracts, and bonds. He or she shall appoint special committees as
instructed by City Council, with committee membership to be composed of nominees by the City
Council. He or she shall perform such other duties consistent with this Charter or as may be
imposed upon him or her by City Council. The Mayor shall not have veto powers.
The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a term
and pursuant to procedures established by the City Council from time to time. The Mayor Pro -
Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall
have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote
on any matter before the City Council.
0
Section 4.06 Vacancies, Forfeiture, Filling of Vacancies.
(a) Vacancies. The office of a Councilmember or the office of the Mayor shall
become vacant upon his or her death, removal from office in any manner authorized by law, or
forfeiture of his or her office as provided for in this Charter.
(b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon:
(1) Final conviction of a felony or of an offense involving moral turpitude, a
violation of any state laws regulating conflicts of interest of municipal officers, or is
assessed a deferred adjudication or probation for any state laws regulating conflicts of
interest of municipal officers.
(2) Ceasing to be a resident of the City.
(3) Failure to regularly attend City Council meetings without an approved
absence obtained by a majority vote by City Council either before or after the absence.
There shall be a presumption of failure to regularly attend when three (3) regular
meetings are missed during a term year without obtaining an approved absence from City
Council.
(4) A determination by City Council of the inability or unfitness to promptly
and properly discharge official duties because of a serious mental or physical defect that
did not exist at the time of election.
(c) Filling Vacancies. In the event of a single vacancy in the City Council, if there
are 365 days or more remaining on the term of the vacated City Council position, the City
Council shall call a special election to fill such vacancy. If there are less than 365 days
remaining in the term of the vacated City Council position, the City Council may, by majority
vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember
to fill such vacancy or call a special election to fill such vacancy.
Section 4.07 Prohibitions
(a) Holding other Office. No Mayor or Councilmember shall hold any compensated
City office or employment until two (2) years after the expiration of the term for which he or she
was elected to the City Council.
(b) Appointments and Removals. Neither the City Council nor any of its members
shall in any manner dictate the appointment or removal of any City administrative officer or
employee whom the City Manager or any of his or her subordinates are empowered to appoint,
unless otherwise provided in this Charter, but the City Council may express its views and fully
and freely discuss with the City Manager anything pertaining to appointment and removal of
such officers and employees.
(c) Interference with Administration. Except for the purpose of inquiries, unless
otherwise provided in this Charter, the City Council or its members shall deal with City officers
7
and employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and neither the City Council nor its members shall give orders to any
such officer or employee, either publicly or privately.
(d) Admission of Liability. Neither the City Council nor any of its members shall
accept or admit liability or pay any claim for damages asserted against the City without first
obtaining a written opinion from the City Attorney regarding the City's liability therein.
(e) Conflicts of Interest. It is hereby prohibited for the Mayor or Council Member or
a City Official to violate the rules and regulations regarding conflicts of interests as set out in the
Texas Local Government Code, Chapter 171 as amended or its successor. For purposes of this
Section term "City Official" means any individual subject to the requirements of Texas Local
Government Code, Chapter 171 as amended or its successor.
(f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council
Member to release any attorney - client privileged communication. The City Council as the
governing body of the City solely holds and is entitled to the attorney client - privilege and it may
only be waived by an affirmative vote of two - thirds of the City Council.
Section 4.08 Powers of the City Council.
All City powers shall be vested in the City Council, except as otherwise provided by law
or this Charter.
Section 4.09 Meetings and Procedure.
(a) Date Time Place and Notice. The City Council shall meet at least once each
month at a time and place prescribed by ordinance. Special meetings may be called by the
Mayor, the City Manager, or on application of three Councilmembers. Written notice of the
date, place and subject of each meeting shall be posted in the City Hall and written notice of no
less than twelve hours (two hours in the event of an emergency meeting of the City Council)
shall be given to each Councilmember.
(b) Open Meetings. Meetings shall be open to the public in accordance with
applicable State law.
(c) Quorum. Three Councilmembers (excluding the Mayor) shall constitute a
quorum, and no action shall be valid unless adopted by the affirmative vote of three or more
members of the City Council. If the Mayor Pro -Tem is presiding, he or she shall be counted for
purposes of determining a quorum.
(c) Quorum. Four Councilmembers (excluding the Mayor) shall constitute a quorum,
and no action shall be valid unless adopted by the affirmative vote of four or more members of
the City Council. If the Mayor Pro Tem is presiding, he or she shall be counted for purposes of
determining a quorum. [EFFECTIVE THE FIRST REGULAR CITY COUNCIL IN
NOVEMBER 2016 THAT CONSISTS OF SEVEN CITY COUNCIL MEMBERS]
(d) Rules of Procedure. The City Council shall, by ordinance, determine its own
rules and order of business, provided, however, that the citizens of the City shall have a
reasonable opportunity to be heard at any meeting with regard to any matter relevant to the
government of the City except at such meetings of the City Council as may be closed to the
public as permitted by State law. Provision shall be made for the taking of minutes, which
minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and
the ayes and nays shall be recorded in the minutes.
(e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be
introduced to the City Council only in written or printed form. The subject or subjects of all
ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be
prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at
which it is first introduced, but instead the ordinance or its caption shall be read, and the City
Council will determine whether it shall be rejected or further considered at a subsequent meeting
of the City Council. If rejected, no further action shall be required. The City Council must take
second and final consideration of any ordinance not later than sixty days after the first reading of
such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not
less than two- thirds of the members present at the meeting at which an ordinance is first
introduced, determines that an emergency exists requiring immediate action, such ordinance may
then be voted upon and rejected or passed at that meeting. The enacting clause of all ordinances
shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City
Secretary and shall be systematically recorded and indexed in an ordinance book in a manner
approved by the City Council.
(1) Franchise ordinances. All ordinances granting, confirming, extending,
renewing or amending a franchise shall be accepted in writing by the grantees and before
taking effect shall be published as otherwise provided in this Charter.
(2) Effective date. Every ordinance passed by the City Council shall be
enrolled by the City Secretary as soon as practicable after its passage. If the ordinance
was published, he or she shall note the time and place of publication which shall be prima
facie proof of publication thereof. The affidavit by the printer or publisher shall also be
prima facie proof of the publication. Enrollment of an ordinance shall be prima facie
proof of its legal adoption and effect.
(3) Codification of ordinances. The City Council shall have the power to
cause the ordinances of the City to be corrected, amended, revised, codified and printed
in code form as often as the City Council deems advisable, and such printed code, when
adopted by the City Council, shall be in full force and effect without the necessity of
publishing the same or any part thereof in a newspaper. All printed ordinances or codes
of ordinances shall be admitted as evidence in all courts without further proof and shall
have the same force and effect as did the original ordinance.
0
Section 4.10 Inquiry Powers.
The City Council shall have the authority to inquire into the affairs of the City and the
conduct of any City department, office, or agency.
Section 4.11 Council Investigations; Hearings; Process.
A. General. In addition to any other specific authority of investigation and hearing provided
for in this Charter, the City Council shall have the power to inquire into the official conduct of
any department, agency, appointed boards, office, officers, employees or appointed board
members of the City. For the purpose of investigations and hearings, the City Council shall have
the power to administer oaths, subpoena witnesses, compel the production of books, papers, and
other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties
for contempt in failing or refusing to obey any such subpoena or to produce any such books,
papers or other evidence. The City Council shall have the power to punish any such contempt in
the manner provided by such ordinance.
B. Hearings Process for Forfeitures of Office and Prohibitions.
1. All hearings held under this subsection shall be conducted in open session, except
that the City Council may conduct a closed session to get advice from its attorney pursuant to the
Texas Open Meetings Act;
2. The office holder subject to any investigation and /or hearing under this section
shall be entitled to written notice of the allegations of forfeiture and/or the alleged violation of
this Charter as applicable;
3. A special meeting shall be called to hold the hearing;
4. A member of City Council who initiated or is the subject of the investigation or
hearing shall not sit at the dais and shall not participate in deliberations or vote;
5. City Council shall adopt by ordinance rules of procedures to be followed;
6. The City Council shall state the nature of the hearing and the allegations to be
considered, shall be provided the results of any investigation and a presentation of the evidence
against the office holder including, but not limited to testimony from individuals;
7. The individual who is subject to the hearing shall be provided an opportunity to
respond to the allegations and present any relevant evidence including, but not limited to,
testimony from individuals;
8. City Council may ask questions of any individual;
9. No public comment shall be allowed;
10
10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this
Charter City Council shall vote on the forfeiture and on the affirmative vote of two - thirds of City
Council declare the office of said office holder to be forfeited and vacant;
11. In the case of an alleged violation of Section 4.07 of this Charter City Council
may, on the affirmative vote of a majority of the City Council, take any action it determines to be
appropriate including, but not limited to, directing further investigation, requesting further
information, vote to enforce a penalty pursuant to section 12.10 of this Charter, vote to bring an
action in municipal court, take a vote of censure; or, upon the affirmative vote of two- thirds (2/3)
of City Council, declare the office of said office holder to be forfeited and vacant.
12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case
of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or of an alleged
violation of Section 4.07 of this Charter.
[End of Article IV]
11
011111 /1% FRIMIx!'151:7
Section 5.01 Appointment; Qualifications; Compensation.
The City Council shall appoint a City Manager and fix his or her compensation. He or
she shall be chosen on the basis of his or her executive and administrative training, experience,
ability and character. He or she need not be a resident of the City or State at the time of his or
her appointment, but he or she must agree, prior to such appointment, to become a resident of the
City within four months after the date of his or her appointment. If he or she thereafter fails to
become a resident of the City within that four -month period, he or she shall be deemed to have
forfeited his or her appointment and the office shall be declared vacant by announcement of the
Mayor at the first meeting of the City Council following the expiration of the four -month period.
The City Manager shall serve at the will and pleasure of the City Council. He or she shall be
employed for or relieved from his or her duties by a vote of a majority of the members of the
entire City Council.
Section 5.02 Acting City Manager.
By letter filed with the City Secretary the City Manager shall designate, subject to
approval of the City Council, a qualified City administrative officer to exercise the powers and
perform the duties of City Manager during his or her temporary absence or disability. During
any vacancy in the office of City Manager, the City Council may appoint an Acting City
Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the
City Council may revoke such designation at any time and appoint another officer of the City to
serve as Acting City Manager until the City Manager shall return or his or her disability shall
cease or such vacancy is filled.
