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November 3, candidate packetDear 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 Councilmembers of Places 3, 4 and 5 are up for re- election. The term of office for these three positions is three years and is from November 2020 to November 2023. 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 2020 City of Schertz City General Election for City Officials are enclosed/attached, as well as on our website www.schertz.com. I have provided a quick -start guide "First steps for candidates running for a city office" for your use. The first two forms listed (1) and (2) are the documents you need to submit when you file for office. I cannot over emphasize the importance of adhering to the financial reporting procedures. Campaign reports are considered open 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), together with Instruction Guide. 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. 1400 Schertz Parkway chertZ, Texas 78154 210.1 .1000 sch ,ft rCom (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). The Application, the Appointment of a Campaign Treasurer and Code of' Fair Campaign Practices listed forms must be filed in my office no earlier than 8:00 a.m., Monday, July 20, 2020, and no later than 5:00 p.m., Monday, August 17, 2020. 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 /OH), 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 (please also print — sign and bring with you) and Chapter258, Election Code. This form may be signed voluntarily and is not mandatory. 2 (6) A copy of the Texas Ethics Commission 2020 Filing Schedule for Reports due in connection with Elections held on uniform Election Dates. In this schedule, you will find information regarding the November 3, 2020 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 the Texas Ethics Commission's Political Advertising, What You Need to Know. (8) 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. (9) A copy of the Election Calendar for a City's General Election on November 3, 2020. This calendar provides dates for actions that are necessary for the general election of city offices to be held on November 3, 2020. (1.0) One copy of the City Charter (Or obtain off the City Website) (11) City Council Rules of Conduct Procedure. (1.2) City Council Code of Ethics. 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 www.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 3 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: bdennis &schertz.com, or come by my office. My best wishes to you! The Chamber will host "Meet the Candidates Event" on October 9, 2020 at the Schertz Civic Center. Please contact the Chamber for more information at www.thechamber.info. Sincerely, Brenda Dennis Brenda Dennis, TRMC, MMC, CPM City Secretary 4 This quick-start guide for candidates seeking a city office is not intended to provide comprehensive information. For more details, including information on political advertising requirements, fundraising rules, and filing schedules, see the Texas Ethics Commission's (T EC) website at www, ethk;,s, stat�� L,,<. us, city clerk or city secretary, as applicable. IN %airm TWOMM o You are required to file pre-election campaign finance reports using Form CI OH if you have an opponent on the ballot. Find For °r 001 1 and its instructions on our "Local Hers Non-AiddaIl Candida,;(./Clf'fice,�o5der" welapage. o Pre-election reports are due 30 days and 8 days prior to each election. To be timely filed, pre-election reports must be received by the city clerk or city secretary no laterA-hI the du!e *mte. o You can elect to file on the modified reporting schedule by completing the Modified Reporting Declaration on page two of Form Cl-fik. File Foin-in C r)k with the city clerk or city secretary. o If you elect to file on the modified reporting schedule, you do not have to file pre- election campaign finance reports due 30 days and 8 days prior to the election. Exceed $900: If you elect to file on the modified reporting schedule but later exceed $900 in either contributions or expenditures, what reports you will be required to file depends upon when you exceed $900. o If you exceed $900 on or before the 30th day before the election, you are required to file pre-election campaign finance reports due 30 days and 8 days prior to an election using For?T1 C/OH. To be timely filed, pre-election reports must be received by the city clerk or city secretary no later than the due date. Find Form CIOH and its instructions on our "Local H1er',,,,;, fro n,-Juddal Cai-id�dat�.,D/(.,)fticeholder" web page. o If you exceed $900 after the 30th day before the election, you are required to file an Exceeded Modified Reporting Limit report using Form C/OH. To be timely filed, this report must be filed with the city clerk or city secretary within 48 hours of exceeding $900. You must also file the pre-election report due 8 days prior to an election. Find Forrn /OH and its instructions on our "Loca� Her'<,; Non-,JudidaIl Candida,t,(,,,,�/Off�cet,�oldee'webpage. ------------------- Texas Ethics Commission Page 1 of 2 Revised 112212020 an unopposed candidate and are not required to file pre-election campaign finance reports prior to that election. MI M IMI 21 Mi 7 f. All candidates can use the TEC's Filing Application to prepare campaign financz reports (Form UOH). Tou can use the TEC's Hing AppHcabon to prepare a PDF version of your campaign finan(% report (Form C/OH). Select "Local Authority" and follow the steps to set up an account and login to the application. Once you have completed your report, print out a copy, add your treasurer information, get it notarized, and file it with the city clerk or city secretary by the appropriate deadline. Authodfies, forms, instructions, examples on how to disclose contdnbutions and expenditures, 'c political advertising and fundraising guides, and other inf!orma!tion you may find useful • our website at under the "Resources" and "Forms/instructions" main men items. --- — ------- ---- - ------------ Texas Ethics Commission Page 2 of 2 Revised 1&�A 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 Receipt # Amounts 4 CANDIDATE PHONE Date Processed 5 OFFICE Date Imaged HELD (if any) 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 www.ethics.state.tx.us Revised 1/1/2020 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 do not intend to accept more than $900 in political contributions or make more than $900 in political expenditures (excluding filing fee_qp� .n connection with any future election within the election cyclew I understand that if either one of those limits is exceeded, I will be required to file pre-election reports and, if necessary, a runof6m report. Year of election(s) or election cycle to which declaration applies Signature of Candidate k 11111 V WNTMOT 17, N 1-1 T-TIT a M_ ; LTIUM • TEC Filers may send this form to the TEC electronically at treasappoint@ethics.state.tx.us or mail to Texas Ethics Commission P.O. Box 12070 Austin, TX 78711-2070 Non-TEC Filers must Me this form with the local filing authority DO NOT SEND TO TEC For more information about where to file go to: Old Forms provided by Texas Ethics Commission www.ethics.state,tx.us Revised 1/1112020 TEXAS ETHICS COMMISSION APPOINTMENT OF A CAMPAIGN TREASURER 1�07111",us�11 FIT 1►R14a, grew $] � I �I Revised January 15, 2020 Texas Ethics Commission, P.O. Box 12070, Austin, Texas 7871.1. www.ethics.state.tx.us (51.2) 463 -5800 • TDD (800) 735 -2989 Promoting Public Confidence in Government FORM CTA-INSTRUCTION GUIDE TABLE OF CONTENTS GENERALINSTRUCTIONS ..................................................................................................... I DUTIES (}F/\ CANDIDATE OR OFFICEHOLDER ---------------------| QUALIFICATIONS OF CAMPAIGN TREASURER ............................................................... I DUTIES ()F/\ CAMPAIGN TREASURER --------------------------1 REQUIREMENT T(] FILE BEFORE BEGINNING A CAMPAIGN -------------] WHERE T() FILE }\ CAMPAIGN TREASURER APPOINTMENT -------------2 FILING WITH /k DIFFERENT AUTHORITY ------------------------..3 FORMING APOLITICAL COMMITTEE --------------------------..4 CHANGING A CAMPAIGN TREASURER -------------------------..4 AMENDING /\ CAMPAIGN TREASURER APPOINTMENT ---------------..4 REPORTING REQUIREMENT FOR CERTAIN OFFICEHOLDERS ------------.4 TERMINATING /\ CAMPAIGN TREASURER APPOINTMENT -------------..4 FILING/\ FINAL REPORT ....................................................................................................... 5 ELECTRONICFILING .............................................................................................................. 5 GUIDES...................................................................................................................................... 5 SPECIFIC .....___________~~~~~~~~~~~~~~~~~~~5 PAGEl ....................................................................................................................................... 5 Form CTA - Instruction Guide APPOINTMENT OF A CAMPAIGN TREASURER CANDIDATE BY A GENERAL INSTRUCTIONS These instructions are for the APPOINTMENT OF A 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 and for renewing your choice to report under the modified schedule. Note: Candidates for most judicial offices use Form JCTA 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. 1' 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; Texas Ethics Commission Page 1 Revised 1/15/2020 Form CTA - Instruction Guide (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. 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 (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. * Texas Ethics Commission Page 2 Revised 1/15/2020 Form CTA - Instruction Guide • State Board of Education. • A multi- county district judge* or multi- county district attorney. • A single- county district judge.* • 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. Texas Ethics Commission Page 3 Revised 1/15/2020 Form CTA - Instruction Guide 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. C�lIi►C • 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. 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. Texas Ethics Commission Page 4 Revised 1/15/2020 Form CTA - Instruction Guide 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 FORM C /OH - 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 officeholder contributions and make officeholder expenditures. 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). All persons filing campaign finance reports with the Commission are required to file those reports electronically unless the person is entitled to claim an exemption. Please check the Commission's website at http: / /www.ethics.state.tx.us for information about exemptions from the electronic filing requirements. [no 113 All candidates should review the applicable Commission's campaign finance guide. Guides are available on the 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. Texas Ethics Commission Page 5 Revised 1/15/2020 Form CTA - Instruction Guide 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. 