By: Rosson S.B. No. 748
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the verification requirements for certain filings with
1-2 the Texas Ethics Commission; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Section 4, Chapter 421, Acts of
1-5 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
1-6 Vernon's Texas Civil Statutes), is amended to read as follows:
1-7 (d) The financial statement shall be verified or contain the
1-8 following statement before the space provided for the signature of
1-9 the person filing the statement: "Under penalties of perjury, I
1-10 declare that to the best of my knowledge and belief, this report is
1-11 true, correct, and complete." <.>
1-12 SECTION 2. Subsection (d), Section 12A, Chapter 421, Acts of
1-13 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
1-14 Vernon's Texas Civil Statutes), is amended to read as follows:
1-15 (d) This section is cumulative of any other available
1-16 sanctions for late filings of required <sworn> statements.
1-17 SECTION 3. Chapter 251, Election Code, is amended by adding
1-18 Section 251.0071 to read as follows:
1-19 Sec. 251.0071. VERIFICATION OR DECLARATION REQUIRED. A
1-20 report or other document required to be filed under this title must
1-21 be verified or must contain the following statement before the
1-22 space provided for the signature of the registrant: "Under
1-23 penalties of perjury, I declare that to the best of my knowledge
2-1 and belief, this report is true and correct and includes all
2-2 information required to be reported by me under Title 15, Election
2-3 Code."
2-4 SECTION 4. Section 254.036, Election Code, is amended to
2-5 read as follows:
2-6 Sec. 254.036. FORM OF REPORT; <AFFIDAVIT;> MAILING OF FORMS.
2-7 (a) Each report filed under this chapter must be on a form
2-8 prescribed by the commission and must be written in black ink or
2-9 typed with black typewriter ribbon unless the report is a computer
2-10 printout. If the report is a computer printout, the printout must
2-11 conform to the same format and paper size as the form prescribed by
2-12 the commission.
2-13 (b) Each report filed under this chapter must be accompanied
2-14 by an affidavit executed by the person required to file the report
2-15 or<. The affidavit> must contain the declaration provided in
2-16 Section 251.0071. <statement: "I swear, or affirm, that the
2-17 accompanying report is true and correct and includes all
2-18 information required to be reported by me under Title 15, Election
2-19 Code.">
2-20 (c) As part of the notification required by Section 251.033,
2-21 the commission shall mail the appropriate forms to each person
2-22 required to file a report with the commission during that reporting
2-23 period.
2-24 SECTION 5. Subsection (c), Section 254.126, Election Code,
2-25 is amended to read as follows:
3-1 (c) A dissolution report must contain an affidavit or a
3-2 written declaration<,> executed by the committee's campaign
3-3 treasurer<,> that states that all the committee's reportable
3-4 activity has been reported.
3-5 SECTION 6. Subsection (f), 305.005, Government Code, is
3-6 amended to read as follows:
3-7 (f) The registration must be written and may be verified and
3-8 must contain:
3-9 (1) the registrant's full name and address;
3-10 (2) the registrant's normal business, business phone
3-11 number, and business address;
3-12 (3) the full name and address of each person:
3-13 (A) who reimburses, retains, or employs the
3-14 registrant to communicate directly with a member of the legislative
3-15 or executive branch to influence legislation or administrative
3-16 action; and
3-17 (B) on whose behalf the registrant has
3-18 communicated directly with a member of the legislative or executive
3-19 branch to influence legislation or administrative action;
3-20 (4) the subject matter and, if applicable, the bill
3-21 number, docket number, or other legislative or administrative
3-22 designation of the legislation or administrative action that is the
3-23 subject of the registrant's direct communication with a member of
3-24 the legislative or executive branch;
3-25 (5) for each person employed or retained by the
4-1 registrant for the purpose of assisting in direct communication
4-2 with a member of the legislative or executive branch to influence
4-3 legislation or administrative action:
4-4 (A) the full name, business address, occupation,
4-5 and date of employment or retention of the person by the
4-6 registrant; and
4-7 (B) the subject matter and, if applicable, the
4-8 bill number, docket number, or other administrative designation of
4-9 the legislation or administrative action to which the person's
4-10 activities reportable under this section were related; and
4-11 (6) the amount of compensation or reimbursement paid
4-12 by each person who reimburses, retains, or employs the registrant
4-13 for the purpose of communicating directly with a member of the
4-14 legislative or executive branch or on whose behalf the registrant
4-15 communicates directly with a member of the legislative or executive
4-16 branch.
4-17 SECTION 7. Subsection (a), Section 305.006, Government Code,
4-18 is amended to read as follows:
4-19 (a) Each registrant shall file with the commission a
4-20 written<, verified> report on a form prescribed by the commission
4-21 concerning the activities described by this section.
4-22 SECTION 8. Chapter 305, Government Code, is amended by
4-23 adding Section 305.0064 to read as follows:
4-24 Sec. 305.0064. VERIFICATION OR DECLARATION REQUIRED. A
4-25 report required to be filed by this chapter must be verified or
5-1 must contain the following statement before the space provided for
5-2 the signature of the registrant: "Under penalties of perjury, I
5-3 declare that to the best of my knowledge and belief, this report is
5-4 true and correct and includes all information required to be
5-5 reported by me under Chapter 305, Government Code."
5-6 SECTION 9. Subsection (a), Section 305.008, Government Code,
5-7 is amended to read as follows:
5-8 (a) A person who ceases to engage in activities requiring
5-9 registration under this chapter shall file a written<, verified>
5-10 statement with the commission <secretary> acknowledging the
5-11 termination of activities. The notice is effective immediately.
5-12 SECTION 10. This Act takes effect September 1, 1993.
5-13 SECTION 11. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.