Section 5.03 Powers and Duties of City Manager.
The City Manager shall be the chief administrative officer of the City. He or she shall be
responsible to the City Council for the administration of all City affairs placed in his or her
charge by or under this Charter. He or she shall have the following powers and duties:
(a) He or she shall appoint and, when he or she deems it necessary for the good of the
City, suspend or remove City employees and appointive administrative officers provided for, by
or under this Charter, except as otherwise provided by law, this Charter, or personnel rules
adopted pursuant to this Charter. He or she may authorize any administrative officer who is
subject to his or her direction and supervision to exercise these powers with respect to
subordinates in that officer's department, office or agency.
(b) He or she shall direct and supervise the administration of all departments, offices
and agencies of the City, except as otherwise provided by this Charter or by law.
(c) The City Manager or their designee shall attend all City Council meetings and
shall have the right to take part in discussion but may not vote.
12
(d) He or she shall see that all laws, provisions of this Charter and acts of the City
Council, subject to enforcement by him or her or by officers subject to his or her direction and
supervision, are faithfully executed.
(e) He or she shall prepare and submit the annual budget and capital program to the
City Council.
(f) He or she shall submit to the City Council and make available to the public a
complete report on the finances and administrative activities of the City as of the end of each
fiscal year.
(g) He or she shall make such other reports as the City Council may require
concerning the operations of City departments, offices and agencies subject to his or her
direction and supervision.
(h) He or she shall keep the City Council fully advised as to the financial condition
and future needs of the City and make such recommendations to the City Council concerning the
affairs of the City.
(i) He or she shall perform such other duties as are specified in this Charter or may
be required by the City Council.
0) He or she shall keep a written inventory of all real property and all permanent
equipment belonging to the City, said inventory to be subject to annual audit. A system shall be
established to control the use and replacement of expendable items.
(k) He or she shall have the authority to sign documents in the name of the City as
authorized by the City Council. (Election of 4 -7 -79, 5 -6 -89, 5- 13 -06)
[End of Article V]
13
111911 DIM 170178NIYUiWI11R K1]WWUQORYIWX, 1N04Ix.I
Section 6.01 General Provisions.
(a) Creation of Departments. The City Council may continue, discontinue or
establish City departments, offices or agencies in addition to those created by this Charter and
may prescribe the functions of all departments, offices and agencies.
(b) Direction by City Manager. All departments, offices and agencies under the
direction and supervision of the City Manager shall be administered by an officer appointed by
and subject to the direction and supervision of the City Manager. With the consent of the City
Council, the City Manager may serve as the head of one or more such departments, offices or
agencies or may appoint one person as the head of two or more of them.
Section 6.02 Operational and Personnel Policies.
The City Manager shall be responsible for the preparation of operational and personnel
policies. Personnel policies which affect the budget and employee discipline and/or adverse
actions shall be approved by City Council. The City Council may accept and adopt such policies
as proposed or may adopt them with such amendments as the City Council deems necessary or
may reject them in their entirety and direct the City Manager to further consider the policies and
present new proposals at a subsequent meeting. Operational and administrative policies shall be
approved by the City Manager but shall be provided to City Council for their information.
Section 6.03 City Attorney.
The City Council shall appoint a City Attorney for an indefinite term and fix his or her
compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall
serve as chief legal advisor to the City, including the City Council, and, subject to applicable
rules of the State Bar of Texas, the City Manager, supervisors of City departments and other City
officers and agencies. He or she shall represent the City in all legal proceedings and shall
perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The
City Council may retain an additional attorney or attorneys for the City when the City Attorney
is absent or as other circumstances require.
Section 6.04 Judge of the Municipal Court.
The City Council shall establish a Municipal Court and shall appoint a Judge (and may
appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her
compensation. Sessions of the Municipal Court shall be held at such times as may be determined
by the Judge of the Municipal Court.
When the Judge is absent, disabled or unable to perform his or her duties for any cause,
or his or her office becomes vacant by reason of death, removal or resignation and no deputy
Judge has been appointed, the City Council may appoint a special Judge of said court who shall
14
serve until the Judge of said court returns to his or her duties or a successor is appointed and
qualifies or a deputy Judge is appointed and qualifies.
Section 6.05 Terms of Office of City Attorney and Municipal Judge.
Neither the City Attorney nor the Judge of the Municipal Court shall have any specified
term of office, but each shall serve at the will and pleasure of the City Council. Either of such
officers may be appointed to or relieved from office by a majority vote of the City Council.
Section 6.06 City Secretary.
(a) The City Council shall appoint a City Secretary who shall act as Secretary of the
City Council and who shall hold office at the pleasure of the City Council. The City Secretary
shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances
and other official records of the City Council and the City. The City Secretary shall be the
custodian of the official seal of the City, and shall have such other duties and powers prescribed
in this Charter and by the City Council. The City Council will set the compensation for the City
Secretary. The City Secretary shall report administratively to the City Manager but may be
removed from office only by the City Council.
(b) Upon approval by City Council of the position(s), the City Secretary may hire a
deputy or deputies. The Deputy or Deputies shall report directly to the City Secretary.
[End of Article VI]
15
ARTICLE VII
I W i►` /_1► 4 /I 0 9 OTO01110 N
Section 7.01 Fiscal Year.
The fiscal year of the City shall begin on the first day of October and end on the last day
of the following September.
Section 7.02 Submission of Budget.
The City Manager shall submit to the City Council a budget for the ensuing fiscal year
and an accompanying message not later than fifty days prior to the beginning of each fiscal year.
Section 7.03 Audit.
The City Council shall cause an annual audit to be made of the books and accounts of
each department of the City and shall have an annual financial statement prepared based on the
audit. A complete audit shall be made at the end of each fiscal year, and at such other times as
may be necessary, by an independent Certified Public Accountant who shall be selected by the
City Council. The annual financial statement, including the auditor's opinion, shall be filed with
the City Secretary and shall be available for public inspection. The auditor selected shall not
maintain or keep any of the City accounts or records.
[End of Article VII]
16
ARTICLE VIII
17
10111105 1 iav1r43 0y1.1la01 wproIr41
Section 9.01 City Elections.
(a) The regular City election shall be held annually on the uniform election date in
November, or at such other times as may be authorized or specified by State Law, at which time
officers will be elected to fill those offices which become vacant that year.
(b) The City Council shall fix the place for holding such election.
(c) The City Council may, by ordinance or resolution, order a special election, fix the
date and place for holding same, and provide all means for holding such special election.
Section 9.02 Candidates.
(a) Any person having the qualifications set forth for under Section 4.02 of this
Charter shall have the right to file an application to have his or her name placed on the official
ballot as a candidate for any one elective office.
1. Any such application shall be in writing, signed by such candidate, and filed
with the City Secretary in accordance with the Texas Elections Code and this
Charter.
2. An application filed in accordance herewith shall entitle such applicant a place
on the official ballot.
(b) A candidate of the City Council shall specify the place number or position the
candidate is seeking.
(c) A filing fee of five dollars, or such other amount as may hereafter be set by the
City Council, must be paid to the City Secretary by each candidate upon presentation of his or
her application. The filing fee shall be waived if the candidate states in writing that payment
thereof will constitute a financial hardship.
Section 9.03 Determination of Election Results.
In the event no candidate for an elective office receives a majority of the votes cast for
that place in the general or special election, a run -off election shall be held between the two (2)
candidates who received the greater number of votes. In the event a tie vote makes it impossible
to determine the winning candidate or candidates, resolution of such tie shall be decided as
provided in the Texas Election Code.
Section 9.04 City Council Ballots.
The names of all candidates for office, except such as may have withdrawn, died or
became ineligible, shall be printed on the official ballots in the order of Mayor,
go
Councilmember -Place One, etc., without party designation, and the order of listing the
candidates' names for each such office shall be determined in a drawing of lots conducted by the
City Secretary. Early voting shall be governed by the general election laws of the State.
Section 9.05 Ballots for Ordinances and Charter Amendments.
An ordinance or Charter amendment to be voted on by the City shall be presented for
voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a
clear, concise statement, describing the substance of the measure without argument or prejudice.
Below the ballot title shall appear the following question: "Shall the above described
(ordinance) (amendment) be adopted ?" Immediately below such question shall appear, in the
following order, the words "yes" and "no ". Ballots shall include voting instructions. (Election
of 5- 13 -06)
[End of Article IX]
19
Ilel111I-11 TI anX11NaNa11"aWng11aOcalw11
Section 10.01 General Authority.
(a) Initiative. The qualified voters of the City shall have power to propose ordinances
to the City Council. If the City Council fails to adopt an ordinance so proposed without any
change in substance, the qualified voters shall have the power to adopt or reject it at a City
election, provided that such power shall not extend to the budget or capital program or any
ordinance relating to appropriation of money, levy of taxes or salaries of City officers or
employees.
(b) Referendum. The qualified voters of the City shall have power to require
reconsideration by the City Council of any adopted ordinance. If the City Council fails to repeal
an ordinance so reconsidered, the qualified voters shall have the power to approve or reject it at a
City election, provided that such power shall not extend to the budget or capital program or any
emergency ordinance or ordinance relating to appropriation of money or levy of taxes.
(c) Recall. The qualified voters of the City shall have the power to petition for recall
of the Mayor or any member of the City Council by name and Place.
Section 10.02 Commencement of Proceedings; Petitioners' Committee; Affidavit.
Any five qualified voters may commence initiative, referendum or recall proceedings by
filing with the City Secretary an affidavit stating they will constitute the petitioners' committee
and will circulate the petition and file it in proper form stating their names and addresses and
specifying the address to which all notices to the committee are to be sent and setting out in full
the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit
for recall must distinctly and specifically state the reason or reasons for which the petition for
recall is predicated and include the other requirements set forth in Section 10.06(b). Promptly
after the affidavit of the petitioners' committee is filed, the City Secretary shall issue the
appropriate petition blanks to the petitioners' committee.
Section 10.03 Petitions.
(a) Number of Signatures. Initiative and referendum petitions must be signed by
qualified voters of the City equal in number to at least fifteen (1.5) percent of the number of
voters registered to vote at the last general City election. Recall petitions must be signed by
qualified voters of the City equal in number to at least twenty (20) percent of the number of
voters registered to vote at the last general City election.
