1 Texas Administrative Code § 16.2 – Random Selection The report subject to a facial compliance review must be randomly selected from a list of all reports filed by a particular filer type for a specific filing deadline.

1 Texas Administrative Code § 16.1 – Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Deficiency–An error, omission, inaccuracy, or violation of a law or rule administered and enforced by the commission that is apparent on the face of a…

1 Texas Administrative Code § 13.1 – [Effective until 1/22/2025] Referral to Prosecuting Attorney (a) Under section 571.171 of the Government Code, the commission may vote to refer a matter related to a sworn complaint to the appropriate prosecuting attorney for criminal prosecution upon the commission accepting jurisdiction over the sworn complaint. (b) A referral…

1 Texas Administrative Code § 12.94 – Final Orders after Formal Hearings (a) The commission should issue a final order within 60 days after the conclusion of a formal hearing. (b) The executive director shall dismiss a complaint if the commission fails to adopt a motion under section 571.132 of the Government Code. The dismissal…

1 Texas Administrative Code § 12.93 – Default Proceedings (a) If a respondent fails to respond to a complaint by the deadline set by Section 571.1242 or fails to appear for a formal hearing, the commission may, upon notice and hearing, proceed on a default basis. (b) A default proceeding under this section requires adequate…

1 Texas Administrative Code § 12.92 – Resolution of Technical or De Minimis Allegations (a) Technical, clerical, or de minimis violations for purposes of §§ 571.0631 and 571.140 of the Government Code means any violation of law under the TEC’s jurisdiction that neither materially affects disclosure nor undermines public trust in government. (b) Examples of…

1 Texas Administrative Code § 12.91 – Agreed Resolutions (a) Upon the affirmative vote of six commissioners, the commission may enter into an agreed resolution with a respondent to settle a complaint filed against the respondent, including an assurance of voluntary compliance, a notice of reporting error, or an agreed order. (b) An assurance of…

1 Texas Administrative Code § 12.86 – Numbering of Exhibits (a) Each exhibit to be offered shall first be numbered by the offering party. (b) Copies of the original exhibit shall be furnished by the party offering the exhibit to the commission and to each party present at the hearing unless otherwise ordered by the…

1 Texas Administrative Code § 12.85 – Rules of Evidence (a) The Texas Rules of Evidence as applied in a nonjury civil case in district court govern a formal hearing only to the extent consistent with Chapter 571 of the Government Code. (b) Evidence may be admitted if it meets the standards set out in…

1 Texas Administrative Code § 12.84 – Presentation of Evidence (a) After the resolution of all prehearing matters, each party shall make its presentation during the formal hearing. Commission staff shall make the first opening statement. The respondent or respondent’s authorized representative shall then make an opening statement, should the respondent wish to do so…