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 Texas Ethics Commission Page 6 Revised 1/15/2020 Form CTA - Instruction Guide 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 and candidates for county 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 $900 in political contributions or make more than $900 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 $900 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 $900 maximums apply to each election within the cycle. In other words, you are limited to $900 in contributions and expenditures in connection with the primary, an additional $900 in contributions and expenditures in connection with the general election, and an additional $900 in contributions and expenditures in connection with a runoff. EXCEEDING $900 IN CONTRIBUTIONS OR EXPENDITURES. If you exceed $900 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. Texas Ethics Commission Page 7 Revised 1/15/2020 Form CTA - Instruction Guide If you exceed either of the $900 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 Commission's campaign finance guide that applies to you. Texas Ethics Commission Page 8 Revised 1/15/2020 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 NEW SOUGHT (if known) 9 CAMPAIGN NEW MS MRS 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 1/1/2020 F11 kvi I =1 LI I Q M 1:4 Ll k 6 W-110IL1111111I["T ]Lei §1111 *P11:4404111II ]Lei NJ =WW_AV:_f_A1t 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 of a political parl may NOT choose moded reporting. -- 011 - It, Fl[Wel '_ff1W I FIT ITL I -1-11I 1-11I I U-M ru 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 1 I � 60 Ffi1 I I I 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ii 11 11 1111 1 1111 1 111 1: . . •• •r . . • or mail to Texas Ethics Commission P.O. Box 12070 Austin, TX 78711-2070 Non-1"EC Fliers must file this form with the local filing authority DO NOT SENDTO'FEC For more information about where to file go to: Forms provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2020 TEXAS ETHICS COMMISSION EXTAT ,,,I 11121 NO I 811�� . FORM ACTA- INSTRUCTION GUIDE Revised January 15, 2020 Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711. www.ethics.state,tx.us (512) 463 -5800 • TDD (800) 735 -2989 Promoting Public Confidence in Government 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 BYA 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 f om your previous APPOINTMENT OF A CAMPAIGN TREASURER BYA 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 filer account number, if you file with the Texas Ethics Commission (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. FILER ID #: If you are filing with the 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 "FILER ID #." 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 1/15/2020 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., 111), 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 1/15/2020 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 1/15/2020 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 $900 in political contributions or make more than $900 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 $900 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 $900 maximums apply to each election within the cycle. In other words, you are limited to $900 in contributions and expenditures in connection with the primary, an additional $900 in contributions and expenditures in connection with the general election, and an additional $900 in contributions and expenditures in connection with a runoff. Exceeding $900 in contributions or expenditures. If you exceed $900 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 $900 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. Texas Ethics Commission Page 4 Revised 1/15/2020 Form ACTA— Instruction Guide For more information, see the Commission's campaign finance guide that applies to you. Texas Ethics Commission Page 5 Revised 1/15/2020 CANDIDATE / OFFICEHOLDER FORM C/OH CAMPAIGN FINANCE REPORT COVER SHEET PG 1 1 Filer ID (Ethics Commission Filers) 2 Total pages filed: The C/OH 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 I PO BOX; APT 1 SUITE CITY; STATE; ZIP CODE 4 CANDIDATE/ OFFICEHOLDER MAILING ADDRESS ❑ Change of Address AREA CODE PHONE NUMBER EXTENSION 5 CANDIDATE/ OFFICEHOLDER Date Hand-delivered or Date Postmarked PHONE 6 CAMPAIGN MS / MRS / MR FIRST MI Receipt # Amount �a 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 January 15 F-1 30th day before election El Runoff 15th day after campaign treasurer appointment (Officeholder Only) D July 15 F-1 8th day before election ❑ Exceeded Modified F__1 Final Report (Attach C/OH - FR) Reporting Limit 10 PERIOD Month Day Year Month Day Year COVERED THROUGH 11 ELECTION ELECTION DATE ELECTION TYPE F-1 Primary F-1 Runoff ❑ Other Month Day Year Description F-1 General � 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 1/1/2020 CANDIDATE 1 OFFICEHOLDER FORM C/OH SHEET CAMPAIGN FINANCE REPORT COVER 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 BEEN MADE WITHOUT THE CANDIDATES 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 UNITEMIZED POLITICAL CONTRIBUTIONS (OTHER THAN TOTALS PLEDGES, LOANS, OR GUARANTEES OF LOANS, OR CONTRIBUTIONS MADE ELECTRONICALLY) 2. TOTAL POLITICAL CONTRIBUTIONS (OTHER THAN PLEDGES, LOANS, OR GUARANTEES OF LOANS) TOTALS EXPENDITURE 3. TOTAL UNITEMIZED POLITICAL EXPENDITURE. 4. TOTAL POLITICAL EXPENDITURES BALANCE CONTRIBUTION 5. TOTAL POLITICAL CONTRIBUTIONS MAINTAINED AS OF THE LAST DAY OF REPORTING PERIOD OUTSTANDING 6. 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 1/1/2020 COVER SHEET PG 3 19 FILER NAME 20 Filer ID (Ethics Commission Filers) 21 SCHEDULE SUBTOTALS NAME OF SCHEDULE SUBTOTAL AMOUNT 1 11 SCHEDULEAl: MONETARY POLITICAL CONTRIBUTIONS $ 2. SCHEDULEA2: 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: INTEREST, CREDITS, GAINS, REFUNDS, AND CONTRIBUTIONS RETURNED TO FILER $ Forms provided hy Texas Ethics Commission wvmwethics.o��.tx.us Revised 1/1/2020 MONETARY POLITICAL CONTRIBUTIONS SCHEDULE Al The Instruction Guide explains how to complete this form. 1 Total pages Schedule Al: 2 FILER NAME 3 Filer ID (Ethics Commission Filers) 4 Date 5 Full name of contributor .................................. 6 Contributor address; ❑ out-of-state PAC (]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 (ID#: 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 (ID#: City; State; Zip Code Amount of contribution Principal occupation / Job title (See Instructions) Employer (See Instructions) Date Full name of contributor Contributor address; F-1 out-of-state PAC (ID#: City; State; Zip Code Amount of contribution Principal occupation / Job title (See Instructions) Employer (See Instructions) ATTACH ADDITIONAL COPIES OF THIS SCHEDULEAS 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 1/1/2020 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 (]D#: 8 Amount of 9 In-kind contribution Contribution $ description 7 Contributor address; City; State; Zip Code ❑ 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#: Amount of In-kind contribution Contribution $ description Contributor address; City; State; Zip Code E]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) 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 1/1/2020 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) 4 TOTAL OF UNITEMIZED PLEDGES $ 5 Date 6 Full name of pledgor ❑ out-of-state PAC (ID#: 8 Amount 9 In-kind contribution of Pledge $ description 7 Pledgor address; City; State; Zip Code F-1 Check if travel outside of Texas, Complete Schedule T 10 Principal occupation I Job title (See Instructions) 11 Employer (See Instructions) Date Full name of pledgor F-1 out-of-state PAC ([D#: Amount In-kind contribution of Pledge $ description ............I .................. Pledgor address; City; State; Zip Code 1:1 Check 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 ([D#: Amount of In-kind contribution Pledge $ description Pledgor address; City; State; Zip Code E]Check if travel outside of Texas. Complete Schedule T Principal occupation / Job title (See Instructions) Employer (See Instructions) Date Full name of pledgor out-of-state PAC (to#: Amount of In-kind contribution Pledge $ description ............. Pledgor address; City; State; Zip Code [::]Check if travel outside of Texas, Complete Schedule T 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 1/1/2020 LOANS SCHEDULE E Date of loan 1 Total pages Schedule E: The Instruction Guide explains how to complete this form. Is lender 2 FILER NAME 3 Filer ID (Ethics Commission Filers) 5 Date of loan 7 Name of lender out-of-state PAC (1[)#� 8 Lender address; City; State; Zip Code 9 Loan Amount 6 Is lender 10 1 me rest rate a financial Principal occupation / Job title (See Instructions) Employer (See Instructions) Description of Collateral 11 Maturity date Check if personal funds were deposited into political El E] none account (See Instructions) GUARANTOR 12 Principal occupation / Job title (See Instructions) 13 Employer (See Instructions) 14 Description of Collateral 15 Check if personal funds were deposited into political El none account (See Instructions) 16 GUARANTOR 17 Nameofguarantor 19 Amount Guaranteed($) INFORMATION 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. 18 Guarantor address; City; State; Zip Code 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 Interestrate a financial Maturity date Principal occupation / Job title (See Instructions) Employer (See Instructions) Description of Collateral Check if personal funds were deposited into political El E] none account (See Instructions) GUARANTOR Name of guarantor Amount Guaranteed INFORMATION Guarantor address; City; State; Zip Code F-1 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 uy Texas Ethics Commission wvmwemms.o��.tx.uo Revised 1/1/2020 POLITICAL EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS SCHEDULE F1 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/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 F1: 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 Categories listed at the top of this schedule) (b) Description PURPOSE OF EXPENDITURE (C) Check if travel outside of Texas, Complete Schedule I 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 Payee name Amount Payee address; City; State; Zip Code Category (See Categories listed at the top of this schedule) Description PURPOSE OF EXPENDITURE Check iftravel outside of Texas. Complete Schedule T. F-1 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 Category (See Categories listed at the top of this schedule) Description PURPOSE OF EXPENDITURE ElCheck if travel outside ofTexas. Complete Schedule T El Check if Austin, TX, officeholder living expense 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 hy Texas Ethics Commission wvmwethics.o��.tx.uo Revised 1/1/2020 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 Gift/Awards/Memorials Expense Printing Expense Travel Out Of District Candidate/Officeholder/PoliticaI Committee Legal Services SalariesNVages/Contract Labor Other (enter a category not listed above) The Instruction Guide explains how to complete this form. I Total pages Schedule 172: 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 El Political Non-Political EXPENDITURE 10 (a) Category (See Categories listed at the top of this schedule) (b) Description PURPOSE OF EXPENDITURE (C) F—] Check if travel outside of Texas. Complete Schedule T F-1 Check if Austin, TX, officeholder living expense 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 Political Non-Political Category (See Categories listed at the top of this schedule) Description PURPOSE OF EXPENDITURE Check if travel outside of Texas. Complete Schedule T. E] Check if Austin, TX, officeholder living expense Complete ONLY if direct Candidate / Officeholder name Office sought Office held expenditure to benefit C/011 ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED Forms provided hy Texas Ethics Commission wvmwethics.o��.tx.uo Revised 1/1/2820 EXPENDITURES MADE BY CREDIT CARD SCHEDULE F4 EXPENDITURE CATEGORIES FOR BOX 10(a) Payee address; 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. EXPENDITURE 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 F-1 Political F-1 Non-Political EXPENDITURE 10 (a) Category (See Categories listed at the top of this schedule) (b) Description PURPOSE OF EXPENDITURE (c) ❑ Check if travel outside of Texas. Complete Schedule T El Check if Austin, TX, officeholder living expense 11 Candidate / Officeholder name Office sought Office held Complete ONLY if direct expenditure to benefit C/OH Date Payee name Amount Payee address; City; State; Zip Code TYPE OF EXPENDITURE F-1 Political Non-Political Category (See Categories listed at the top of this schedule) Description PURPOSE OF EXPENDITURE Check if travel outside of Texas. Complete Schedule T El Check if Austin, TX, officeholder living expense Complete ONLY if direct expenditure to benefit C/OH Candidate / Officeholder name Office sought Office held Forms provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2020 POLITICAL EXPENDITURES SCHEDULE G MADE FROM PERSONAL