(b) Form and Content. All pages of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. For a petition signature to be valid, the petition
must:
(1) contain in addition to the signature:
(A) the signor's printed name; and
20
(B) the signor's
(i) date of birth; or
(ii) voter registration number and the County of voter
registration; and
(C) the signor's residence address (including street address and
County of voter registration); and
(2) comply with any other applicable requirements prescribed by State law.
Petitions shall contain or have attached thereto throughout their circulation the full text of the
proposed ordinance or other subject matter of the petition. A recall petition must distinctly and
specifically state the reason or reasons upon which the petition is predicated.
(c) Affidavit of Circulator. Each page of a petition shall have attached to it when
filed the following notarized affidavit, with all blanks properly completed:
"STATE OF TEXAS §
CITY OF SCHERTZ §
I, , being first
duly sworn, on oath confirm that (i) I am one of the signers of the
above petition, (ii) I personally circulated the foregoing page of
said petition, (iii) there are signatures on such page, (iv) each of
the signatures appearing on such page was signed in my presence
on the day and date it purports to have been signed, (v) the same
are the genuine signatures of the persons whose names they
purport to be, and (vi) each signer had an opportunity to read the
full text of the ordinance or other subject matter of the petition.
Sworn and subscribed to before me, this the day of
, 20 .
Signed and Sealed by a Notary Public in and for State of Texas"
(d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City
Secretary within sixty days after the petitioners' committee files its affidavit.
(e) Filing; Referendum Petitions. Referendum petitions must be filed within sixty
days after adoption by the City Council of the ordinance sought to be reconsidered.
Section 10.04 Procedure After Filing.
(a) Certificate of City Secretary; Amendment. Within twenty days after the petition
is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is
insufficient, the particulars wherein it is defective and shall promptly send a copy of the
certificate to the petitioners' committee by registered mail. A petition certified insufficient for
lack of the required number of valid signatures may be amended once if the petitioners'
committee files a notice of intention to amend it with the City Secretary within two days after
21
receiving the copy of his or her certificate and files a supplementary petition upon additional
papers within ten days after receiving the copy of such certificate. Such supplementary petition
shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five
days after it is filed, the City Secretary shall complete a certificate as to the sufficiency of the
petition as amended and promptly send a copy of such certificate to the petitioners' committee
by registered mail as in the case of an original petition. If a petition or amended petition is
certified insufficient and the petitioners' committee does not elect to amend or request City
Council to review under subsection (b) of this Section within the time required, the City
Secretary shall promptly present his or her certificate to the City Council and the certificate shall
then be a final determination as to the sufficiency of the petition.
(b) City Council Review. If a petition has been certified insufficient and the
petitioners' committee does not file notice of intention to amend it or if an amended petition has
been certified insufficient, the committee may, within two days after receiving the copy of such
certificate, file a request that it be reviewed by the City Council. The City Council shall review
the certificate at its next meeting following the filing of such request and approve or disapprove
it, and the City Council's determination shall then be a final determination as to the sufficiency
of the petition.
(c) Court Review; New Petition. A final determination as to the sufficiency of a
petition shall be subject to court review. A final determination of insufficiency, even if sustained
upon court review, shall not prejudice the filing of a new petition for the same purpose.
Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition complying with all the provisions of Sections 10.03 and
10.04 is filed with the City Secretary the ordinance sought to be reconsidered shall be suspended
from taking effect. Such suspension shall terminate when:
(a) there is a final determination of insufficiency of the petition, or
(b) the petitioner's committee withdraws the petition, or
(c) the City Council repeals the ordinance, or
(d) voters sustain the ordinance in an election.
Section 10.06 Action on Petitions.
(a) Action by City Council on Initiative or Referendum. When an initiative or
referendum petition has been fully determined sufficient, the City Council shall promptly
consider' the proposed initiative ordinance in the manner provided in Article IV or reconsider the
referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative
ordinance without any change in substance within sixty days or fails to repeal the referred
ordinance within thirty days after the date the petition was finally determined sufficient, it shall
submit the proposed or referred ordinance to the voters of the City at a special election.
22
(b) Action by City Council on Petition for Recall. The recall petition must be
addressed to the City Council of the City, must distinctly and specifically point out the ground or
grounds upon which such petition for removal is predicated, and, if there be more than one
ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state
each ground with such certainty as to give the officer sought to be removed notice of the matters
and things with which he or she is charged. The officer whose removal is sought may, within
five days after such recall petition has been presented to the City Council request that a public
hearing be held to permit him or her to present facts pertinent to the charges specified in the
recall petition. In this event, the City Council shall order such public hearing to be held, not less
than five days nor more than fifteen days after receiving such request for a public hearing. If the
officer whose removal is sought does not resign, then it shall become the duty of the City
Council to order a recall election and fix a date for holding such recall election.
(c) Submission to voters. The special election on a proposed or referred ordinance or
petition for recall shall be held on the earliest date permitted by State and federal law after the
date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be
made available at the polls.
Section 10.07 Results of Election.
(a) Initiative. If a majority of the qualified voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the election
results and shall be treated in all respects in the same manner as ordinances of the same kind
adopted by the City Council. If conflicting ordinances are approved at the same election, the one
receiving the greatest number of affnnative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the qualified voters voting on a referred ordinance
vote against it, it shall be considered repealed upon certification of the election results.
(c) Recall. If a majority of the votes cast at a recall election shall be against the recall
of the person named on the ballot, he or she shall continue in office for the remainder of his or
her unexpired term. If a majority of the votes cast at such election shall be for the recall of the
person named on the ballot, he or she shall be deemed removed from office and the vacancy shall
be filled as provided in Section 4.06(c) of this Charter.
Section 10.08 Limitation on Recall.
No Councilmember shall be subject to recall within six months of his or her election to
office nor more than once during one term of office. A recall election need not be ordered by the
City Council against any Councilmember on whom a petition is filed if his or her term of office
is to expire within ninety days after the petition is filed with the City Secretary.
Section 10.09 Ordinances Passed by Petition, Repeal or Amendment.
No ordinance which may have been passed by the City Council upon a petition or
adopted by popular vote under the provisions of this Article may be repealed or amended by the
City Council for a period of three (3) years from the date said ordinance became effective and
then only upon an affirmative vote of two - thirds (2/3s) of the City Council.
23
[End of Article X]
24
25
ARTICLE XII
C!1 011111101 1� :Z�1�/ fy [�]►F.`�
Section 12.01 Personal Financial Interest.
For purposes of this Section term "City Official" means any individual subject to the
requirements of Texas Local Government Code, Chapter 171.
It is hereby prohibited for City Council members or a City Official to violate the rules
and regulations regarding conflicts of interests as set out in the Texas Local Government Code,
Chapter 171.
Section 12.02 Charter Amendment.
Amendments to this Charter may be framed and submitted to the voters of the City by a
charter commission in the manner provided by law, by ordinance passed by a majority vote of
the full membership of the City Council, or by a petition signed by not less than five percent of
the qualified voters of the City. When a charter amendment petition shall have been filed in
conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law,
forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters
of the City. Any ordinance for submitting a charter amendment to the voters shall provide for
submission of such amendments to the voters in accordance with applicable law. Not less than
thirty days prior to such election the City Secretary shall make available at the City Offices a
copy of the proposed amendment or amendments. If a proposed amendment shall be approved
by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed
therein. Each amendment shall be confined to one subject; and, when more than one amendment
shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on
each separately.
Section 12.03 Charter Review Commission.
The City Council shall periodically appoint a Charter Review Commission which shall
consist of no less than S and no more than I I citizens of the City. It shall be the duty of the
Commission to:
(a) Inquire into the operation of the City government under the Charter provisions
and determine whether any such provisions require revision and to this end, public hearings may
be held and the Commission shall have the power to compel the attendance of any officer or
employee of the City to require the submission of any of the City records which it may consider
necessary to the conduct of such hearing.
(b) Make any recommendations it considers desirable to insure compliance with the
provisions of this Charter by the several departments of the City.
(c) Propose amendments to this Charter to improve its effective application to current
conditions.
26
(d) Report its findings and present its proposed amendments, if any, to the City
Council. The City Council shall receive any report submitted by the Charter Review
Commission, may comment on any proposed amendment recommendations made, and, if any
amendment or amendments are presented as a part of such report, shall order such to be
submitted to the voters of the City in the manner provided in Section 12.04.
(e) The term of office of the Charter Review Commission shall be 180 days after the
date of the first meeting, said first meeting to occur within forty -five (45) days of the date of
appointment. If during this term no report is presented to the City Council, then all records of the
proceedings of the Commission shall be filed with the City Manager and the Charter Review
Commission shall be dismissed.
Section 12.04 Separability.
If any provision of this Charter is held invalid, the other provisions of the Charter shall
not be affected thereby. If the application of this Charter or any of its provisions to any person or
circumstances is held invalid, the application of the Charter and its provisions to other persons or
circumstances shall not be affected thereby.
Section 12.05 State Law.
References in this Charter to "State law" shall refer to applicable provisions of State law
in effect from time to time.
Section 12.06 Headings.
Headings and titles of Sections and subsections of this Charter are for convenience only
and shall not affect the meaning of any provisions within such Sections.
Section 12.07 Penalty Clause.
A. Criminal Penalty. Any person who by himself or with others violates any
provision of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and
upon conviction thereof shall be punishable by a fine of not more $500.00. City Council shall
enact an ordinance enforcing this section.
B. Civil Penalty. Upon the affirmative vote of two - thirds of the City Council any
person who by himself or with others violates any provision of this charter shall be, in addition to
any other penalty provided for herein, subject to a civil fine of not more than $500.00.
Section 1.2.08 Disaster Clause.
In the case of a common disaster when a legal quorum of the City Council cannot
otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City
Council, or highest surviving City official, if no elected official remains, shall, within 24 hours
of such disaster, request the highest surviving officers of the Guadalupe County Commissioners
Court to appoint a number of residents of Schertz, qualified to serve as City Council Members,
equal to the number necessary to make a quorum to act during the emergency as the City
27
Council. The newly appointed City Council shall call a City election within 15 days of their
appointment, or as provided in the Texas Election Code, for election of the vacant offices, if for
good reasons it is known a quorum of the present City Council will never again meet. If it is
determined that a quorum of the City Council will meet again, the appointed Council Members
shall serve in their position until such time as the Council Members may begin serving.
