By:  Carona                                             H.B. No. 12
       73R796 KLL-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to late reports of political contributions and
    1-3  expenditures.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 254.042, Election Code, is amended to
    1-6  read as follows:
    1-7        Sec. 254.042.  CIVIL PENALTY FOR LATE REPORT; NOTIFICATION OF
    1-8  PROSECUTING ATTORNEY.  (a)  The authority with whom a report is
    1-9  required to be filed under this chapter <secretary of state> shall
   1-10  determine from any available evidence whether the <a> report, other
   1-11  than a telegram report under Section 254.038 or 254.039, <required
   1-12  to be filed with the secretary under this chapter> is late.  On
   1-13  making that determination, the authority <secretary> shall
   1-14  immediately mail a notice of the determination to the person
   1-15  required to file the report and to the appropriate prosecuting
   1-16  attorney.
   1-17        (b)  If a report is determined to be late, the person
   1-18  required to file the report is civilly liable <to the state> for an
   1-19  amount determined by commission rule, but not to exceed $100 for
   1-20  each day that the report is late.  If a report is more than 30 days
   1-21  late, the authority with whom the report is required to be filed
   1-22  <commission> shall issue a warning of liability by registered mail
   1-23  to the person required to file the report.  If the penalty is not
   1-24  paid before the 10th day after the date on which the warning is
    2-1  received, the person is liable for a penalty in an amount
    2-2  determined by commission rule, but not to exceed $10,000.
    2-3        (c)  A penalty paid voluntarily under this section shall be
    2-4  deposited:
    2-5              (1)  in the state treasury <State Treasury> to the
    2-6  credit of the general revenue fund for a report required to be
    2-7  filed with the commission; or
    2-8              (2)  to the credit of the general fund of the local
    2-9  governmental entity served by the filing authority for a report not
   2-10  required to be filed with the commission <General Revenue Fund>.
   2-11        SECTION 2.  This Act takes effect September 1, 1993.
   2-12        SECTION 3.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency   and   an   imperative   public   necessity   that   the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.