FUNDS 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/OffiGeholder/Political Committee Legal Services Salanes/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; Zip Code Reimbursement from F-1 political contributions intended 8 (a) Category (See Categories listed at the top of this schedule) (b) D scription PURPOSE OF EXPENDITURE (c) Check if travel outside of Texas, Complete Schedule T El Check if Austin, TX, officeholder living expense 9 Candidate / Officeholder name Office sought Office held Complete ONLY if direct expenditure to benefit C/OH Date Payee name Amount Payee address; City; State; Zip Code Reimbursement from El political contributions intended Category (See Categories listed at the top of this schedule) Description PURPOSE OF EXPENDITURE Check if travel outside of Texas. Complete Schedule T. Check if Austin, TX, officeholder living expense Candidate / Officeholder name Office sought Office held Complete ONLY if direct expenditure to benefit C/OH Date Payee name Amount Payee address; City; State; Zip Code Reimbursement from F-1 political contributions intended Category (See Categories listed at the top of this schedule) Description PURPOSE OF EXPENDITURE Check if travel outside of Texas. Complete Schedule I Check ifAustin, TX, officeholder living expense Candidate / Officeholder name Office sought Office held Complete ONLY if direct expenditure to benefit C/OH ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED Forms provided hy Texas Ethics Commission wvmwethics.o��.tx.us Revised 1/1/2820 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/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. I 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 OF EXPENDITURE (C) Check if travel outside ofTexas. Complete Schedule T 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 OF EXPENDITURE ElCheck if travel outside ofTexas. Complete Schedule T Check ifAustin, TX, officeholder living expense Complete ONLY if direct Candidate / Officeholder name Office sought Office held expenditure to benefit C/Old Date Business name Amount Business address; City; State; Zip Code Category (See Categories listed at the top of this schedule) Description PURPOSE OF EXPENDITURE ElCheck if travel outside ofTexas. Complete Schedule T Check if Austin, TX, officeholder living expense Complete ONLY if direct Candidate / Officeholder name Office sought Office held expenditure to benefit C/Old ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED Forms provided by Texas Ethics Commission wvmwethics.state.u.uo Revised 1/1/2820 NON-POLITICAL EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS SCHEDULEI The Instruction Guide explains how to complete this form. I 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 hy Texas Ethics Commission wvmwethics.o��.tx.uo Revised 1/1/2820 INTEREST, CREDITS, GAINS, REFUNDS, AND CONTRIBUTIONS RETURNED TO FILER SCHEDULE The Instruction Guide explains how to complete this form. I 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 D Check if political contribution returned to filer ATTACH ADDITIONAL COPIES OF THIS SCHEDULEAS NEEDED Forms provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2020 IN-KIND I I ONS OR POLITICAL EXPENDITURES FOR TRAVEL OUTSIDE TEXAS SC L 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 / Pledgor / Payee 5 Contribution / Expenditure reported on: ❑ Schedule A2 ❑ Schedule B ❑ Schedule B(J) ❑ Schedule C2 ❑ Schedule D ❑ Schedule F1 ❑ Schedule F2 ❑ Schedule F4 ❑ Schedule G ❑ Schedule H ❑ Schedule COWLIC ❑ Schedule B -SS 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: ❑ Schedule A2 ❑ Schedule B ❑ Schedule B(J) ❑ Schedule C2 ❑ Schedule D ❑ Schedule F1 ❑ Schedule F2 ❑ Schedule F4 ❑ Schedule G ❑ Schedule 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 Purpose of travel (including name of conference, seminar, or other event) Name of Contributor / Corporation or Labor Organization / Pledgor / Payee Contribution / Expenditure reported on: ❑ Schedule A2 ❑ Schedule B ❑ Schedule B(J) ❑ Schedule C2 ❑ Schedule D ❑ Schedule F1 ❑ Schedule F2 ❑ Schedule F4 ❑ Schedule G ❑ Schedule 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 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 www.ethics.state.tx,us Revised 1/1/2020 CANDIDATE /OFFICEHOLDER REPORT: DESIG 1 o/OHmxME i 2 Filer ID (em/w Commission mmn) |do not expect any further political contributions or political expenditures in connection with mycandidacy. | understand that designat- ing a report asa final 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. 03111604 ME 4 FILER WHO IS NOT AN OFFICEHOLDER .. Complete A & B below only if you are not an officeholder. | have unexpended contributions m unexpended interest or income earned from political contributions. | understand that | may not convert unexpended mditioe| contributions orunexpended interest or income oomud on political contributions to personal use. | also understand that | must file an annual report ofunexpended contributions and that | may not retain unexpencled contributions or unexpended interest or income earned on political contributions longer than six years after filing this final report. Further, ! understand that | must dispose ofunexpended political contributions and unexpended 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. [_] |do retain assets purchased with political contributions or interest or other income from political contributions. |und*rstand that ! may not convert assets purchased with political contributions or interest or other income from political contributions m personal use. | also understand that | must dispose of assets purchased with pn|idom| contributions in accordance with the requirements of Election Code, § 254.204. 5 OFFICEHOLDER .. Complete this section only if you are an officeholder [� |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 unexpended contributions if, after filing the last required report saan officeholder, I retain political contributions, interest or other income from political contributions, or assets purchased with politi- cal Forms provided uy Texas Ethics Commission wvmwemms.o��.tx.vo Revised 1/1/2020 El __ CAMPAIGN FINANCE REPORT FORM C /OH - INSTRUCTION GUIDE To Report Activity Occurring on or after January 1, 2020 Revised January 13, 2020 Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711 www.ethics.state.tx.us (512) 463 -5800 • TDD (800) 735 -2989 Promoting Public Confidence in Government FORM C /OH - 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 C /OH includes a three page cover sheet and Schedules A1, A2, B, E, F1, F2, F3, F4, G, H, I, K, and T. Candidates or officeholders filing a Final Report should also attach Form C10H - -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 ....................................................................... ..............................1 IMPORTANT UPDATES ........................................................................... ............................... 1 ELECTRONIC FILING ............................................................................... ............................... 1 FILLING OUT THE FORMS ..................................................................... ............................... 2 TEXAS ETHICS COMMISSION GUIDES ............................................... ............................... 2 PHOTOCOPIESOF FORMS ...................................................................... ............................... 2 FILINGDATE ............................................................................................. ............................... 2 FORM C /OH: CANDIDATE /OFFICEHOLDER CAMPAIGN FINANCE REPORT......... 4 GENERAL INFORMATION ...................................................................... ............................... 4 COMPLETINGTHE COVER SHEET ....................................................... ............................... 6 PAGE1 .................................................................................................... ............................... 6 PAGE2 .................................................................................................. ............................... 11 PAGE3 .................................................................................................. ............................... 14 SCHEDULE Al: MONETARY POLITICAL CONTRIBUTIONS ........ ............................... 17 SCHEDULE A2: NON - MONETARY (IN -KIND) POLITICAL CONTRIBUTIONS .......... 19 SCHEDULE B: PLEDGED CONTRIBUTIONS .................................... ............................... 21 SCHEDULEE: LOANS ........................................................................... ............................... 24 SCHEDULE FI: POLITICAL EXPENDITURES FROM POLITICAL CONTRIBUTIONS27 SCHEDULE F2: UNPAID INCURRED OBLIGATIONS ...................... ............................... 30 SCHEDULE F3: PURCHASE OF INVESTMENTS FROM POLITICAL CONTRIBUTIONS................................................................................... ............................... 32 SCHEDULE F4: EXPENDITURES MADE BY CREDIT CARD .......... ............................... 33 SCHEDULE G: POLITICAL EXPENDITURES MADE FROM PERSONAL FUNDS ...... 36 SCHEDULE H: PAYMENT FROM POLITICAL CONTRIBUTIONS TO A BUSINESS OF C/ OH .......................................................................................................... ............................... 38 SCHEDULE I: NON - POLITICAL EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS................................................................................... ............................... 39 SCHEDULE K: INTEREST, CREDITS, GAINS, REFUNDS, AND CONTRIBUTIONS RETURNED TO FILER ............................................................................ ............................... 40 SCHEDULE T: IN -KIND CONTRIBUTIONS OR POLITICAL EXPENDITURES FOR TRAVEL OUTSIDE OF TEXAS .............................................................. ............................... 41 FORM C /OH -FR: DESIGNATION OF FINAL REPORT .................... ............................... 42 GENERAL INFORMATION .................................................................... ............................... 42 COMPLETING THE FORM ..................................................................... ............................... 43 ADDITIONAL INFORMATION REGARDING EXPENDITURES ..... ............................... 44 EXAMPLES: REPORTING EXPENDITURES MADE BY CREDIT CARD ...................... 44 EXAMPLES: PURPOSE OF EXPENDITURES ...................................... ............................... 47 EXAMPLES: REPORTING EXPENDITURES FROM PERSONAL FUNDS ...................... 50 EXAMPLES: REPORTING STAFF REIMBURSEMENT ...................... ............................... 52 Form C /OH — Instruction Guide GENERAL INSTRUCTIONS These general instructions apply to all C /OHforms required to be filed under title 15, Texas Election Code, for activity that occurs on or after January 1, 2020. For a report that includes activity occurring before January 1, 2020, you must use the instructions applicable before calendar year 2020, which are available on the Texas Ethics Commission's website at https; llwtivw ,ethics,state,tx,usl�ornaslcoh /cola .