By: Rosson S.B. No. 742
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the rulemaking authority of the Ethics Commission.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 6252-9d Section 1.11 of the Revised Civil
1-4 Statutes of the State of Texas is amended by adding subsections (g)
1-5 and (h) to read as follows:
1-6 (g) The Commission shall promulgate rules requiring persons
1-7 to report monetary and other transactions in a manner that will
1-8 fairly inform the public of the nature of the transactions. The
1-9 Commission shall not promulgate any rule or construe any provision
1-10 of Article 6252-9b, Title 15 of the Election Code, Chapter 305 of
1-11 the Government Code or Chapter 36 or 39 of the Penal Code in such a
1-12 way as to thwart the purpose of providing the public with clear
1-13 information. The Commission may not impose a penalty upon a person
1-14 required to file a report, based upon the inadequacy of the report,
1-15 if the report:
1-16 (i) is timely filed.
1-17 (ii) conforms with
1-18 applicable law, and
1-19 (iii) is substantially
1-20 complete.
1-21 (h) A substantially complete report includes, but is not
1-22 limited to, a report filed in good faith that:
1-23 (i) lists at least 95% of
2-1 the amounts required to be reported.
2-2 (ii) lists at least 95% of
2-3 the entities required to be reported.
2-4 (iii) lists at least 95% of
2-5 the transactions required to be reported, and
2-6 (iv) lists dates, places
2-7 and persons required to be reported with reasonable clarity.
2-8 SECTION 2. This act is effective on September 1, 1993.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.