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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of political funds, campaigns, and |
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lobbying, including certain functions and procedures of the Texas |
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Ethics Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.0313, Election Code, is amended to |
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read as follows: |
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Sec. 254.0313. OMISSION OF ADDRESS FOR JUDGE AND SPOUSE. |
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[(a) In this section, "federal judge" and "state judge" have the |
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meanings assigned by Section 13.0021. |
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[(b)] On receiving notice from the Office of Court |
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Administration of the Texas Judicial System of a judge's |
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qualification for office or on receipt of a written request from a |
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federal judge, state judge, or spouse of a federal or state judge, |
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the commission shall remove or redact the residence address of a |
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federal judge, a state judge, or the spouse of a federal or state |
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judge from any report filed by the judge in the judge's capacity or |
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made available on the Internet under this chapter. |
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SECTION 2. Sections 254.036(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) Each report filed under this chapter with an authority |
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other than the commission must be in a format prescribed by the |
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commission. A report filed with the commission that is not |
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required to be filed electronically [by computer diskette, modem, |
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or other means of electronic transfer] must be on a form prescribed |
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by the commission and typed or written in black or blue ink [or |
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typed with black typewriter ribbon or, if the report is a computer |
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printout, the printout must conform to the same format and paper |
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size as the form prescribed by the commission]. |
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(b) Except as provided by Subsection (c) or (e), each report |
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filed under this chapter with the commission must be filed |
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electronically [by computer diskette, modem, or other means of |
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electronic transfer,] using computer software provided by the |
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commission or computer software that meets commission |
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specifications for a standard file format. |
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SECTION 3. Section 255.001(b), Election Code, is amended to |
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read as follows: |
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(b) Political advertising that is authorized by a |
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candidate[, an agent of a candidate,] or a political committee |
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filing reports under this title, or an agent of a candidate or |
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political committee filing reports under this title, shall be |
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deemed to contain express advocacy. |
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SECTION 4. (a) Section 305.024(a), Government Code, as |
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amended by Chapter 206 (H.B. 1508), Acts of the 79th Legislature, |
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Regular Session, 2005, is reenacted to read as follows: |
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(a) Except as provided by Section 305.025, a person |
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registered under Section 305.005 or a person on the registrant's |
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behalf and with the registrant's consent or ratification may not |
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offer, confer, or agree to confer to a member of the legislative or |
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executive branch: |
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(1) a loan, including the guarantee or endorsement of |
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a loan; |
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(2) a gift of cash or a negotiable instrument as |
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described by Section 3.104, Business & Commerce Code; |
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(3) an expenditure for transportation and lodging; |
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(4) an expenditure or series of expenditures for |
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entertainment that in the aggregate exceed $500 in a calendar year; |
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(5) an expenditure or series of expenditures for gifts |
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that in the aggregate exceed $500 in a calendar year; |
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(6) an expenditure for an award or memento that |
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exceeds $500; or |
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(7) an expenditure described by |
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Section 305.006(b)(1), (2), (3), or (6) unless: |
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(A) the registrant is present at the event; or |
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(B) the expenditure is for a gift of food or |
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beverages required to be reported under Section 305.006(b)(4) in |
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accordance with Section 305.0061(e-1). |
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(b) Section 2, Chapter 92 (S.B. 1011), Acts of the 79th |
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Legislature, Regular Session, 2005, is repealed. |
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SECTION 5. Section 571.1223, Government Code, is amended to |
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read as follows: |
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Sec. 571.1223. DISMISSAL OF COMPLAINT FOLLOWING CORRECTED |
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OR AMENDED STATEMENT, REGISTRATION, OR REPORT. At any stage of a |
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proceeding under this subchapter, the commission shall dismiss a |
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complaint to the extent the complaint alleges a statement, |
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registration, or report violates a law or rule if: |
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(1) the respondent has filed a corrected or amended |
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statement, registration, or report before the commission accepts |
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jurisdiction over the complaint; [and] |
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(2) the corrected or amended statement, registration, |
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or report remedies the alleged violation; and |
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(3) the respondent files with the correction or |
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amendment an affidavit stating that any error or omission in the |