��. IMPORTANT UPDATES Increased Disclosure Thresholds Starting January 1, 2020, new itemization thresholds apply to all campaign finance reports. These changes mean that the dollar thresholds for itemizing contributions, expenditures, and other activities in a report are now higher. For example, the requirement to itemize a political contribution has increased from $50 to $90, and only political contributions that exceed $90 must be itemized when accepted on or after January 1, 2020. The higher itemization thresholds have been updated on the paper forms and in these instructions. For a full list of the changes, please go to new Texas Ethics Commission Rules § 18.31 on our website: https:l /wwwaetics,state.txous/ rules /adopted /20162020 /adopted Mar 2019.php. These changes only apply to activity that occurs on or after January 1, 2020. For activity occurring before that date, you must use the form applicable to that time period. For example, if you are filing a semiannual campaign finance report that is due on January 15, 2020, you must use the campaign finance report form that is applicable to the period ending December 31, 2019 (the last date covered by that semiannual report). These changes are made by a new rule, 18.3 1, adopted by the Texas Ethics Commission (Commission) on March 22, 2019. As directed by section 571.064 of the Texas Election Code, the Commission is required to annually adjust these thresholds upward to the nearest multiple of $10 in accordance with the percentage increase for the previous year in the Consumer Price Index for Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor. Accordingly, one or more thresholds will generally be adjusted each year, depending upon the figures in the index. Contributions Made Electronically Must Be Itemized Beginning on September 1, 2019, all political contributions that are made electronically and accepted by a filer during the reporting period must be itemized in the filer's campaign finance report. This change is made by House Bill 2586, adopted by the 86th Texas Legislature. 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.ethicv.state.tx.us for information about exemptions from the electronic filing requirement. Texas Ethics Commission Page I Revised 1/13/2020 Form C /OH — Instruction Guide 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, and you are eligible to claim an exemption to electronic filing, you may use your own computer- generated form if it provides for disclosure of all the information required on the Commission's form and it is substantially identical in paper size, color, layout, and format. A substitute form that is substantially identical to the Commission's prescribed form must 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. PHOTOCOPIES OF FORMS 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. 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. Texas Ethics Commission Page 2 Revised 1/13/2020 Form C /OH — Instruction Guide 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 3 Revised 1/13/2020 Form C /OH — Instruction Guide i' M C/OH: CANDIDATE/OFFICEHOLD PO. 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 /OH. GENERAL INFORMATION 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 Modified Reporting 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. 0]9111[01 10 Eel 9 13 NtVATO I&VAIM 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. DUTIES OF CAMPAIGN TREASURER 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. Texas Ethics Commission Page 4 Revised 1/13/2020 Form C /OH — Instruction Guide 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 $900 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). Texas Ethics Commission Page 5 Revised 1/13/2020 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 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 $900 in contributions or expenditures during the reporting period. Texas Ethics Commission Page 6 Revised 1/13/2020 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 $900 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 "30th Day Before Election Report" above for the definition of an opposed candidate. Texas Ethics Commission Page 7 Revised 1/13/2020 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 Modified Reporting Limit Report: Candidates who chose to file under the modified reporting schedule but then, after the 30th day before the election, exceeded $900 in contributions or $900 in expenditures in connection with the election must file this Exceeded Modified Reporting Limit report within 48 hours after exceeding the $900 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 $900 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. Texas Ethics Commission Page 8 Revised 1/13/2020 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. Texas Ethics Commission Page 9 Revised 1/13/2020 Form C /OH — Instruction Guide 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 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 Modified Reporting 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 $900 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 officeholder 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 Field 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. Texas Ethics Commission Page 10 Revised 1/13/2020 Form C /OH — Instruction Guide Election Type: Check the box next to the type of election that most accurately describes the election for which this report is filed. 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. 15. 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. Texas Ethics Commission Page 11 Revised 1/13/2020 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 Unitemized Political Contributions: Enter the total of all unitemized contributions (other than pledges, loans, guarantees of loans, or contributions made electronically) of $90 or less. Do not include any contributions itemized on Schedules Al or A2 or any contribution made electronically. Enter a "0" if you did not receive any unitemized contributions during the period covered. On Schedules Al and A2, you are required to itemize political contributions that totaled more than $90 from one person and any political contribution that is made electronically. You also may itemize contributions of $90 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 Unitemized Political Expenditures: Enter the total of all unitemized political expenditures of $180 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 $180 to one payee. You also had the option of itemizing expenditures totaling $1.80 or less to one payee. Do not include any expenditures itemized on Schedule F1 in the total entered on line 3, regardless of amount. Texas Ethics Commission Page 12 Revised 1/13/2020 Form C /OH — Instruction Guide On Schedule F2, you were required to itemize incurred but not yet paid political expenditures that totaled more than $180 to one payee. You also had the option of itemizing incurred political expenditures totaling $180 or less to one payee. Do not 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 $180 to one payee. You also had the option of itemizing political expenditures totaling $180 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 F1; (b) the total political expenditures itemized on Schedule F2; (c) the total political expenditures itemized on Schedule 174; (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. Texas Ethics Commission Page 13 Revised 1/13/2020 Form C /OH — Instruction Guide 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. 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(e) 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 1.9. 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. Texas Ethics Commission Page 14 Revised 1/13/2020 Form C /OH — Instruction Guide 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" 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 1.0- 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. Texas Ethics Commission Page 15 Revised 1/13/2020 Form C /OH — Instruction Guide Line 11- Schedule I: Enter the total amount of non - political expenditures from political contributions itemized on Schedule T. Enter a "0" if you did not make any non- political expenditures from political contributions during the period covered. 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. Texas Ethics Commission Page 16 Revised 1/13/2020 Form C /OH — Instruction Guide These instructions are for candidates and officeholders using SCHEDULE Al: 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 $90 from one person, and any monetary contribution made electronically, during a reporting period on this schedule. If you accepted two or more contributions from the same person, the total of which exceeds $90, enter each contribution separately. Although you are not required to do so, you may also report contributions from one person that do not exceed $90 in the period on this schedule. If you do not itemize contributions of $90 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 At: After you have completed Schedule Al, 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 $900 in the reporting period (including pledges or loans from sources Texas Ethics Commission Page 17 Revised 1/13/2020 Form C /OH — Instruction Guide 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 $180 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 $900 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 $900 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 $900 or more during the reporting period. In other circumstances, filers are not required to report this information but may do so. Texas Ethics Commission Page 18 Revised 1/13/2020 Form C /OH — Instruction Guide 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 $90 from one person, and any non - monetary contribution made electronically, 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 $90, enter each contribution separately. Although you are not required to do so, you may also report contributions from one person that do not exceed $90 in the period on this schedule. If you do not itemize contributions of $90 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 $90 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 $90 or less on this schedule, do not include it in this total. All contributions made electronically must be itemized. 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. Texas Ethics Commission Page 19 Revised 1/13/2020 Form C /OH — Instruction Guide 8. AMOUNT OF CONTRIBUTION: Enter the fair market value of the in -kind contribution. 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. Texas Ethics Commission Page 20 Revised 1/13/2020 Form C /OH — Instruction Guide 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 $90 in the aggregate from one person during the reporting period. If you received pledges totaling more than $90 from one person during the reporting period, you must itemize all of those pledges, even if individual pledges were for $90 or less. Although you are not required to do so, you may also itemize pledges for $90 or less from one person. You must also disclose the receipt of the pledged contribution on Schedule AI (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 $90 in the aggregate per person. Although . you are not required to do so, you may also itemize pledges of $90 or less on this schedule. If you itemize some pledges of $90 or less, do not include those pledges in the total entered here. If you choose to itemize all pledges of $90 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. Texas Ethics Commission Page 21 Revised 1/13/2020 Form C /OH — Instruction Guide 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 Al; 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 Al; 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 Al, 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. Texas Ethics Commission Page 22 Revised 1/13/2020 Form C /OH — Instruction Guide 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 CI-4 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. Texas Ethics Commission Page 23 Revised 1/13/2020 Form C /OH — Instruction Guide SCHEDULE E: LOANS These instructions are for 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 F1. 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 F1. The reimbursement may not exceed the amount disclosed as a loan. Itemization: You must itemize loans (including loans from personal funds) that exceed $90 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 $90, itemize each loan separately. You must also itemize loans that are made electronically by a person other than a financial institution. Although you are not required to do so, you may also itemize any other loans that do not exceed $90. Each numbered item in these instructions corresponds to the same numbered item on the form. 