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.