[End of Article XII]
ORDINANCE NO. 18 -M -30
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AND
AMENDING CITY COUNCIL RULES OF CONDUCT AND
PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz has previously adopted Rules of
Conduct and Procedure for the conduct of meetings of the City Council 18 -M -09, 18 -M -20; and
WHEREAS, the City Council discussed the following changes at their meeting of August
14,2018; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend, update, and clarify the Rules of Conduct and Procedure as they relate to the appointment
procedures of the Mayor Pro Tem.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF S CHERTZ, TEXAS:
Section 1. That the City Council Rules of Conduct and Procedure are amended as
follows:
Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem.
(a) The Council will discuss, and with a majority vote, appoint the Councilmember to
serve as the Mayor Pro Tem for the City.
(b) The appointed Mayor Pro Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to
the position of Mayor Pro Tem, a Councilmember must be an elected member of
Council and a member in good standing.
(c) Term dates for the Mayor Pro Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
(d) If the Councilmember place that is up for appointment as Mayor Pro Tem is
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro Tem appointment will go to the next qualified
Councilmember.
(e) The position will have a term of office of six (6) months.
CITY OF SCHERTZ
CITY COUNCIL
RULES OF CONDUCT AND PROCEDURE
These Rules of Conduct and Procedure (these "Rules ") are intended to provide an
understandable and workable structure for City Council meetings.
These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate
communication at Council meetings among Councilmembers and between Councilmembers and
City staff and members of the public, and to promote confidence in the citizens that their
government is performing its duties with the highest of ethical standards and with a genuine
interest in the well-being of the community.
There Rules are in all events subject to the City Charter and applicable provisions of State law,
including the Texas Open Meetings Act.
As a part of these Rules, the Council has established the following Code of Conduct for the
Mayor and all Councilmembers:
® Address the merits of the issues — no personal attacks
® Focus on representing the interests of all citizens.
• Attempt to resolve personal conflicts among Councilmembers internally before
speaking publicly.
• Assume positive intentions — don't look for hidden agendas.
® Observe the City's written Rules of Conduct and Procedure.
• When others are speaking, listen with an open mind.
• Recognize that inappropriate public disclosure of confidential information can be
detrimental to the City and its citizens.
® Understand that "majority rules ". Once a vote is taken, if you were in the
minority agree to disagree and move on. Recognize that a majority view, when
expressed in a vote, becomes an expression of City policy.
® Coordinate all requests of the City staff through the City Manager.
9-4 -2018 Revised
TABLE OF CONTENTS
Page
ARTICLE 1.
AUTHORITY
1.1 City Charter ....................................................................................... ............................... 1
1.2 Effective Date; Amendment ............................................................... ............................... 1
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public,-.,.. .............. I ...... I ........... .... ... I ............................................. I ......... I ... 1
2.2 Attendance .......................................................................................... ............................... 1
2.3 Minutes of Meetings ........................................................................... ............................... 1
2.4 Questions to Contain One Subject ...................................................... ............................... 2
2.5 Right to the Floor ................................................................................ ............................... 2
2.6 City Manager .....................
2.7 City Attorney ...................................................................................... ............................... 2
2.8 City Secretary ...................................................................................... ............................... 2
2.9 Officers and Employees ...................................................................... ............................... 2
2.10 Rules of Order ......................................... ............................... ......... ............................... 2
2.11 Suspension of Rules ............................................................................ ............................... 2
2.12 Amendment to Rules ........................................................................... ............................... 2
2.13 Matters Not Addressed by Rules ........................................................ ............................... 2
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings ................................................................................ ............................... 2
3.2 Special Meetings ........................ ................................................ ............................... 2 &3
3.3 Recessed Meetings .............................................................................. ............................... 3
3.4 Adjourned Meetings ............................................................................ ............................... 3
3.5 Closed Sessions ................................................................................... ............................... 3
3.6 Emergency Meetings .......................................................................... ............................... 3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor .................................................................................................. ................... ............. 3
4.2 Call to Order ....................................................................................... ............................... 3
4.3 Preservation of Order .......................................................................... ............................... 3
4.4 Rulings by Presiding Officer .............................................................. ............................... 3
4.5 Questions to be Stated ......................................................................... ............................... 3
4.6 Substitution of Mayor ......................................................................... ............................... 3
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4
5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5
9-4-2018 Revised i
TABLE OF CONTENTS
(continued)
Page
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda ........................................................................................... ............................... 5 &6
6.2 Communication to Mayor and Council ............................................... ............................... 6
6.3 Approval of Minutes ........................................................................... ............................... 6
6.4 Presentations by Members of Council ................................................ ............................... 6
6.5 Consent Agenda ............................................... ............................... ............................... 6
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1
Printed, Typewritten, or Electronic Form ........................................... ............................... 6
7.2
City Manager Review ......................................................................... ............................... 6
7.3
City Attorney to Approve ................................................................... ............................... 7
7.4
Funding ............................................................................................... ............................... 7
7.5
Reading of Caption Only .................................................................... ............................... 7
7.6
Ordinances -Two Readings; Emergencies ........................................ ............................... 7
7.7
Recording of Votes ............................................................................. ............................... 7
7.8
Vote Required ..................................................................................... ............................... 7
7.9
Tie Vote .............................................................................................. ............................... 7
7.10
Numbering Ordinances and Resolutions ............................................ ............................... 7
7.11
Ordinance Passage Procedure ............................................................. ............................... 7
............................... 10
ARTICLE 8
To Postpone or Extend ......................................................................
RULES OF DECORUM
8.1 Recognition by presiding officer ........................................................ ............................... 7
8.2 Order ................................................................................................... ............................... 7
8.3 Presiding Officer ............ ............................... ............................. ............................... 7 &8
8.4 Improper References to be Avoided ................................................... ............................... 8
8.5 Interruptions ........................................................................................ ............................... 8
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1
Motions ............................................................................................... ............................... 8
9.2
Debate .................................................................................................
............................... 8
9.3
Motion Procedures .........................................................................
............................... 8 &9
9.4
Point of Privilege ................................................................................
............................... 9
9.5
Point of Procedure or Order .......................... .....................................................................
9
9.6
To Appeal a Ruling ......................................................................
............................... 9 &10
9.7
To Recess ..........................................................................................
............................... 10
9.8
To Withdraw .....................................................................................
............................... 10
9.9
To Postpone or Extend ......................................................................
.......:....................... 10
9.10
To Refer.. .............................................................................................
.............................10
9.11
To Amend ..................................................................................
............................... 10 &11
9.12
To Limit or Close Debate or "Call the Question' . .............................
............................... 11
9.13
To Count the Vote .............................................................................
............................... 11
9.14
To Take Action or Reconsider an Action; Main Motions
................ ............................... 11
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TABLE OF CONTENTS
(continued)
Page
9.15 To take action or Rescind motion ..................................................... ............................... 11
9.16' To Take Action; Main Motions ................................................. ............................... 11 &12
9.17 Effect of Abstentions .................................................. .............................12
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning .............................................................................................. .............................12
10.2 Removal .............................................................................................. .............................12
10.3 Resisting Removal ............................................................................ ............................... 12
10.4 Motions to Enforce ........................................................................... ............................... 12
10.5 Adjournment ................................................................................. ............................12& 13
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1
Standing Committees ........................................................................ ...............................
13
11.2
Special Committees .......................................................................... ...............................
13
ARTICLE 12.
CITIZENS' RIGHTS
12.1
Addressing the Council ..................................................................... ...............................
13
12.2
Manner of Addressing the Council — Time Limit ............................. ...............................
13
12.3
Personal and Slanderous Remarks ......:............................................. ...............................
13
12.4
Public Hearings ............. ............................... ................................... ..........................13 &14
12.5
Written Communications .................................................................. ...............................
14
12.6
Hearing of Residents ......................................................................... ...............................
14
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1
City Manager to Provide Information ............................................... ...............................
14
13.2
City Manager's Responses to Requests ..................................... ............................... 14&15
13.3
Directions to City Manager ............................................................... ...............................
15
13.4
City Manager's Duty to Inform ........................................................ ...............................
15
13.5
Customer Concerns ........................................................................... ...............................
15
13.6
City Manager /Council Relations ....................................................... ...............................
15
914 -2018 Revised iii
ARTICLE 1.
AUTHORITY
1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by
ordinance, determine its own rules and order of business.
1.2 Effective Date; Amendment, These Rules shall be in effect upon their adoption by the
Council and until such time as they are amended, or new rules are adopted. In the event
of a conflict between these Rules and the Charter, the Charter shall govern over these
Rules. In the event of a conflict between these Rules and State law, State law shall take
precedence.
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public. All meetings of the Council and all meetings of committees
composed of a quorum of the Council shall be open to the public as provided by State
law, except when State law allows closed or Closed sessions for certain limited topics.
2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a
Councilmember from a meeting shall be managed in accordance with 2.2 B.
A. Quorum. Four members of the Council, not including the Mayor, shall constitute a
quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer
shall be counted for purpose of determining the existence of a quorum. If a quorum is
not present, those in attendance will be named, and they may recess to a later time as
permitted by State law or may hear business before them, talking no official action.
B. Absences. In the event a Councilmember is unable to attend a meeting of the
Council, the Councilmember shall notify either the Mayor or the City Secretary as
soon as they become aware that they will be unable to attend. Notification may be
accomplished via e -mail or telephone and must include the reason for the absence.
Absences from meetings of the City Council that are due to occupational or business
demands, personal or family illness or absence from the city shall be approved by the
Council as excused.
The City Secretary shall annotate the Councilmember's absence and the reason
therefore in the minutes of the meeting from which the Councilmember is absent.
Council approval of the subject minutes shall ratify the absence and the reason given
therefore and thus excuse the absence. If a Councilmember raises an objection to the
absence or the reason given therefore at the time the minutes are to be approved, the
matter may be place on a future agenda for debate, discussion and further
consideration.
2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the
City Secretary and shall constitute the official record of the Council. Such minutes, after
being approved by the Council (except any closed or closed session portion), shall be
open to public inspection. The City Secretary shall provide an index showing the action
94-2018 Revised
of the Council in regard to all matters before to it at both regular and special meetings. A
recording or "certified agenda" of each closed or closed session shall be made and
maintained as required by State law.
2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only
one subject, If two or more subjects are involved, any Councilmember may require a
division, if the subjects can be reasonably divided.
2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff
desiring to speak shall be recognized by the Mayor (or the presiding officer in the
Mayor's absence) at an appropriate time and shall confine his/her remarks to the subject
under consideration or to be considered.