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. Texas Ethics Commission Page 24 Revised 1/13/2020 Form C /OH — Instruction Guide 4. TOTAL OF UNITEMIZED LOANS: Enter the total amount of loans accepted during the reporting period that did not exceed $90 in the aggregate per person and were not from financial institutions, unless the loans were made electronically. Although you are not required to do so, you may itemize loans of $90 or less from persons other than financial institutions on this schedule. If you itemize some loans of $90 or less, do not include those loans in the total you enter here. If you choose to itemize all loans of $90 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. 10. INTEREST RATE: Enter the interest rate. 11. MATURITY DATE: Enter the maturity date. 12. 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 $900 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 $900 or more during the reporting period. Other types of filers are not required to report this information but may do so. Texas Ethics Commission Page 25 Revised 1/13/2020 Form C /OH — Instruction Guide 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., II1, 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. 19. 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. Texas Ethics Commission Page 26 Revised 1/13/2020 Form C /OH — Instruction Guide CONTRIBUTIONS SCHEDULE FI: POLITICAL EXPENDITURES FROM POLITICAL These instructions are for candidates and officeholders using SCHEDULE F1: 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 172; report expenditures from personal funds on Schedule G; report the purchase of investments from political contributions on Schedule F3; report expenditures made by credit card on Schedule 174; and report payments from political contributions made to a business that you own or control on Schedule H.) Expenditures Made by Credit Card: 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 F4: Expenditures Made b Cy redit 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 $1.80 on this schedule. If you made more than one expenditure to the same payee, the total of which exceeded $180, enter each expenditure separately. Although you are not required to do so, you may also report expenditures to one person that do not exceed $180 in the period on this schedule. If you choose not to itemize expenditures of $180 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 F1, 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. 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. Texas Ethics Commission Page 27 Revised 1/13/2020 Form C /OH — Instruction Guide 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 Texas Ethics Commission Page 28 Revised 1/13/2020 Form C /OH — Instruction Guide 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: 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. Texas Ethics Commission Page 29 Revised 1/13/2020 Form C /OH — Instruction Guide 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: You must enter political obligations incurred but not yet paid to one individual or entity during a reporting period that in the aggregate exceed $180 on this schedule. If you incurred more than one obligation to the same payee, the total of which exceeded $180, 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 $180 in the period on this schedule. If you choose not to itemize incurred political obligations of $180 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 $180 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 L 4. TOTAL OF UNITEMIZED UNPAID INCURRED OBLIGATIONS: Enter the total amount of political obligations incurred during the reporting period that do not exceed $180 in the aggregate per person, unless itemized on this schedule. You are not required to itemize unpaid incurred political obligations of $180 or less, but if you choose to do so, do not include those unpaid incurred obligations in the total you enter here. Texas Ethics Commission Page 30 Revised 1/13/2020 Form C /OH — Instruction Guide 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. Texas Ethics Commission Page 31 Revised 1/13/2020 Form C /OH — Instruction Guide 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 172; 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 $130 on this schedule. Although you are not required to do so, you may also report investments purchased with political contributions that do not exceed $130 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. Texas Ethics Commission Page 32 Revised 1/13/2020 Form C /OH — Instruction Guide 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. 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 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. 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 Fl; report unpaid incurred obligations on Schedule 172; report the purchase of investments from political contributions on Schedule 173; 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 $180 (in the aggregate) to a single payee. If you made two or more expenditures to the same payee, the total of which exceeded $1.80, 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 $180 in the reporting period on this schedule. If you choose not to itemize political expenditures made by credit card of $180 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 $180 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. Texas Ethics Commission Page 33 Revised 1/13/2020 Form C /OH — Instruction Guide 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 $180 in the aggregate per person, unless itemized on this schedule. You are not required to itemize political expenditures made by credit card of $180 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 F1, 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. Texas Ethics Commission Page 34 Revised 1/13/2020 Form C /OH — Instruction Guide 11. DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE /OFFICEHOLDER: See instructions for Schedule F1, section 9. Texas Ethics Commission Page 35 Revised 1/13/2020 Form C /OH — Instruction Guide 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: 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 F 1 (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. 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 $1.80 on this schedule. If you made more than one expenditure to the same payee, the total of which exceeded $180, enter each expenditure separately. Although you are not required to do so, you may also report expenditures to one person that do not exceed $180 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. Texas Ethics Commission Page 36 Revised 1/13/2020 Form C /OH — Instruction Guide 1 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 Fl, section 8. 9. DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE /OFFICEHOLDER: See instructions for Schedule F1, section 9. Texas Ethics Commission Page 37 Revised 1/13/2020 Form C /OH — Instruction Guide 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. Texas Ethics Commission Page 38 Revised 1/13/2020 Form C /OH — Instruction Guide SCHEDULE I: NON - POLITICAL EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS These instructions are for candidates and officeholders using SCHEDULE I: 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 F2; report expenditures made by a credit card on Schedule F4.) Expenditures Made by Credit Card: 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 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 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 F1, section 8. Texas Ethics Commission Page 39 Revised 1/13/2020 Form C /OH — Instruction Guide 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 $130, 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 $130 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 $130 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. Texas Ethics Commission Page 40 Revised 1/13/2020 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 filer account number. If you do not file with the Commission, you are not required to enter a filer account number. 4. NAME OF CONTRIBUTOR/ CORPORATION ORLABORORGANIZATION/ PLEDGOR/ 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. 1 1111 1 V �► �► - �.� :� the destination city or the name of each destination location. 10. 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. Texas Ethics Commission Page 41 Revised 1/13/2020 Form C /OH — Instruction Guide These instructions are for candidates and officeholders using Form C /OH -FR: CIOHREPORT: DESIGNATION OF FINAL REPORT. A final report must include this form (Form C /OH -FR) and the CAMPAIGN FINANCE 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 $900 in contributions or $900 in 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. Texas Ethics Commission Page 42 Revised 1/13/2020 Form C /OH — Instruction Guide 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. Texas Ethics Commission Page 43 Revised 1/13/2020 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 #1: 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: L For the credit card charges: a $1,000 expenditure on the "Expenditures Made by Credit Card" Schedule (F4). 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 (F1). 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. Texas Ethics Commission Page 44 Revised 1/13/2020 Form C /OH — Instruction Guide 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: 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 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 (Fl ). The schedule identifies the credit card company as the payee of the Texas Ethics Commission Page 45 Revised 1/13/2020 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: L 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 (F1). 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. Texas Ethics Commission Page 46 Revised 1/13/2020 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." Texas Ethics Commission Page 47 Revised 1/13/2020 Form C /OH — Instruction Guide (1.0) 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." Texas Ethics Commission Page 48 Revised 1/13/2020 Form C /OH — Instruction Guide (2 1) 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." Texas Ethics Commission Page 49 Revised 1/13/2020 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 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 F 1, 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 Fl. 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 F1. He reports the reimbursement on Schedule F1. The payee in this instance is Candidate B, the category of the expenditure is "Loan Repayment/Reimbursement," and "political expenditure made from personal funds reported as a loan" is an acceptable brief description. Texas Ethics Commission Page 50 Revised 1/13/2020 Form C /OH — Instruction Guide 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 Fl. 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 F1, 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 F I. 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. Texas Ethics Commission Page 51 Revised 1/13/2020 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 $180 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 52 Revised 1/13/2020 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 t ? 1 Effective September 1, 1997 (Revised 9/1/2019) Texas Ethics Commission, Box 12070, www. ethics. state. U. us I i i (8 00) r Promoting Public Confidence in Government Table of Contents Chapter 258. Fair Campaign Practices ....................................................................................... l Sec. 250.001. Short Title ............................................................................................................ l Sec. 250IX02. Purpose ----------------------.---------------'] Sec. 258.003. Delivery Of Copy OfCode .---------------------------..l Sec. 258.004. Text 0f Cmde ----------------------------------.l Sec. 258.005. Foroum ................................................................................................................... 2 Sec. 258.006. Acceptance And Preservation Of Copies —.------...--..--...---..2 Sec. 258.007. Subscription To Code Voluntary _----------------.