By Talton                                               H.B. No. 90

      75R1375 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the verification of reports of political contributions

 1-3     and political expenditures.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 254, Election Code, is

 1-6     amended by adding Section 254.0361 to read as follows:

 1-7                        Sec. 254.0361.  VERIFICATION OF REPORTS.  (a)

 1-8     Each report filed under this  chapter must be accompanied by an

 1-9     affidavit executed by the person required to file the report.  The

1-10     affidavit must contain the statement:  "I swear, or affirm, that

1-11     the accompanying report is true and correct and includes all

1-12     information required to be reported by me under Title 15, Election

1-13     Code."

1-14           (b)  A report filed under this chapter is considered to be

1-15     under oath by the person required to file the report regardless of

1-16     the absence of or defect in the affidavit of verification,

1-17     including a signature.

1-18           (c)  A person required to file a report under this chapter is

1-19     subject to prosecution under Chapter 37, Penal Code, regardless of

1-20     the absence of or defect in the affidavit of verification.

1-21           (d)  This section applies to a report that is filed

1-22     electronically or otherwise.

1-23           SECTION 2.  Section 254.036, Election Code, is amended to

1-24     read as follows:

 2-1           Sec. 254.036.  FORM OF REPORT; [AFFIDAVIT;] MAILING OF FORMS.

 2-2     (a)  Each report filed under this chapter must be on a form

 2-3     prescribed by the commission and must be written in black ink or

 2-4     typed with black typewriter ribbon unless the report is a computer

 2-5     printout.  If the report is a computer printout, the printout must

 2-6     conform to the same format and paper size as the form prescribed by

 2-7     the commission.

 2-8           (b)  [Each report filed under this chapter must be

 2-9     accompanied by an affidavit executed by the person required to file

2-10     the report.  The affidavit must contain the statement:  "I swear,

2-11     or affirm, that the accompanying report is true and correct and

2-12     includes all information required to be reported by me under Title

2-13     15, Election Code."]

2-14           [(c)]  As part of the notification required by Section

2-15     251.033, the commission shall mail the appropriate forms to each

2-16     person required to file a report with the commission during that

2-17     reporting period.

2-18           (c) [(d)]  The commission shall prescribe forms for purposes

2-19     of legislative caucus reports under Section 254.0311 that are

2-20     separate and distinct from forms for other reports under this

2-21     chapter.

2-22           SECTION 3.  (a)  This Act takes effect September 1, 1997.

2-23           (b)  This Act applies only to a report under Chapter 254,

2-24     Election Code, that is required to be filed on or after the

2-25     effective date of this Act.  A report under Chapter 254, Election

2-26     Code, that is required to be filed before the effective date of

2-27     this Act is governed by the law in effect on the date the report is

 3-1     required to be filed, and that law is continued in effect for that

 3-2     purpose.

 3-3           SECTION 4.  The importance of this legislation and the

 3-4     crowded condition of the calendars in both houses create an

 3-5     emergency and an imperative public necessity that the

 3-6     constitutional rule requiring bills to be read on three several

 3-7     days in each house be suspended, and this rule is hereby suspended.