The following words and terms, when used in Title 15 of the
Election Code, in this chapter, Chapter 22 of this title (relating
to Restrictions on Contributions and Expenditures), and Chapter 24
of this title (relating to Restrictions on Contributions and Expenditures
Applicable to Corporations and Labor Organizations), shall have the
following meanings, unless the context clearly indicates otherwise.
(1) Campaign communication--The term does not include
a communication made by e-mail.
(2) Campaign treasurer--Either the individual appointed
by a candidate to be the campaign treasurer, or the individual responsible
for filing campaign finance reports of a political committee under
Texas law or the law of any other state.
(3) Contribution--The term does not include a transfer
for consideration of any thing of value pursuant to a contract that
reflects the usual and normal business practice of the vendor.
(4) Corporation--The term does not include professional
corporations or professional associations.
(5) Direct campaign expenditure--A campaign expenditure
that does not constitute a contribution by the person making the expenditure.
A campaign expenditure is not a contribution from the person making
the expenditure if:
(A) it is made without the prior consent or approval
of the candidate or officeholder on whose behalf the expenditure was
(B) it is made in connection with a measure, but is
not a political contribution to a political committee supporting or
opposing the measure.
(6) Election cycle--A single election and any related
primary or runoff election.
(7) Identified measure--A question or proposal submitted
in an election for an expression of the voters' will and includes
the circulation and submission of a petition to determine whether
a question or proposal is required to be submitted in an election
for an expression of the voters' will.
(8) In-kind contribution--A contribution of goods,
services, or any other thing of value, except money, and includes
an agreement made or other obligation incurred, whether legally enforceable
or not, to make such a contribution. The term does not include a direct
(9) Non-political expenditure--An expenditure from
political contributions that is not an officeholder expenditure or
a campaign expenditure.
(10) Opposed candidate--A candidate who has an opponent
whose name is to appear on the ballot. The name of a write-in candidate
does not appear on the ballot.
(11) Out-of-state political committee--A political
committee that makes political expenditures outside Texas and in the
12 months immediately preceding the making of a political expenditure
by the committee inside Texas (other than an expenditure made in connection
with a campaign for a federal office or made for a federal officeholder),
makes 80% or more of the committee's total political expenditures
in any combination of elections outside this state and federal offices
not voted on in this state. Section 20.13 of this title (relating
to Out-of-State Committees) explains the practical application of
(12) Pledge--A contribution in the form of an unfulfilled
promise or unfulfilled agreement, whether enforceable or not, to provide
a specified amount of money or specific goods or services. The term
does not include a contribution actually made in the form of a check.
(13) Political advertising--
(A) A communication that supports or opposes a political
party, a public officer, a measure, or a candidate for nomination
or election to a public office or office of a political party, and:
(i) is published in a newspaper, magazine, or other
periodical in return for consideration;
(ii) is broadcast by radio or television in return
(iii) appears in a pamphlet, circular, flier, billboard,
or other sign, bumper sticker, or similar form of written communication;
(iv) appears on an Internet website.
(B) The term does not include an individual communication
made by e-mail but does include mass e-mails involving an expenditure
of funds beyond the basic cost of hardware messaging software and
(14) Political committee--Two or more persons that
have as a principal purpose accepting political contributions or making
political expenditures to support or oppose candidates, officeholders,
or measures. The term does not include a group composed exclusively
of two or more individual filers or political committees required
to file reports under Election Code, Title 15 (concerning Regulating
Political Funds and Campaigns), who make reportable expenditures for
a joint activity such as a fundraiser or an advertisement.
(15) Political subdivision--A county, city, or school
district or any other governmental entity that:
(A) embraces a geographic area with a defined boundary;
(B) exists for the purpose of discharging functions
of government; and
(C) possesses authority for subordinate self-government
through officers selected by it.
(16) Report--Any document required to be filed by this
title, including an appointment of campaign treasurer, any type of
report of contributions and expenditures, and any notice.
(17) Special pre-election report--A shorthand term
for a report filed in accordance with the requirements of §§20.221,
20.333, or 20.435 of this title (relating to Special Pre-Election
Report by Certain Candidates; Special Pre-Election Report by Certain
Specific-Purpose Committees; Special Pre-Election Reports by Certain
General-Purpose Committees) and §254.038 and §254.039 of
the Election Code (relating to Special Report Near Election by Certain
Candidates and Political Committees and Special Report Near Election
by Certain General-Purpose Committees).
(18) Specific-purpose committee--A political committee
that does not meet the definition of general-purpose committee and
that has among its principal purposes:
(A) supporting or opposing one or more:
(i) candidates, all of whom are identified and are
seeking offices that are known; or
(ii) measures, all of which are identified;
(B) assisting one or more officeholders, all of whom
are identified; or
(C) supporting or opposing only one candidate who is
unidentified or who is seeking an office that is unknown.
(19) Unidentified measure--A question or proposal that
is intended to be submitted in an election for an expression of the
voters' will and that is not yet legally required to be submitted
in an election, except that the term does not include the circulation
or submission of a petition to determine whether a question or proposal
is required to be submitted in an election for an expression of the
voters' will. The circulation or submission of a petition to determine
whether a question or proposal is required to be submitted in an election
for an expression of the voters' will is considered to be an identified
|Source Note: The provisions of this §20.1 adopted to be effective December 31, 1993, 18 TexReg 9714; amended to be effective October 4, 1994, 19 TexReg 7433; amended to be effective August 6, 2006, 31 TexReg 5910; amended to be effective November 18, 2007, 32 TexReg 8305; amended to be effective September 1, 2013, 38 TexReg 5697