-------2 Sec. 258.000. Indication OoPolitical Advertising -----------------------2 Texas Ethics Commission Page il Revised 9/1/2019 Chapter 258, Election Code Sec. 258.001. SHORT TITLE. This chapter may be cited as the Fair Campaign Practices Act. Sec. 258.004. TEXT OF CODE. The Code of Fair Campaign Practices reads as follows: CODE OF FAIR CAMPAIGN PRACTICES Texas Ethics Commission Page 1 Revised 9/1/2019 Chapter 258, Election Code Date Signature Sec. 258.005. FORMS. The commission shall print copies • the Code • Fair Campaign Practices and shall supply the forms • the authorities with whom copies of the code Lnay be filed in quantities and at times requested by the authorities. Texas Ethics Commission Page 2 Revised 9/1/2019 2020 UNIFORM ELECTION DATES CE a� TEXAS ETHICS COMMISSION 9 2020 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 2020 are May 2 and November 3. Candidates and officeholders must file semiannual reports (due on January 15, 2020, and July 15, 2020). 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 2020 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 2020 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. 2020 UNIFORM ELECTION DATES 1 October 2019 COLUMN I DUE DATE COLUMN II TYPE OF REPORT (WHO FILES) COLUMN III BEGINNING DATE OF PERIOD COVERED COLUMN IV ENDING DATE OF PERIOD COVERED Wednesday, January semiannual July 1, 2019, or December 31, 2019 January 15, 2020 [FORM C /OH] (all local the date of campaign treasurer NOTE: This report candidates and officeholders, the date of campaign must be received by except for officeholders who do treasurer appointment, or the appropriate filing not have a campaign treasurer the day after the date the last authority no later appointment on file and who do report ended. than April 2, 2020. 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 [FORM C/OH -UC] the day after the date the NOTE: A political committee must file pre - election reports if the committee is involved in the election during each pre - election (former candidates and former final report was filed. may be required to file 30 -day and 8 -day pre - election reports in connection with elections not listed on this schedule. officeholders who have filed a final report and who retained unexpended contributions or assets purchased with contributions) REPORTS DUE BEFORE THE MAY 2, 2020, UNIFORM ELECTION Thursday, 30th day before the May 2, 2020, January 1, 2020, or March 23, 2020 April 2, 2020 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 2 election and who do the day after the date the last authority no later not file on the modified reporting report ended. than April 2, 2020. schedule) [FORM GPAC] (all GPACs that are involved in the May 2 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 2 election) NOTE: A political committee must file pre - election reports if the committee is involved in 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. 2020 UNIFORM ELECTION DATES 2 October 2019 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 Friday, 8th day before May 2, 2020, March 24, 2020, or April 22, 2020 April 24, 2020 uniform election 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 2 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 24, modified reporting schedule) expenditures made 2020. after April 22, 2020, [FORM GPAC] (all GPACs that may be required. filed a "30th Day Before Election Please consult the Report" or that are involved in the Campaign Finance May 2 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 2 election) Wednesday, July semiannual January 1, 2020, or June 30, 2020 July 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 $900 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 in 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. 2020 UNIFORM ELECTION DATES 3 October 2019 COLUMN I COLUMN II COLUMN III COLUMN IV DUE DATE TYPE OF REPORT BEGINNING DATE OF ENDING DATE (WHO FILES) PERIOD COVERED OF PERIOD Deadline is extended candidates who have an opponent treasurer appointment, or COVERED REPORTS DUE BEFORE THE NOVEMBER 3, 2020, UNIFORM ELECTION Monday, 30th day before the November 3, July 1, 2020, or September 24, 2020 October 5, 2020 2020, 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 3 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 in the November 3 later than October 5, election) 2020. [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 3 election) Monday, 8th day before the November 3, September 25, 2020, or October 24, 2020 October 26, 2020 2020, 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 on the ballot in the November 3 contributions the appropriate 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 26, 2020. [FORM GPAC] (all GPACs that after October 24, filed a "30th Day Before Election 2020, may be Report" or that are involved in the required. Please November 3 election) consult the [FORM SPAC] (all SPACs that Campaign Finance 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 3 election) NOTE: A political committee must file pre - election reports if the committee is involved in 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 maybe required to file 30 -day and 8 -day pre - election reports in connection with elections not listed on this schedule. 2020 UNIFORM ELECTION DATES 4 October 2019 COLUMN I DUE DATE COLUMN II TYPE OF REPORT (WHO FILES) COLUMN III BEGINNING DATE OF PERIOD COVERED COLUMN IV ENDING DATE OF PERIOD COVERED Friday, January semiannual July 1, 2020, or December 31, 2020 January 15, 2021 [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 $900 in contributions or expenditures for the reporting period) [FORM GPAC] (all GPACs) [FORM SPAC] (all SPACs) Friday, Annual report of unexpended January 1, 2020, or December 31, 2020 January 15, 2021 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:A2020 \Schedu1es \unif6rm.docx 2020 UNIFORM ELECTION DATES 5 October 2019 MEN 11VW UM �1172 IMMMITEW The Texas Election Code requires certain disclosures and notices • 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 C 255 of the Elect'on Code, which is distinct from political reporting requirements under QljaL�tq� of the Election Code. Texas Ethics Commission P.O. Box 12070 Austin, Texas 78711-2070 (512) 463-5800 00��:' Mwn Revised July 16, 2019 Political Advertising—What You Need to Know 1. at 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 tenn. Do not confuse this special term with your own common-sense understanding of advertising. I I V4211411W-0 gill 11 131111 111i 111111 L rrf L-ffj--rm-W- YTWC7-k--�-#NTt1;; WRIPM one of the categories listed in Part B (below), it is political advertising. I �MKWMJ IT, Ta IrIM JM Political advertising includes communications supporting • opposing a candidate for nomination or election to either a public office • an office • a political party (including county and precinct chairs). 2. Political advertising includes commumcations supporting Or opposing an officeholder, a political party, • a measure (a ballot proposition). i97121 12KATIM1112. I I - I so-, Political advertising includes communications that appear in pamphlets, circulars, fliers, billboards or other signs, bumper stickers, • similar forms • written cornmunication. 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 re,ki-iF• for cocsi4eration. M11111 111111 !!1 1, 11111:11F111111 11 111WAITIMIMM11111111 C, I I 1 01111 1b �- 1. - disclosure statement. The person who causes the political advertising to be published, distributed, or broadcast is responsible for including the disclosure statement. IHIM11111111 ;a M- rf�--Wq tWISMM WAMM, P011LIUM UtIVURISIlIg IS UU0111OU LU UUMNITY Upress auvocacy IT it is ULLIIUI-lZt;U Uj d UZI 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 07/16/2019 Political Advertising—What You Need to Know Remember: The concept • "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. MKMM� i =- 6 2 Ff the political advertising is audio only and 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 of "Committee to Elect John Doe" has filed a campaign treasurer 9ppointment with the Ethics Commission or a local filing authority. 1111111111111 1 �l I r r 11 ll�l � il�lrii � iriiir QSqM3MMN ffr of M- IIIIIIIIIIIIIIIIpIllillilli Ill IiIIIIIIIIii1plill 1!1111101s _ ii - 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 fandraising events or to events held to establish support for a candidate or officeholder; Texas Ethics Commission Page 2 Revised 07/16/2019 Political Advertising—What You Need to Know an envelope that is used to transmit political advertising, provided that the politic-91 advertising in the envelope includes the disclosure statement; I 6. postings or re-postings on an Internet website if the person posting • r! +: is not an officeholder, candidate, or political committee and did not make an expenditure exceeding $100 in a reporting period for political advertising beyond the basic cost of hardware messaging software and bandwidth; Internet social media profile webpage of a candidate or officeholder, if the webpage clearly and conspicuously displays the full name of the candidate or officeholder; and postings or re-postings on an Internet website if the advertising is posted with a link to a publicly viewable Internet webpage that either contains the disclosure statement or is an Internet social media profile webpage of a candidate or officeholder that clearly and conspicuously displays the candidate's • officeholder's full name. V. What Should I Do If I Discover That My Political Advertising Does Not Contain a Disclosure Statement? If you learn that a political advertising sign designed to be seen from the road does not contain a disclosure statement • 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 AiLtArli?[441, "riwiso *UOM6",W *C oit�—z 'm inaccurate disclosure statement. VI. The it Campaign Practices Act. The Fair,-Q iai Practices Act sets out basic rules of decency, honesty, and fair play to be — -qmL— _ ---- 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 Texas Ethics Commission Page 3 Revised 07/16/2019 Political Advertising—What You Need to Know treasurer appointment. A person subscribing to the code may indicate that fact on political advertising by including the following • a substantially similar statement: (Name of the candidate or political committee, as appropriate) subscribes tot Code of Fair Campaign Practices. 0 1 11 �1�11!1111 � I 11��1111 1111111 1 111111l ill 11;11111111 111 1�1111 1111111 1�1 I III I I l 1 11 - I - � 1:1111111 1 1 1 1 - You may not use public funds or resources for political advertising. Please see our "Publications and Guides" section of our web site for more information. llwi2v ;111311111111 111 Ill 111,11 !11 1111ii 'Ill 1111111,1111 11111 11 ILAA L ILL1111 1 ' 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 • agreement to print • 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. ill 1111 ��ilill Iii,loollilill 1!11!111 1:11111111111 !�iiiiiiiiiiiiiiii :111111111 p!pl 1� plill NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 394 TRANSPORTATION CODE) TO PLACE THIS SIGN IN THE RIGHT-0 WAY OF A HIGHWAY. I 1111111111liq 1:111111ir 11 1 9 l 11 111 I Ill's III It"1111211111 K 11 1 or! - 1. 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 • the restriction • placing the sign in the right-of-way • a highway. I ma"m InyI)TIM rymmn M Bumper stickers do not need the "right-of-way" notice. They do, however, need a political advertising disclosure statement. 