§ 2-301. Definitions.

(a)

Contribution cycles applicable to candidates and specific purpose political action committees (SPAC) formed for the purpose of supporting or opposing a candidate. The following constitute separate contribution cycles:

(1)

The pre-election contribution cycle begins on July 1 of the calendar year before the date of the general municipal election, and ends on the date of the general municipal election;

(2)

The run-off election contribution cycle begins the day after the general municipal election, and ends on the date of the run-off election, for candidates involved in the run-off election;

(3)

The post-election contribution cycle begins on the day after the general municipal election or the day after the run-off election, as applicable, through June 30 of the calendar year before the next general municipal election; and

(4)

The special election contribution cycle resulting from a City Council vacancy will begin on the day the City Council acknowledges the vacancy and ends on the date of the special election. The special run-off contribution cycle begins the day after the special election and ends on the date of the special run-off election.

(b)

Under Texas Election Code § 251.001, a "contribution" means a direct or indirect transfer of money, goods, or services, or any other thing of value and includes an agreement made or other obligation incurred, whether legally enforceable or not, to make a transfer. The term includes a loan or extension of credit, other than those expressly excluded by this subdivision, and a guarantee of a loan or extension of credit, including a loan described by this subdivision.

The term "contribution" does not include a loan made in the due course of business by a corporation that is legally engaged in the business of lending money and that has conducted the business continuously for more than one (1) year before the loan is made.

(c)

A loan is deemed to be made in the ordinary due course of business if it:

(1)

Bears the usual and customary interest rate of the lending institution for the category of loan involved;

(2)

Is made on a basis that assures repayment;

(3)

Is evidenced by a written instrument; and

(4)

Is subject to a due date or amortization schedule.

(d)

Terms not defined in this chapter but defined in the Texas Election Code shall have the meanings assigned to them in the Texas Election Code. Terms not defined in this chapter or the Texas Election Code, but defined in the Ethics Code shall have the meanings assigned to them in the Ethics Code.

(Ord. No. 2013-05-09-0317, § 1(Att. A), 5-9-13; Ord. No. 2018-06-21-0491 , § 1(Att. b), 6-21-18)