2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of
the Council unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in all discussions of the Council but shall
have no vote. The City Manager shall be notified of all special meetings of the Council.
2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by
the Council or as requested by the City Manager, and shall, upon request of the Council
or the City Manager, give an opinion, either written or oral, on questions of law.
2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings
of the Council, unless excused, and shall keep the official minutes.
2.9 Officers and Employees. Any officer or employee of the City, when requested by the
City Manager, shall attend meetings of the Council. If requested to do so by the City
Manager, they shall present information relating to matters before the Council.
2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.
2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State
law may be temporarily suspended by a majority vote of the Councilmembers who are
present. The vote of each person on any such suspension shall be entered in the minutes.
2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly
adopted ordinance.
2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings
not addressed by these Rules, the Charter, or State law shall be determined by the Mayor
(or the presiding officer in the Mayor's absence).
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by
the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as "workshop" sessions.
9-4 -2018 Revised 2
3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or
any three (3) members of the Council. The call for a special meeting shall be filed with
the City Secretary in written form, except that announcement of a special meeting during
any regular meeting at which all members are present shall be sufficient notice of such
special meeting. The call for a special meeting shall specify the day, hour, and place of
the special meeting and shall identify the subject or subjects to be considered.
3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to
a later time, provided that no recess shall be for a longer period than until the next regular
meeting.
3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be
reconvened except by a motion to reconsider prior to any Councilmember's departure
from the Council chamber. See Sections 9.3 and 9.4.
3.5. Closed Sessions. Closed sessions may only be held in accordance with state law.
3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency
meeting may be called as a special meeting as set forth in Section 3.2, however, an
emergency meeting may not be held unless authorized by, and notice is given in
accordance, with State law.
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In
the absence of the Mayor, the Mayor Pro -Tern shall preside. In the absence of both the
Mayor and the Mayor Pro -Tern, the most senior Councilmember (by time of service on
the Council) present shall be the chairperson.
4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in
the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the
Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember
(by time of service on the Council) present.
4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent
personalities from becoming involved during debate or the impugning of members'
motives, and confine Councilmembers in debate to the question under discussion.
4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege,
points of procedure or order, and withdrawals of motions, subject to the right of any
member to appeal to the Council as set forth in Article 9 of these Rules. See Sections
9.3, 9.4, 9.5, 9.6, and 9.8.
4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken on all votes.
4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall
call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor
94-2018 Revised
Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by
time of service on the Council) present to preside, but such substitution shall not continue
beyond adjournment of that meeting.
ARTICLE 5.
APPOINTMENT PROCEDURES
Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem.
(a) The Council will discuss, and with a majority vote, appoint the Councilmember to
serve as the Mayor Pro Tem for the City.
(b) The appointed Mayor Pro Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to
the position of Mayor Pro Tem, a Councilmember must be an elected member of
Council and a member in good standing.
(c) Term dates for the Mayor Pro Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
(d) If the Councilmember place that is up for appointment as Mayor. Pro Tem is
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro Tem appointment will go to the next qualified
Councilmember.
(e) The position will have a term of office of six (6) months.
(f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3)
majority vote of the members of Council at anytime during his or her term.
(g) Council reserves the right to alter this procedure at any time by resolution or rule.
5.1 Appointment Procedure for a Councilmember.
(a) The Council may appoint a Councilmember to a vacant seat as authorized by
Section 4.06 of the City Charter.
(b) The Council will announce and advertise on the City's website and in the City's
newspaper of record that applications are being accepted for a vacant position on
Council.
(c) A due date for applications to be submitted will be set.
(d) Applicants must meet the qualifications for a Councilmember set forth in Section
4.02 of the City Charter.
(e) Applications will be received by the City Secretary's office and distributed to all
Councilmembers.
94-2018 Revised 4
(f) An interview date will be set and posted for a public meeting.
(g) Interviews of prospective candidates will be held in a public forum by a quorum
of Councilmembers.
(h) Councilmembers will discuss, and appoint by majority vote, the new member of
Council at either the same meeting as the interviews or at a subsequent Council
meeting.
(i) The Council is the final judge of whether a candidate is qualified to serve as a
Councilmember as set forth in Section 4.03 of the City Charter.
0) Council reserves the right to alter this procedure at any time by resolution or rule.
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each
meeting of the Council. Items may be placed on the agenda by the City Manager (or in
his absence any Assistant City Manager), the Mayor, or any Councilmember, except that
a Councilmember directing that an item or items be placed on an agenda must do so in
open session, during a properly posted meeting of the Council. Items placed on the
agenda by the City Manager (or in his absence any Assistant City Manager) may be
removed only by the City Manager (or any Assistant City Manager) and he /she may do
so at any time that permits the agenda for the Council meeting to be properly posted by
the City Secretary's Office under the Texas Open Meetings Act. Items placed on an
agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any
time that permits the agenda for the Council meeting to be properly posted by the City
Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a
Councilmember may be removed only by that specific Councilmember, and he /she may
do so at any time that permits the agenda for the Council meeting to be properly posted
by the City Secretary's Office under the Texas Open Meetings Act.
(a) Information Required. Any item to be on the agenda must be provided to the City
Manager pursuant to a procedure established and modified by the City Manager
from time to time. Each item on the agenda must contain sufficient information
so that full disclosure of the item to be addressed is present so as to alert the
Council and the public of the topic to be considered.
(b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all
items for consideration in a format recommended by the City Manager. The name
of the person or persons placing an item on the agenda and the name of any
expected staff presenter shall be stated on the agenda.
(c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish
the Mayor and each Councilmember a. copy of the agenda, including the proposed
ordinances, resolutions, petitions, notices, or other materials as required. Copies
of attachments and background material will generally be provided for the initial
9- 4-2018 Revised 5
presentation only and should be retained by the Mayor and the Councilmembers
until such time as the item is finalized.
(d) Copy Available to Public. A copy of the agenda, with or without attachments as
determined by the City Manager, shall be made available to the public at City
Hall prior to the meeting. Copies of the agenda shall be available to the public at
the meeting.
(e) Order, Exception. The ordinances, resolutions, and other proposed actions shall
be taken up and disposed of by the Council in the order listed in the agenda,
subject to the right of the presiding officer to take up matters in a different order.
(f) Chair Shall Not Entertain Objections. An agenda item properly placed on a future
agenda by a member of Council during open session shall not be subject to
objection by another member.
6.2 Communication to Mayor and Council. The City Manager shall provide the Council with
a copy of each ordinance or resolution and appropriate analysis of items proposed to be
acted upon by the Council at a meeting. These communications shall be delivered to the
Mayor and Councilmembers along with the agenda. This information should also be
retained by the Mayor and Councilmembers until such time as the item is finalized. Staff
members, in making presentations to Council at a meeting of the Council, should
endeavor to restrict their presentations to five (5) minutes, excluding responses to
questions by the Mayor and/or Councilmembers.
6.3 Approval of Minutes. Minutes may be approved without public reading if the City
Secretary has previously furnished the Mayor and each Councilmember with a copy
thereof.
6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor
and each Councilmember may bring before the Council any business that person believes
should be brought up during the "Requests by Mayor and Councilmembers" and
"Announcements by Mayor and Councilmembers" portions of the agenda. These matters
need not be specifically listed on the agenda unless the person desiring to make a
comment knows prior to posting of the agenda that he /she will make such comment. In
response to an unposted comment, there (1) may only be a statement of factual
information in response, (2) a recitation of existing City policy, or (3) discussion
regarding a proposal to place the subject on the agenda for a subsequent meeting.
6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant
City Manager) with respect to items believed to be non - controversial, the City Secretary
shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the
right of the Mayor or any Councilmember to request at the meeting that any one or more
of such items be removed from the Consent Agenda for individual consideration. First
readings of ordinances shall in all events be posted for individual consideration and shall
not be included on the Consent Agenda.
94-2018 Revised 6
ARTICLE
7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be
presented to the Council only in printed, typewritten, or electronic form.
7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager or his designee.
7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form
and legal content by the City Attorney, when requested by the Mayor or the City
Manager.
7.4 Fundin . All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
7.5 Reading of Cqption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting
shall not be finally acted upon until at least the next regular meeting, except that
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all
ordinances and resolutions and shall be entered in the minutes of the Council.
7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise
required by these Rules, the Charter, or State law, shall require the affirmative vote of
four (4) Councilmembers who are present and eligible to vote.
7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive
vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as
presiding officer shall not be restricted to voting only in the event of a tie.
7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance
on second reading or on a single reading as an emergency, the City Secretary shall assign
a number to each ordinance or resolution within the records of the City.
7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the
presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 8.
RULES OF DECORUM
8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the
Council without first being recognized by the presiding officer.
9 -4 -2018 Revised 7
8.2 Order. While the Council is in session, the Councilmembers must preserve the order and
decorum of the meeting, and a Councihnember shall neither, by statement or otherwise,
delay or interrupt the proceedings or the peace of the Council or disturb any other
Councilmember while speaking or refuse to obey the orders of the' presiding officer:
Councilmembers are expected to remain on the dais during a Council meeting unless they
have good cause to vacate.
8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
of such Councilmember acting as the presiding officer. If the presiding officer is
engaged in debate and is, at the insistence of four (4) Council members, abusing the
position of the presiding officer, the presiding officer must relinquish the chair to the
Mayor Pro-Tern, or in his/her absence; to the next most senior Councilmember (by time
of service on the Council) present. The Mayor Pro-Tern or such other member, other
than the Mayor, who is serving as presiding officer may move, second, and debate from
the chair, subject only to such limitations of debate as are the rights and privileges of a
Councilmember by reason of the member acting as the presiding officer.
8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to
Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous
language.
8.5 Interru tp ions. A Councilmember, once recognized, shall not be interrupted by the .Mayor
or another Councilmember when speaking unless it is to raise a point of privilege
(Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to
withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these
Rules. If a Councilmember-, while speaking, is interrupted as set forth herein, the
Councilmember so interrupted should cease speaking until the question is determined.
ARTICLE 9.-
MOTIONS AND S
9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a
motion on the particular subject of discussion or a procedural point as permitted. A
"Second " to the motion, if required, must be made by a Councilmember who did not
make the motion within a reasonable but brief time period. The Mayor may not
"Second" a motion. A motion or a "Second" merely implies that the maker of the motion
and the person who "Seconds" agree that the motion should come before the meeting and
not that he /she necessarily favors the motion. Without a "Second ", if required, the
motion dies.