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 • your homeowner's association. The Texas Ethics Commission does not have Texas Ethics Commission Page 4 Revised 07/1612019 Political Advertising—What You Need to Know jurisdiction over matters involving the location of signs, and the length of time that they may be posted. I I � 1111111 � 1 111111 11 1 IIIIIIIIIIIIIIIrli Mil , 1 111 � I I � � I III N Political advertising and campaign communications may not misrepresent a person's identity • 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. - . I I I I I I I I I.. a ---il I it of I 6ral Lei &TIM11 I 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 • to a campaign on a measure." Vote John Doe III 111 111 It 11111 111 Elect John Doe Attorney General John Doe For lat John Doe .......... ;;;;;;; ., " I Texas Ethics Commission Page 5 Revised 07/16/2019 Political Advertisiniz. qtjlg YZA119it III. Misrepresentation of Identity or Source. IV. Use of State Sea]. MEMO= 7 V 114 IN r, of �76 �-- � Be aware that many violations of the Election Code are criminal offenses. For example, unlawfully using public funds for political advertising can be a Class A misdemeanor. So can misrepresenting one's identity or office title in political advertising. For more details on these offenses and political advertising in general, see Cl- 255 of the Election Code. Texas Ethics Commission Page 6 Revised 07/16/2019 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) Tuesday, November 3, 2020 - Uniform Election Date Deadline to post NEW HB 305 notice.' November 3, 2019* -Readline to Post Notice of Candidate Filing First Day to Apply for Ballot by Mail Saturday, July 18, 2020 Monday, August 17, 2020 Monday, August 17, 2020 at 5:00 p.m. Monday, August 17, 2021 Z Last day to Receive Ballot by Mail M_ffl 1 Under new law, most local entities now have a "first day" to file. the deadline to post notice of candidate filing deadline for entities that do not have a first day to file for their candidates. However, pursuant to NEW LAW, for local (taxing) political subdivisions, the deadline is September 1, 2019 (the effective date • HIS 305, 1 the November 3, 2020 election, Monday, July 20, 2020 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. (If the 30th day before last day on which candidate may file falls on a Saturday, deadline moves to next business day). However, pursuant to NEW LAW, for local (taxing) political subdivisions, the deadline is November 3, 2019 (one year before election day). Local political subdivisions include: cities, school districts, water districts, hospital districts, and any other local V f 2 Filing deadlines: generally, the filing deadline is the 78th day prior to Election Day. The Code may provide a different special election filing deadline. See Section 201.054 of the Texas Election Code (the "Code"). Write-in deadlines for general and special elections vary; the deadline for most local (city, school, other) special 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. 3 If 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 2, 2020 election, this is l�IttPs://Www.SOS.state.tx.us/elections/voter/2020-important-election-dates.shtml 3/10/2020 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] 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.5 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. Section 2. The recitals contained in the preamble hereof are hereby found to be true, ani such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a par) 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 Yerein. I I I I I I I I I I I I ... III I I FIT MRS , ITUTrel MM .. .......... I , KRU, 01I - L�"�4 City Secretary, Brenda Dennis MM � 11 tl 4 President of the Senate Speaker of the House I certify that H.B. No. 2840 was passed by the House on May 3, 2019, by the following vote: Yeas 138, Nays 3, 1 present, not Chief Clerk of the House I certify that H.B. No. 2840 was passed by the Senate on May 0 • 3 D =1 M =1 � OM I I KA 21 Q, 14 ON 11 1 12.1 Addressin', the Council. Any person desiring to address the Council N7 j_ oral communication shall first secure the permission of the presiding officer. 12.5 Written Communications. Interested persons, or their authorized representatives, in address the Council by written communication in regard to any matter concemil 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. CITY OF SCHERTZ ITY COUNCIL RULES S O ONDUC T AND PROCEDURE ME ARTICLE 1. AUTHORITY CityCharter ........................................................................................................................ l EffectiveDate; Amendment ..... ...... — ............................................................................... l ARTICLE 2. GENERAL RULES Meetingstobe Public ...................... ............... ................................................................... l Attendance......................................................................................................................... l Minutesof Meetings .......................................................................................................... l Questions tu Contain One Subject ........................................ ..... — ....... ..................... .... 2 Rightto the Fl0or— ............................................................................................................ 2 CityManager ............................................. ..................................... ................................. 2 CityAttorney _ .................................................................................................................... CitySeczetmzy— .................................................................................................................. Z Officers and Employees -----------.--------.-------------.—.2 Rulesof Order .................................................................................................................... 2 Suspensionof Rules ........................................................................................................... 2 Amendment10 Rules .......................................................................................................... 2 Matters Not Addressed by Rules ....................................................................................... 2 ARTICLE 3. TYPES OF MEETINGS Regular Meetings ----.---...............—..._.----.-----_---.—.2 Special Meetings -------------------'------------.----2&3 Recessed Meetings ------ ..................... 3 Adjourned Meetings —.--_.....................-..............,.............3 Closed Sesoioom---------------------------------------. 3 EmergencyMeetings ..................... .............................................................................. .... - Mayor........................................ .................... ................................................................... 3 Calbm{}rder_----.--------------------------~...--.--..3 Preservation mf Order ......................................................................................................... 3 Rulings by Presiding Officer ......................................................................... ................... 3 Questionsto be Stated ........................................................................................................ 3 10-22-19 Revised ------4 .---..4&5 8.1 Recognition by presiding officer ....................................................................................... 7 8-2 Order .................................................................................................................................. 7 8.3 Presiding Officer ........................................................................................................... 7&8 8/4 Improper References tobe Avoided .................................................................................. 8 8.5 Interruptions -----------------------........-----..—.----.@ Debate.............................. .................................................................. Motion Procecburoa............................................................................ Pointof Privilege .............................................. ---.......... --...... Point of Procedure *r Order ................................................................ /o Appeal a Ruling ................................................ ........................... IoRecess ............................................................................................ TOWithdraw ....................................................................................... To Postpone or Extend—.................................................................... IoRefer .............................................................................................. TmAmend ........... ............................................................................... To Limit or Close Debate or "Call the ................................. ToCount the Vote ............................................................................... To Take Action or Reconsider an Action; Main Motions .................. 10-22-19 Revised 11 .............................. 8 ------~...8&9 .— .......................... 9 ----------0 ... ................... 9&l0 ---------'I0 ---------'lO —.~......--...lO ---------.lQ -------lO&lI ................ ........... ll —.-------- lI ---------']l Page ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda --.----------------------.-----------------.5&6 0.2 Communication tn Mayor and Council .............................. ................................................ M 6.3 Approval of Minutes .......................................................................................................... 6 6'4 Presentations by Members nf Council ........ ...................................................................... 6 6i5 Consent Agenda -------.------------------------------..6 ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 PrizdedLTnmewritten,orIDeo1rozdc Form .......................................................................... 6 7.2 City Manager Review ........................................................................................................ 6 7.3 City Attorney to Approve ------.----_----------------------.7 7/4 Funding ............................................_.....,.............7 7.5 of Caption Only ................................................................................................... 7 7.6 ---------_-----.------.---..7 7.7 Recording mf Votes ...................... ......................................................................... ........... 7 7.8 Vote Required ---.--_-----------.---.---.---------------_-7 7/9 Tie Vote ............................................................................................................................. 7 7J0 Numbering Ordinances and Resolutions ........ .................................................................. 7 7.1I Ordinance Passage Procedure ............................................................................................ 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ....................................................................................... 7 8-2 Order .................................................................................................................................. 7 8.3 Presiding Officer ........................................................................................................... 7&8 8/4 Improper References tobe Avoided .................................................................................. 8 8.5 Interruptions -----------------------........-----..—.----.@ Debate.............................. .................................................................. Motion Procecburoa............................................................................ Pointof Privilege .............................................. ---.......... --...... Point of Procedure *r Order ................................................................ /o Appeal a Ruling ................................................ ........................... IoRecess ............................................................................................ TOWithdraw ....................................................................................... To Postpone or Extend—.................................................................... IoRefer .............................................................................................. TmAmend ........... ............................................................................... To Limit or Close Debate or "Call the ................................. ToCount the Vote ............................................................................... To Take Action or Reconsider an Action; Main Motions .................. 