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statement, registration, or report as originally filed was made in |
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good faith. |
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SECTION 6. Sections 572.030(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The commission shall notify [mail to] each individual |
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required to file under this subchapter of [a notice that]: |
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(1) the requirement [states] that the individual [is |
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required to] file a financial statement under this subchapter; |
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(2) [identifies] the filing dates for the financial |
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statement as provided by Sections 572.026 and 572.027; and |
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(3) [describes] the manner in which the individual may |
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access instructions for filing financial statements and |
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electronically file the financial statement on [obtain the |
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financial statement forms and instructions from] the commission's |
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Internet website[; |
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[(4) states that on request of the individual, the |
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commission will mail to the individual a copy of the financial |
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statement forms and instructions; and |
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[(5) states, if applicable, the fee for mailing the |
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forms and instructions and the manner in which the individual may |
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pay the fee]. |
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(c) Except as provided by commission rule, the [The] notice |
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required by Subsection (b) must be provided [mailed]: |
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(1) before the 30th day before the deadline for filing |
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the financial statement under Section 572.026(a) or (c), except as |
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otherwise provided by this subsection; |
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(2) not later than the 15th day after the applicable |
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deadline for filing an application for a place on the ballot or a |
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declaration of write-in candidacy for candidates required to file |
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under Section 572.027(a), (b), or (c); |
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(3) not later than the seventh day after the date of |
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appointment for individuals required to file under Section |
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572.026(b), or if the legislature is in session, sooner if |
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possible; and |
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(4) not later than the fifth day after the date the |
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certificate of nomination is filed for candidates required to file |
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under Section 572.027(d) [574.027(d)]. |
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SECTION 7. (a) Section 572.032(a-1), Government Code, as |
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amended by Chapter 983 (H.B. 776), Acts of the 85th Legislature, |
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Regular Session, 2017, is reenacted to read as follows: |
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(a-1) The commission shall remove the home address, the |
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telephone number, and the names of the dependent children of an |
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individual from a financial statement filed by the individual under |
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this subchapter before: |
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(1) permitting a member of the public to view the |
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statement; |
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(2) providing a copy of the statement to a member of |
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the public; or |
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(3) making the statement available to the public on |
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the commission's Internet website, if the commission makes |
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statements filed under this subchapter available on its website. |
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(b) Section 15, Chapter 34 (S.B. 1576), Acts of the 85th |
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Legislature, Regular Session, 2017, is repealed. |
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SECTION 8. The following provisions of the Government Code |
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are repealed: |
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(1) Section 571.122(b-1), as added by Chapter 604 |
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(H.B. 677), Acts of the 81st Legislature, Regular Session, 2009; |
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and |
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(2) Sections 572.030(d) and (e). |
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SECTION 9. Section 305.024(a), Government Code, as |
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reenacted by this Act, applies only to a loan, gift, or expenditure |
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offered, conferred, or agreed to be conferred on or after the |
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effective date of this Act. A loan, gift, or expenditure offered, |
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conferred, or agreed to be conferred before the effective date of |
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this Act is governed by the law in effect on the date the loan, gift, |
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or expenditure was offered, conferred, or agreed to be conferred, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. Section 255.001(b), Election Code, as amended |
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by this Act, applies only to political advertising that is |
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published, distributed, or broadcast on or after the effective date |
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of this Act. The publication, distribution, or broadcasting of |
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political advertising before the effective date of this Act is |
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governed by the law in effect on the date the advertising was |
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published, distributed, or broadcast, and the former law is |
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continued in effect for that purpose. |
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SECTION 11. The repeal by this Act of Section 571.122(b-1), |
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Government Code, as added by Chapter 604 (H.B. 677), Acts of the |
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81st Legislature, Regular Session, 2009, applies only to a |
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complaint filed under Chapter 571, Government Code, on or after the |
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effective date of this Act. A complaint filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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complaint was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 12. This Act takes effect September 1, 2021. |