By Farrar H.B. No. 48
75R708 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for late filing of a report of political
1-3 contributions and expenditures or a personal financial disclosure
1-4 statement.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 254.042, Election Code, is amended to
1-7 read as follows:
1-8 Sec. 254.042. CIVIL PENALTY FOR LATE REPORT. (a) The
1-9 commission shall determine from any available evidence whether a
1-10 report, other than a telegram report under Section 254.038 or
1-11 254.039, required to be filed with the commission under this
1-12 chapter is late. On making that determination, the commission
1-13 shall immediately mail a notice of the determination to the person
1-14 required to file the report.
1-15 (b) If a report is determined to be late, the person
1-16 required to file the report is civilly liable to the state for an
1-17 amount determined by commission rule, but, except as provided by
1-18 Subsection (c), not to exceed $100 for each day that the report is
1-19 late.
1-20 (c) The minimum penalty under this section is:
1-21 (1) $500, for the first incident in which a report is
1-22 late; or
1-23 (2) $1,000, for the second or subsequent incident in
1-24 which a report is late.
2-1 (d) If a report is more than 30 days late, the commission
2-2 shall issue a warning of liability by registered mail to the person
2-3 required to file the report. If the penalty is not paid before the
2-4 10th day after the date on which the warning is received, the
2-5 person is liable for a penalty in an amount determined by
2-6 commission rule, but not to exceed $10,000.
2-7 (e) The commission may adopt rules under which a penalty
2-8 imposed under this section may be waived if waiver is in the public
2-9 interest and the interest of justice.
2-10 (f) [(c)] A penalty paid voluntarily under this section
2-11 shall be deposited in the State Treasury to the credit of the
2-12 General Revenue Fund.
2-13 SECTION 2. Section 572.033, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 572.033. CIVIL PENALTY. (a) The commission shall
2-16 determine from any available evidence whether a statement required
2-17 to be filed under this subchapter is late. On making a
2-18 determination that the statement is late, the commission shall
2-19 immediately mail a notice of the determination to the individual
2-20 responsible for filing the statement and to the appropriate
2-21 attorney for the state.
2-22 (b) If a statement is determined to be late, the individual
2-23 responsible for filing the statement is civilly liable to the state
2-24 for an amount determined by commission rule, but, except as
2-25 provided by Subsection (c), not to exceed $100 for each day that
2-26 the statement is late.
2-27 (c) The minimum penalty under this subsection is:
3-1 (1) $500, for the first incident in which a statement
3-2 is late; or
3-3 (2) $1,000, for the second or subsequent incident in
3-4 which a statement is late.
3-5 (d) If a statement is more than 30 days late, the commission
3-6 shall issue a warning of liability by registered mail to the
3-7 individual responsible for the filing. If the penalty is not paid
3-8 before the 10th day after the date on which the warning is
3-9 received, the individual is liable for a civil penalty in an amount
3-10 determined by commission rule, but not to exceed $10,000.
3-11 (e) The commission may adopt rules under which a penalty
3-12 imposed under this section may be waived if waiver is in the public
3-13 interest and the interest of justice.
3-14 (f) [(c)] This section is cumulative of any other available
3-15 sanction for a late filing of a sworn statement.
3-16 SECTION 3. This Act takes effect September 1, 1997, and
3-17 applies only to a report under Chapter 254, Election Code, or a
3-18 financial statement under Chapter 572, Government Code, that is due
3-19 on or after that date. A report under Chapter 254, Election Code,
3-20 or a financial statement under Chapter 572, Government Code, that
3-21 is due before September 1, 1997, is governed by the law in effect
3-22 August 31, 1997, and that law is continued in effect for that
3-23 purpose.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.