10-22-19 Revised 11 .............................. 8 ------~...8&9 .— .......................... 9 ----------0 ... ................... 9&l0 ---------'I0 ---------'lO —.~......--...lO ---------.lQ -------lO&lI ................ ........... ll —.-------- lI ---------']l LM 9]5 To take action mr Rescind motion .................................................................................... ll 9.16 To Take Main Motions ................................................................................ II&l2 ARTICLE 10. ENFORCEMENT OF DECORUM lO'l Warning ........--.......—..........—.............--....-----......—...------...-............l2 10'2 Removal ........................................................................................................................... l2 10.3 Resisting Removal ........................................................................................................... l2 10'4 Motions to Enforce .......................................................................................................... lZ ARTICLE 11. :CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS ll.l Standing Committees ....................................................................................................... l3 I1-2 Special Committees ......................................................................................................... l3 ARTICLE 12. ClTIZENS,RIGHTS 12.1 Addressing ' the Council .................................................................................................... l3 12.2 Manner of Addressing the Council —Tiome Limit ............................................................ l3 12.3 Personal and Slanderous Remarks ................................................................................... l3 12.4 Public Hearings ------.----------------------------..l3&14 12.5 Written Communications ................................................................................................. l4 12.6 Hearing of Residents .------.---..----...........----------...l4 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.I City Manager to Provide Information .............................................................................. l4 13.2 City Manager's Responses &o Requests .................................................................... ]4&l5 13.3 Directions tnCity Manager ---- ................................................................................ 13.4 City Manager's Duty tm Inform ................................................................................. --l5 13.5 Customer Concerns .......................................................................................................... l5 13.6 City Relations .... ................................................................................. l5 10-22-19 Revised iii FIX NJ V; MA, I W 1.1 CiN Charter. Section 4.09 (d) ♦ the City Chatter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective DateLAMendragpt. 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 • a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetinfls 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 2 Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quorum. Four members • 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 • named, and they may recess to a later time as permitted by State law or may hear business before them, taking 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 • occupational or businA� demands, personal or family illness or absence from the city shall be approved by t Council as excused. 2.3 Minutes of Meetinas. 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 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 uestions to Contain One $pbJgq. All questions submitted for a vote shall contain only one subject * If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Rkht to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time and shall confine her remarks to the subject under consideration or to be considered. 2.6 Qiq Manner. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 Citv Attomev. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, an sha , upon request o e Counci or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 QibL$,q�. 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. 2.11 SusDension of Rules. Any provision of these Rules not required by the Charter or Stat* law may be temporarily suspended by a majority vote of the Councilmembers who ar+ 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 Addrgs�d b �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. 3.1 The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part 11, Section 2-2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 10-22-19 Revised 2 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetmigs of the Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both thi�;. Mayor and the Mayor Pro-Tem, the most senior Councilmember (by time ♦ service • 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. hi the absence of both the Mayor and thi. 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, preven) 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 bv 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 Ouestions to be Stated. The presiding officer shall state all questions submitted for a vote .ii .lit': tVc 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 -em to preside if the Mayor Pro-Tem is present. If the Mayor 10-22-19 Revised 3 Pro-Tem. is not present, the Mayor may call upon the most senior Councilmember (by 6MO—Of beyond adjournment ♦ that meeting. ARTICLE 5. (a) The Council will discuss, and with a majority vote, appoint the Councilmember serve as the Mayor Pro Tern for the City. (b) The appointed Mayor Pro Tern 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 Tern, a Councilmember must be an elected member of Council and a member in good standing. (c) Tenn 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 Tern is vacant or is held by a Councilmernber who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualifieV, Councilmember. ME= (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. ff FIT= (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. 10-22-19 Revised 4 PIN MEMMEM (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. 11111111 Irlor ARTICLE 6. KNf f (a) Information Required. Any item to be • 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; Soonsor and Responsible Staff, The agenda shall list all i vt ems for consideration in a formal 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 10-22-19 Revised 5 presentation only and should be retained by the Mayor and the Councilmembers jintil such time as the item is finalized. (d) Cppy 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 • the agenda shall be available to the public at the meeting. (f) Chair Shall Not Entertain Objections. • 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. 6.3 A pproval 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. 10-22-19 Revised 6 ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed,,_�writte i or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 74 F urce jTding. All actions authorizing an expenditure of money shall include the exact so of the funds to be expended. 7.5 ReadilN_pf Caption OnN. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances—Two Read=is� E _mei�iencies. 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 orAw.aTce&-wtd resolij-tioy,.s !?,wd 4all be entered in the minutes of the Cmmcjl-- 7.8 Vote Rectuired. 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 Numberink Ordinances and Resolutions. After approval • 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. 10-22-19 Revised 7 1,'. 4 Improper References to be Avoided, When a Councilmember has the floor pursuant a., Section 2.5 or 8.5, he/she shall avoid all references to personalities and indecorous language. ARTICLE 9. 10MUSN-A-U) "Odc-FITULy 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated • the presiding officer. (I 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 • Privilegge. A point • privilege, sometimes called a point • personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgen! 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 ap -S—ecTions 37-5-DUougli 5. 1 a, are by permission • rjon ABA Publishing, 2 d Edition. Mandatory if seconded; no vote required 10-22-19 Revised 9 10-22-19 Revised 10 it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 10-22-19 Revised 11 17 Effect of Abstentions; action on required Abstentions; Effect of non-requiret Abstentions. The following rules shall apply when a Council Member abstains from voting • an item: 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. I iL 10.1 ywv �mm ;. 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 o cer, a 10-22-19 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 Polic+ 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. 101 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 th* 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 • the Council (or successor provision of - IMM T$OM KOIKM3���= 11 1 gi p.&IS INVA III am Lug to I I I-- 10.4 Motions to Enforce. Any Council member may move to require the presiding officer t*L 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 Adiournment. 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. 0#1111FITTEES, BO,J,.VMSJ4,V11 WOIIJTWISSINNI&T� 10-22-19 Revised 13 MMKVVA�- �� [IN V V VA 319NO M In: V V 12.1 Addressina, the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 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 ► direct mail or by addressing the City Secretary, who shall, • the request of the writer, distribute copies to the Councilmembers. 10-22-19 Revised 14 ARTICLE 13. ID T -9-K—CMA� 11 LIX UW. 13.1 Ci, Mana-erto Provide Information. The City Manager is directly responsible for Q!i providing information to all the Councilmembers concerning any inquiries • a specific Councilmember. If the City Manager or his staffs 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 CitV Mana&er's Responses to Requests. The City Manager is expected to respond in oz timely manner • the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting th* 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 Councilmernber's request. (e) 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. 10-22-19 Revised 15 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, 2 consensus • the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Mana�ter's DuN 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, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. (3.5 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 Cowt,cil.-icembers. 13.6 Citv Manaaer/Council Relations. The City Manager should strive to maintain positiv*- relations with the Council by following these guidelines: (b) Maintain open lines of cominunication 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. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. 10-22-19 Revised 16 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 wle a-re net +he idbje„+ of an 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 Page 1 /. CITy o . '4�°Rnnuaitio � 9 -4 -2015 Final 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. Page 2 GiTY a r oti sn x 9 -4 -2018 Final 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. Page 3 .OJTY �I � nr�j•nrt: iYv 9 -4 -2018 Final 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. Page 4 CITY.o�,',_ 9 -4 -2018 Final 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 Page 5 i �fil•Olii \'1 Violations 9- 4 -2018 Final 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. Page 6 C, Cyw 9-4-2018 Finn 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. Page 7 CITY.. 9- 4 -2018 Final 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 Page 8 GITY r ` - xl r 9 -4 -2018 Final • 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. Page 9 1 (4 .9-4 -2 078 'Final 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 Page 10 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