9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
93 Motion Procedures: There are twelve (12) types of motions in three (3) categories;
Meeting Conduct Motions (4 types), Disposition. Motions (7 types), and Main Motions
9 42018 Revised 8
(1 type) *. When any motion is pending, any motion listed above it on the chart below is
in order; those below it are out of order.
*' Mandatory if seconded; no vote required
Unless a greater vote is required by the Charter or State Law
9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is
a communication from a Councilmember to the presiding officer, drawing urgent
attention to a need for personal accommodation. For example, the point may relate to an
inability to see or hear, a matter of comfort, a matter of requested convenience, or an
Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modem Rules of Order,
ABA Publishing, 2111 Edition.
'* Mandatory if seconded; no vote required
94 -2018 Revised 9
Affirmative
May
Resolved
Vote by 4
Interrupt
Second
by Chair
Council-
2/3
Motion
Speaker
Required
Debatable
Amendable
No Vote
members
Vote
}
A �Vleetm ConductMo iozis � - _ _
1. point of privilege
yes
no
no
no
yes
no
no
2. point of procedure or order
yes
no
no
no
yes
no
no
3. to appeal a ruling
no
yes
yes
no
no
yes
no
4. to recess
no
yes
yes
yes
no
yes
no
B3isposltion Motions _
5, to withdraw
yes
no
no
no
yes
no
no
6, to postpone
no
yes
yes
yes
no
yes
no
7. to refer
uo
yes
yes
yes
no
yes
no
8. to amend
no
yes
yes
yes
no
yes
no
9. to limit or close debate or
no
yes
yes
yes
no
no
yes
"call the question"
10. to extend debate
no
yes
yes
yes
no
yes
no
11. to count the vote
no
yes
no
no
no
no
no
12. to reconsider
yes
yes
if original
no
no
yes
no
motion
was
debatable
B. to rescind
no
yes
yes
yes
no
no
yes
14, to take action
no
yes
yes
yes
no
Yes * **
no
*' Mandatory if seconded; no vote required
Unless a greater vote is required by the Charter or State Law
9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is
a communication from a Councilmember to the presiding officer, drawing urgent
attention to a need for personal accommodation. For example, the point may relate to an
inability to see or hear, a matter of comfort, a matter of requested convenience, or an
Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modem Rules of Order,
ABA Publishing, 2111 Edition.
'* Mandatory if seconded; no vote required
94 -2018 Revised 9
overlooked right of privilege that should have been accorded to the Councilmember(s).
In essence, it is a call to the presiding officer for the purpose of assuring a
Councilmember's convenient and appropriate participation in the meeting. Because of its
urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the
attention of and action by the presiding officer, it cannot be debated or amended, and no
vote is required.
9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a
question addressed to the presiding officer, no seconding is required, and either inquiring
into the manner of conducting business or raising a question about the propriety of a
particular procedure. It is simply an inquiry and is resolved by correction or clarification
by the presiding officer. A point of procedure can interrupt a speaker. Because it is
addressed to the attention of and action by the presiding officer, a second is not required,
and it cannot be debated or amended, and no vote is taken.
9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions
of procedure, except that any ruling by the presiding officer's ruling can be appealed to a
vote of the Council. Whenever a Councilmember questions the appropriateness or
essential fairness of the presiding officer, that member can appeal the ruling to a vote of
the meeting. If, however, a motion is out of order as a matter of law (not a proper subject
of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be
appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a
second is required. The motion is subject to debate (which should be brief) and, by its
nature, is not amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of four (4) Councilmembers is required.
9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business,
usually so that an ancillary matter can be addressed, or simply to provide a needed break.
Unless stated in the motion, the period of recess is decided by the presiding officer. If
necessary, a recess can extend the meeting from one day to another, subject to State law.
The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be
amended, and an affirmative vote of four (4) Councilmembers is required.
9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
essentially a communication to the presiding officer that the maker is withdrawing his/her
proposal. This is the maker's privilege; thus, it does not require a second. Because the
withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because
another Councilmember later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that the
motion is withdrawn, and the meeting should proceed with a new treatment of the issue at
hand —or a new issue.
9.9 To Postpone or Extend. These motions may arise from a need for further information, a
matter of convenience, or for any other reason that will enable the Council to deal with
the issue more effectively during the same meeting or at a later time. Unless otherwise
specifically provided in the motion itself, a postponed or extension motion can be
renewed at a later appropriate time during the meeting or, if properly posted, at a later
meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and
9-4 -2018 Revised 10
it is amendable (particularly as to postponement, timing), and an affirmative vote of four
(4) Councilmembers is required.
9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually
for study leading to a subsequent recommendation. Because it ordinarily disposes the
motion for purposes of the current meeting, a motion to refer is subject to the same rules
that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker,
and a second is required. It is debatable and amendable, and an affirmative vote of -four
(4) Councilmembers is required.
9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under
consideration. When a motion to amend is pending and an amendment to the amendment
is proposed, the presiding officer should focus discussion on the latest amendment,
resolve that question, then proceed to the first amendment before continuing discussion
on the main motion. Votes on amendments are thus in reverse order of the sequence in
which they are proposed. A motion to amend cannot interrupt a speaker. It requires a
second, and it is debatable and amendable. An affirmative vote of four (4)
Councilmembers is required for approval of the amendment. Note that State law may
restrict amendments to proposals that are required to be set forth in the notice of the
meeting.
9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is
discussed rests primarily with discretion of the presiding officer, it is the presiding officer
who carries the burden of ensuring that adequate time and discussion are given to
differing points of view. A motion to limit or close debate is therefore an overruling of
the presiding officer's determination. A motion to close debate is the same as a motion to
"call the question ". Because this motion affects the most fundamental right of any
Councilmember, the right to speak one's views, it is the only procedural motion that
requires an affirmative vote of two- thirds of participants voting.
9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances
where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It
represents the right of a Councilmember to have a vote demonstrated by count. That
count can be directed by the presiding officer either as a showing of hands or a standing
of voting members while the vote is recorded. Upon completion of the count, the
presiding officer announces the result—and final disposition. of the issue voted upon.
This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor
amendable; and, because of the importance of the matter, it should be considered
mandatory; thus, no vote is required.
9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council
for consideration. May be made only at the meeting at which the vote to be reconsidered
was taken. It may be made by any member of City Council. Any City Council member
may second it. It can be made while any other question is pending, even if another
member has the floor. It requires a majority vote to pass. A motion may only be
reconsidered twice. If the reconsideration is moved while another subject is before the
City Council, it cannot interrupt the pending business, but, as soon as the pending
business has been disposed of the motion has the preference over all other main motions
94-2018 Revised 11
and general business of the agenda. In such a case the Mayor does not state the question
on the reconsideration until the immediately pending business is completed.
9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may
only be made when there is nothing else before the City Council and must be made at the
same meeting at which the subject matter of the motion was considered, and it requires a
two- thirds vote of the City Council members. It cannot be made if a motion to reconsider
has been previously made. The motion to rescind can be applied to votes on all main
motions with the following exceptions: votes cannot be rescinded after something has
been done as a result of that vote that the City Council cannot undo; or, where a
resignation has been acted upon, or one has been appointed to, or expelled from, a
committee or office, and was present or was officially notified. In the case of expulsion,
the only way to reverse the action afterwards is to restore the person to the committee or
office, which requires the same preliminary steps and vote as is required for the original
appointment.
9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a
substantive issue being considered by the Council. As such, the motion is an initial call
to take particular action. Although lowest in precedence among all motions, main
motions are clearly the most important: through their content, the business decisions of
the Council are determined. A main motion can be made only when a prior main motion
has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable
and amendable; and an affirmative vote of four (4) Councilmembers is required unless a
greater vote is prescribed by the Charter or State law.
9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required
Abstentions. The following rules shall apply when a Council Member abstains from
voting on an item:
When the Council Member is Legally Obligated to Abstain.
When a Council Member is legally obligated to abstain from voting pursuant to Texas
Local Government Code Chapter 171, a local ordinance or the City Charter then the
Council Member shall leave the dais and exit City Council Chambers until such time as
the debate and vote on the item has been concluded. The City Secretary shall record that
the Council Member left the room and abstained from the vote in the official minutes and
there shall be no other effect.
When the Council Member as no Legal Obligation to Abstain from Voting.
When a Council Member has no legal obligation to abstain from voting then an
abstention shall be recorded in the minutes as an abstention and shall procedurally be
treated as a "no" vote.
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning. All persons other than a recognized speaker shall, at the request of the
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
9-4 -2018 Revised 12
person persists in disturbing the meeting, the presiding officer may order the person to
leave the meeting. The Chief of Police, or such member or members of the Police
Department or other persons as the presiding officer may designate, shall be sergeant -at-
arms of the Council meetings. If the person so requested does not leave the meeting, the
presiding officer may order the sergeant -at -arms to remove such person.
10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
sergeant -at -arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
10.4 Motions to Enforce. Any Council member may move to require the presiding officer to
enforce these Rules and the affirmative vote of a majority of the Councilmembers present
and eligible to vote shall require the presiding officer to do so.
10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups
of persons so as to render the orderly conduct of such meeting unfeasible and when order
cannot be restored by the removal of the individuals who are creating the disturbance, the
meeting may be adjourned and the remaining business considered at the next regular or a
special meeting or, subject to State law, may be recessed to a set time and date.
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees. The Council may create committees, boards and commissions to
assist in the conduct of the operation of the City government with such duties as the
Council may specify not inconsistent with the Charter, the Code of Ordinances, or State
law. Membership and selection of members shall be as determined by the Council if not
specified by the Charter, the Code of Ordinances, or State law. No person may
concurrently serve on more than one Board unless, by virtue of his/her position on the
Council, he /she also holds a position on another Board. Persons related within the second
degree by affinity or consanguinity to the Mayor or any member of the Council shall not
be eligible to serve on a standing committee. No standing committee so appointed shall
have powers other than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter, the Code of Ordinances, or State law.
11.2 Special Committees. The Council may, as the need arises, authorize the appointment of
"ad hod" Council committees. Except where otherwise specifically provided by the
Charter, the Mayor and the City Council shall appoint the members of the special
committees. Any committee so created shall be given a "mission statement" directing its
activities. Any special committee shall cease to exist upon the accomplishment of the
special purpose for which it was created or when abolished by a majority vote of the
Councilmembers present and entitled to vote.
