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.