94-2018 Revised 13
ARTICLE 12.
CITIZENS' RIGHTS
12.1 Addressing the Council. Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer.
12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council .
shall speak at the podium into the microphone (or at another designated location), shall
give his/her name and address in an audible tone of voice for the record, and, unless
further time is.granted by the Council, shall, subject to Section 12.4 below, limit his/her
remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a
body, and not to any individual member thereof. No person, other than members of the
Council or City staff (when requested by the presiding officer) and the person having the
floor, shall be permitted to enter into any discussion, either directly or through the
members of the Council, unless requested or approved by the presiding officer. No
questions shall be asked the Councilmembers, except through the presiding officer.
Responses to questions may be limited as required by State law.
12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the Council
or otherwise while in attendance at a Council meeting, may be requested to leave the
meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Council with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section 12.2 above) interested persons may
speak, subject to the Councilmembers' right to appeal the presiding officer's ruling
pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to
the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public
hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a
modified public hearing procedure by the presiding officer; (ii) address to the Council by
any interested person(s); (iii) discussion by the Mayor and Councilmembers, including
requests for information from City staff or any person(s) who addressed the Council; and
(iv) action by the Council, if any is posted on the agenda relating to the hearing.
12.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council by written communication in regard to any matter concerning the
City's business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies to
the Councilmembers.
12.6 Hearing of Residents. There shall be included on the agenda of each City Council
meeting an item labeled "Hearing of Residents": After being recognized by the presiding
officer, members of the public (giving precedence to residents of the City) may address
the Council on items on or not on the agenda at that time, providing they have completed
the "Hearing of Residents" form, unless authorized by the presiding officer. The form
9-4 -2018 Revised 14
shall be made available to persons wishing to address the Council prior to the calling of
the meeting to order and such completed form shall be made available to the presiding
officer prior to the calling of the meeting to order. The persons signed up for "Hearing of
Residents" must speak during the "Hearing of Residents" portion of the meeting.
Councilmembers and members of City staff may not discuss unposted items nor take any
action thereon other than to (1) make a statement of factual information, (2) make a
statement of existing City policy, or (3) discuss placing the item on a future agenda.
Persons speaking shall be subject to the time limits set forth in Section 12.2, unless
otherwise authorized by the presiding officer.
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information. The City Manager is directly responsible for
providing information to all the Councilmembers concerning any inquiries by a specific
Councilmember. If the City Manager or his staff's time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a
timely manner to the Council and Councilmember's requests. When information is
requested, the City Manager will estimate a reasonable time frame for collecting the
requested information.
(a) If the City Manager disagrees with the request, he should say so and explain his
position.
(b) If the City Manager disagrees with individual directives, he should initiate
clarification of the Council's will with regard to the individual
Councilmember's request.
(c) The City Manager may delegate responsibility for the response as necessary and
appropriate, but the City Manager will be responsible for its receipt by the
Council in a timely manner.
(d) The City Manager should maintain a checklist and timetable for requests and
other directives of the Council.
(e) All Councilmembers will be provided the same written information when any
matter under consideration may be of general concern to the Council. There will
be no preferential dissemination of information by the City Manager or his staff.
13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a
consensus of the Councilmembers present will be required to direct the City Manager to
take any action.
13.4 CitesManager's Duty to Inform. The City Manager is responsible for keeping the
Council informed. - The Council should be provided weekly reports outlining progress on
outstanding issues as well as information on new issues and opportunities. Additionally,
94-2018 Revised 15
the Council should be informed of City news prior to release of such information to the
community, newspaper(s), or other governmental entities, etc.
13.5 Customer Concerns.. It is the responsibility of the City Manager to establish procedures
for handling customer concerns in all departments with prompt feedback to citizens and
Councilmembers.
13.6 Ci _ Manager /Council Relations. The City Manager should strive to maintain positive
relations with the Council by following these guidelines:
(a) Work to establish mutual trust with the Council.
(b) Maintain open lines of communication with the Council and keep Council
informed.
(c) Inform all Councilmembers of educational opportunities, recognizing that an
educated Council is in the City's best interest.
(d) Include the Council in City - sponsored employee social events.
(e) Conduct orientation sessions for new Councilmembers, including a tour of City
buildings and introductions to staff.
Amended: August 28, 2018
94-2018 Revised 16
(f) The appointed Mayor Pro Tem. may be removed by Council by a two - thirds (2I3)
majority vote of the members of Council at any time during his or her term.
(g) Council reserves the right to alter this procedure at any time by resolution or rule.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6 It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code,
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law. ,
PASSED ON FIRST READING, the 28' day of August 2018.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 0 day of
September 2018.
Mayor, Michael R. Cpenter
.ATTEST:
1
City Secretary, Brenda Dennis
AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY
COUNCIL CODE OF ETHICS; AMENDING SECTION 3 PROCEDURE
FOR CONDUCTING INQUIRIES REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City 'of Schertz has previously adopted a Code of Ethics;
and
WHEREAS, the City Council through its action taken on August 14, 2018 desires to update the
existing City Council Code of Ethics amending Section 3 Procedure for Conducting Inquiries;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to amend,
update, and clarify the Code of Ethics as they relate to dealing with the Procedure for
Conducting Inquiries.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That the City Council Code of Ethics Section 3 be amended as follows:
The role of leading an inquiry of any Council member for any violation or alleged
violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by
Council, an independent attorney or investigator. If the Mayor is the subject of an
inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if
approved by Council, an independent attorney or investigator will lead the inquiry.
The City Attorney shall not conduct the investigation of any Council member.
All Council members w e a -re net +he sidbjee4 ef a —inquiry have a right to
participate in the inquiry process regarding violations or alleged violations and
their subsequent enforcement.
Any member of the Council who is the subject of an inquiry shall have the ability to
provide a written statement responding to the findings of the inquiry
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the platters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code,
Section 7 This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 28TH day of August 2018
PASSED, APPROVED and ADOPTED ON SECOND READING, the 4th day of
September 2018,
Mayor, Michael R. Carpenter u
I
ATTEST.
c r'� \ ell
City Secretary, Brenda Dennis
Introduction
9- 4-2018 Fugal
The City Council Code of Ethics (the "Codes ") applies only to the members of the City
Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore,
all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council
members, who must follow the content of the Codes as well as the spirit.
It is the policy of the City Council that all of its members, shall abide by federal and state law. It
is also the policy of the City Council that all of its members shall abide by the provisions set
forth in the City Charter and all City ordinances and policies, including the Codes.
Purpose
By adopting these Codes, Council members commit to:
® transparent and accountable governance;
® honest, fair and respectful dealings with fellow Council members, City staff, and the
wider community; and
® working together to deliver the best outcomes for the long -term interests of the City.
These standards, together with the ongoing requirement for Council members to abide by
Council, policies, as they change from time to time, will ensure that public trust and confidence in
the City Council is enhanced.
Limitations
The Codes are intended to support, explain or otherwise clarify the articles set forth in the
City Charter or to exercise the specific right given to the City Council in the City Charter in
Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers.
Nothing in the Codes is intended to contradict or supersede the City Charter or state law.
Procedure
1. Council Member and Board, Committee or Commission Member Interactions
a. City boards, committees and commissions are formed in order to provide
independent recommendations to Council and, in the case of some commissions,
to conduct hearings in order to make determinations, which may or may not be
subject to appeal to the Council.
2. Council Members Serving as Council Liaisons
a. A Council liaison is a Council member who is specifically assigned to be the
liaison between the City Council and a board, committee or commission. The
primary role of the liaison is that of facilitator of communications between the
Page 1
� ifPO R�'ii,V��•
Introduction
9- 4-2018 Fugal
The City Council Code of Ethics (the "Codes ") applies only to the members of the City
Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore,
all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council
members, who must follow the content of the Codes as well as the spirit.
It is the policy of the City Council that all of its members, shall abide by federal and state law. It
is also the policy of the City Council that all of its members shall abide by the provisions set
forth in the City Charter and all City ordinances and policies, including the Codes.
Purpose
By adopting these Codes, Council members commit to:
® transparent and accountable governance;
® honest, fair and respectful dealings with fellow Council members, City staff, and the
wider community; and
® working together to deliver the best outcomes for the long -term interests of the City.
These standards, together with the ongoing requirement for Council members to abide by
Council, policies, as they change from time to time, will ensure that public trust and confidence in
the City Council is enhanced.
Limitations
The Codes are intended to support, explain or otherwise clarify the articles set forth in the
City Charter or to exercise the specific right given to the City Council in the City Charter in
Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers.
Nothing in the Codes is intended to contradict or supersede the City Charter or state law.
Procedure
1. Council Member and Board, Committee or Commission Member Interactions
a. City boards, committees and commissions are formed in order to provide
independent recommendations to Council and, in the case of some commissions,
to conduct hearings in order to make determinations, which may or may not be
subject to appeal to the Council.
2. Council Members Serving as Council Liaisons
a. A Council liaison is a Council member who is specifically assigned to be the
liaison between the City Council and a board, committee or commission. The
primary role of the liaison is that of facilitator of communications between the
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board, committee or commission and the Council. A Council member who is
appointed to sit as a member of a board, committee or commission is not a liaison
for purposes of this policy.
b. A Council liaison shall facilitate communications between the board, committee
or commission and the Council. The liaison should not be an advocate for the
board, committee or commission, give direction to a board, committee or
commission or influence a decision of a board, committee or commission. The
liaison may, however, assist and provide guidance to a board, committee or
commission with their work plans or agendas.
c. A Council Liaison Acts as the;
i. Spokesperson on behalf of the Council when so directed by the Council.
ii. Contact person, if the board, committee or commission (or an individual
board, committee or commission member) wants such a channel of
communication.
iii. Council representative present to identify procedural and structural issues
relating to the effective functioning of the board, committee or
commission for Council.
d. Council Liaison Participation Expectations:
i. Attendance is discretionary with the Council member. Attendance as a
liaison at a board, committee or commission meetings is not required.
ii. Liaisons shall have no vote on the board, committee or commission.
iii. Liaison attendance at board, committee or commission retreats is
discouraged unless attendance is requested by the board, committee or
commission.
iv. Liaisons do not have a right to be in attendance at board, committee or
commission closed sessions and shall abstain from attending such closed
sessions unless invited to attend by the collective board, committee or
commission.
Ethical Conduct Rules
1. Ethical Conduct Rules for all City Council Members
a. During City Council meetings, City Council members shall assist in preserving
order and decorum and shall neither by conversation, or. otherwise delay or
interrupt the proceedings nor refuse to obey the orders of the presiding officer or
the rules of the City Council.
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b. During City Council meetings, a City Council member desiring to speak shall
address the chair and, upon recognition by the presiding officer, shall confine
discussion to the question under debate, avoid discussion of personalities and
indecorous language, and refrain from personal attacks and verbal abuse.
c. During City Council meetings, a City Council member desiring to question the
administrative staff shall address questions to the City Manager, who shall be
entitled either to answer the question(s) or designate a member of City staff. Such
designation may occur at any time, including prior to a City Council meeting.
City Council members shall not berate nor admonish staff members.
d. During City Council meetings, a City Council member, once recognized, shall not
be interrupted while speaking unless called to order by the presiding officer, to
raise a point of order, procedure or privilege, or unless the speaker chooses to
yield to questions from another member. If a City Council member is called to
order while speaking, that member shall cease speaking immediately until the
question of order is determined. If ruled to be in order, the member shall be
permitted to proceed. If ruled to be not in order, the member shall remain silent or
make additional remarks so as to comply with rules of the City Council.
e. During City Council meetings, City Council members shall confine their
questions to the particular matters before the assembly, and in debate, shall
confine their remarks to the issues before the City Council.
f. During City Council meetings, when there is more than one speaker on the same
subject, City Council members will delay their comments until after all speakers
on the subject have been heard.
g. Council members shall clearly state when he /she has been directed by Council to
speak on behalf of the City Council at the meeting of any board, committee or
commission. All other commentary offered before a board, committee or
commission is deemed to be the personal opinion of the Council member.
h. Council members shall not speak on behalf of the Council at any place or time
unless they have been so directed by the body of the City Council. Any
commentary offered at any time, in public or otherwise, is deemed to be the
personal opinion of the City Council member speaking.
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Council members shall not speak to any board, committee or commission member
on any matter that may come before the Council in a manner designed to
influence the member.
j. No Council member shall privately lobby any member outside of the meetings in
an attempt to influence his or her individual vote.
k. Any Council member who has testified on his or her own behalf or as a witness
before a board, committee or commission on any administrative action which then
comes to Council is disqualified from participating as a Council member on the
matter only if there is a legal conflict of interest.
2. Confidentiality of Information Shared in Closed Session
a. Council members should keep all matters discussed in closed session
confidential.
b. Any Council member who is found to have violated State Law with regards to the
conduct of closed sessions shall be deemed to have violated the Codes.
3. Individual Members of Council Providinv Direction or Instruction to the City Manager or
Staff
a. Only the City Council, acting as a body, is permitted to provide direction and
instruction to the City Manager, City Secretary, City Attorney or the City Judge
(or Judges) regarding any matter confronting the City, whether policy - related or
otherwise.
b. No member of Council (specifically including the Mayor, the Mayor Pro -Tem and
the individual Council members) shall, at any time, give individual instruction to,
attempt to define policy for, or make any demand of the City Manager, City
Secretary, City Attorney or the City Judge (or Judges) or any member of staff.
c. No member of Council shall attempt to influence the City Manager, City
Secretary, City Attorney, City Judge (or Judges) or any member of staff to
circumvent City rules, policies or ordinances.
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d. Any member of Council may, of course, at any time, make requests of the City
Manager, City Secretary, City Attorney or the City Judge (or Judges) or any
member of staff for information, assistance, or other help as may be necessary, so
long as no orders, threats, promises, intimidations, or ultimatums, explicit or
implicit, are issued.
e. The single exception to this rule is that in times of emergency lawfully declared
by the Mayor, the Mayor may act independently as to matters of urgent need until
a meeting of the Council, in quorum, can be called.
f. Any member of Council giving individual instruction or making a demand of the
City Manager, City Secretary, City Attorney or the City Judge (or Judges) or
any member of staff, with the exception of times of emergency lawfully
declared by the Mayor, during which time the Mayor may act independently
until a meeting of the Council, in quorum, can be called, shall be deemed to
have violated the Codes.
4. City Council. Media Communication Guidelines
a. Effective media relations best serve the City by providing accountability to the
public and transparency of government, ensuring accurate information is conveyed
to the public, establishing and maintaining an accurate public perception of the
City; informing residents of City programs and services, and promoting the City's
achievements, activities and significant events.
b. Council Members and the Mayor have been elected to represent our community and
are free to speak to the media on any subject. This policy and its included
guidelines are intended to ensure that accurate consistent information is provided to
the media and that City Council's integrity and professional image is preserved.
C. Guidelines:
1. Council Members and the Mayor have the right to express personal opinions on
any issue, but must make it clear that they are speaking for themselves, are not
speaking in an official capacity for the City, and are not speaking on behalf of
City Council, unless the position has been adopted by the City Council;
2. All conversations with a member of the media should be treated as on the
record.
3. Where time permits City Council members and the Mayor should communicate
with the City's Public Information Officer prior to interviews with the media;
otherwise all interviews with a member of the media should be reported to the
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City's Public Information Officer as soon as reasonably possible after the
interview.
4. There are certain highly sensitive issues that may require greater discretion
when speaking to media. These issues include:
i. Legal issues, including liability issues and pending litigation;
ii. Personnel issues, including those surrounding existing and former
employees;
iii. Questions that involve police or fire investigations; or
iv. A community -wide situation or emergency.
It is highly encouraged that City Council members and the Mayor contact the City
Manager for any relevant information prior to commenting on such matters.
1. Violation of the Code of Ethics
a. Council members are expected to abide by the Codes at all times.
b. Any Council member not adhering to the Codes shall be in violation of said
Codes.
2. Violations of Provisions of the City Charter
a. Council members are expected to abide by the articles set forth in the City
Charter.
b. Any Council member who acts in violation of or in a manner inconsistent with the
provisions of the City Charter shall be deemed to have violated the Codes.
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3. Violations of Law or Policy y Council Members
Depending on the circumstances of alleged violations of law or policy, the Council may
initiate an investigation of the allegations prior to the filing of a request for any of the
actions described in this policy.
Nothing in this policy shall preclude individual Council members from making public
statements regarding such alleged conduct.
In deciding whether or not to open an investigation (whether pursuant to these rules or
pursuant to Article N, Section 4.10 of the City Charter), City Council should consider:
a. whether a Council investigation may compromise other investigations regarding
the same alleged actions, and, if the actions may result in criminal charges,
whether the right of the accused Council member to a fair jury trial may be
compromised by proceeding with an investigation;
b. if persons involved in the allegations may choose to exercise their constitutional
right against self - incrimination, which may limit the investigation's ability to
present a full picture of alleged events; and
c. how to ensure the protection of rights of those accused of violations of law or
policy, those making such accusations, and those who have information regarding
the accusations.
At any point during any of the processes described in this policy, the Council may refer
the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney,
the Texas Elections Commission, or to another law enforcement agency, for
investigation. Following such a referral, the Council may proceed with any actions it
chooses to take under the provisions of the City Charter.
Reporting Violations
Any suspected violation or alleged violation by a Council member must be reported to the
Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor
Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a
Council member, the report shall be made to the City Manager, who will then report it to the
Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor
Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing
violations or alleged violations.
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Procedure for Conducting Inquiries
The role of leading an inquiry of any Council member for any violation or alleged violation of
this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent
attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the
next ranking official by seniority and, if approved by Council, an independent attorney or
investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any
Council member.
All Council members have a right to participate in the inquiry process regarding violations or
alleged violations and their subsequent enforcement.
Any member of the Council who is the subject of an inquiry shall have the ability to provide a
written statement responding to the findings of the inquiry.
Enforcement of Violations
The members of City Council have the obligation to govern themselves responsibly in the
enforcement of any violation of this policy. The objective for establishing rules of enforcement
pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use
of enforcement against violations of this policy. As a general matter, enforcement of this policy
may be progressive, but circumstances may indicate that strong actions be taken immediately.
Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make
decisions on a case -by -case basis. City Council, as a collective body, may change the order of
the disciplinary steps listed below, or may choose not to use any step, depending on the
circumstances under review.
City Council members may take any appropriate disciplinary action including, but not limited to:
• Cautioning
• Cautioning is identified as a verbal reprimand due to a violation of the policy. The
cautioning is only a verbal reprimand and shall not be recorded.
• A cautioning shall only be administered in private by the Mayor with only one
(1) member of Council present. If the Mayor is receiving the cautioning, it shall
be administered in private by the Mayor Pro-Tern with only one (1) member of
Council present.
• Correction
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• Correction is identified as a verbal reprimand due to multiple policy violations.
The correction of any Council member, including the Mayor, will not be
administered in writing and shall be conducted in accordance with the Open
Meetings Act.
• A quorum of Council plus one (1), including the corrected Council member, shall
be present during the correction of another Council member.
• The City Attorney shall be notified of the correction before the correction is
administered and the City Attorney shall be present during the administration of
the correction.
® Censure
• The act of placing a Council member under censure is an official and public
reprimand of a City Council member by the body of the City Council for multiple
and/or serious infractions against the City Council Code of Ethics. Therefore,
City Council Members who are placed under censure are considered to be `not in
good standing' with the body of the Council.
• The censure of any Council member, including the Mayor, shall be administered
in writing.
• Censure may last up to sixty (60) days or as appropriately defined by City Council
on a case by case basis.
• At the end of the censure period, the censure has expired and shall not be
extended.
• A Council member placed under censure may return to a good standing status
once their censure period has ended.
• The body of the City Council may determine to end the censure period of a
Council member prior to the conclusion of said period at their discretion,
• All censure hearings shall be conducted in accordance with the Open Meetings
Act.
• Because censures are administered in writing, a censure must be publicly voted on
in open session of City Council. The censure of any Council member must be
passed by a 2/3 supermaj ority vote.
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The following Members of Council have received and agreed to place their
signatures on this adopted document this 4th Day of September 2018.
K. uarpenier, mayor
Mark Davis, City Council Place 1
—
Ang na. K'
iser, City Nuncif Nace 6
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David Scagliola,.,MaYor- Pro -'Tem,
City Council Place 5
f•
1 h Gutie , City Council Place 2
_r-
dwards, r., Ci i Place 4
Bert Crawford, City Council Place 7