By Ellis S.B. No. 1780
75R3110 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures for and access to reports of political
1-3 contributions and expenditures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 251, Election Code, is
1-6 amended by adding Section 251.031 to read as follows:
1-7 Sec. 251.031. INDEX OF REPORTS; PUBLICATIONS. (a) The
1-8 commission shall:
1-9 (1) maintain separate indexes of reports filed with
1-10 the commission by candidates, officeholders, and political
1-11 committees under this title, publish the indexes regularly, and
1-12 make the indexes available for purchase; and
1-13 (2) produce and distribute a general index explaining
1-14 the types and location of records under this title that are
1-15 available for public use.
1-16 (b) The commission shall make information from the indexes
1-17 available by electronic means as provided for reports under Section
1-18 254.0401.
1-19 (c) The commission shall periodically publish a list of
1-20 candidates, officeholders, and political committees required to
1-21 file reports with the commission under this title that have failed
1-22 to do so.
1-23 (d) The commission shall annually publish a report
1-24 summarizing information contained in reports filed with the
2-1 commission under this title.
2-2 SECTION 2. Section 254.036, Election Code, is amended to
2-3 read as follows:
2-4 Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
2-5 (a) Except as provided by Subsection (b), (c), or (d), each report
2-6 filed with the commission under this chapter must be filed by
2-7 computer diskette, modem, or other means of electronic transfer,
2-8 using computer software designated by the commission or computer
2-9 software that meets commission specifications for a standard file
2-10 format.
2-11 (b) A candidate or political committee that is required to
2-12 file reports with the commission under this chapter may file
2-13 reports that comply with Subsection (e) if the candidate or
2-14 committee does not intend to accept political contributions that in
2-15 the aggregate exceed $1,000 or to make political expenditures that
2-16 in the aggregate exceed $1,000 in connection with the election.
2-17 The amount of a filing fee paid by a candidate is excluded from the
2-18 $1,000 maximum expenditure permitted under this subsection. A
2-19 candidate or political committee that exceeds $1,000 in political
2-20 contributions or political expenditures in the election shall file
2-21 reports as required by Subsection (a). To be entitled to file
2-22 reports under this subsection, a candidate or political committee
2-23 must file with the campaign treasurer appointment a written
2-24 declaration of intent not to exceed $1,000 in political
2-25 contributions or political expenditures in the election. The
2-26 declaration of intent must contain a statement that the candidate
2-27 or political committee understands that if the $1,000 maximum for
3-1 political contributions or political expenditures is exceeded, the
3-2 candidate or committee is required to file reports under Subsection
3-3 (a).
3-4 (c) An officeholder or a specific-purpose committee for
3-5 assisting an officeholder that is required to file reports with the
3-6 commission under this chapter may file reports that comply with
3-7 Subsection (e) if the officeholder or committee does not intend to
3-8 accept political contributions that in the aggregate exceed $1,000
3-9 or to make political expenditures that in the aggregate exceed
3-10 $1,000 in a reporting period under Section 254.093 or 254.123. An
3-11 officeholder or committee that exceeds $1,000 in political
3-12 contributions or political expenditures in a reporting period shall
3-13 file reports as required by Subsection (a). To be entitled to file
3-14 reports under this subsection, an officeholder or the campaign
3-15 treasurer of a committee must file with the commission a written
3-16 declaration of intent not to exceed $1,000 in political
3-17 contributions or political expenditures in a reporting period. The
3-18 declaration of intent must be filed not later than the first day of
3-19 the first reporting period to which it is intended to apply and
3-20 must contain a statement that the officeholder or committee
3-21 understands that if the $1,000 maximum for political contributions
3-22 or political expenditures is exceeded, the officeholder or
3-23 committee is required to file reports under Subsection (a).
3-24 (d) A candidate, officeholder, or political committee that
3-25 is required to file reports with the commission under this chapter
3-26 may file reports that comply with Subsection (e) if the candidate,
3-27 officeholder, or campaign treasurer of the committee files with the
4-1 commission an affidavit stating that the candidate, officeholder,
4-2 or committee or an agent of the candidate, officeholder, or
4-3 committee does not use computer equipment to solicit or acknowledge
4-4 political contributions or to keep records of political
4-5 contributions, political expenditures, or persons making political
4-6 contributions to the candidate, officeholder, or committee. An
4-7 affidavit under this subsection must be filed with each report
4-8 filed under Subsection (e). The affidavit must include a statement
4-9 that the candidate, officeholder, or political committee
4-10 understands that if the candidate, officeholder, or committee or an
4-11 agent of the candidate, officeholder, or committee uses computer
4-12 equipment for a purpose described by this subsection, the
4-13 candidate, officeholder, or committee is required to file reports
4-14 under Subsection (a).
4-15 (e) Each report filed under this chapter must be on a form
4-16 prescribed by the commission and must be written in black ink or
4-17 typed with black typewriter ribbon unless the report is a computer
4-18 printout. If the report is a computer printout, the printout must
4-19 conform to the same format and paper size as the form prescribed by
4-20 the commission.
4-21 (f) [(b)] Each report filed under this chapter must be
4-22 accompanied by an affidavit executed by the person required to file
4-23 the report. The affidavit must contain the statement: "I swear,
4-24 or affirm, that the accompanying report is true and correct and
4-25 includes all information required to be reported by me under Title
4-26 15, Election Code."
4-27 (g) [(c)] As part of the notification required by Section
5-1 251.033, the commission shall mail the appropriate forms to each
5-2 person required to file a report with the commission during that
5-3 reporting period.
5-4 (h) [(d)] The commission shall prescribe forms for purposes
5-5 of legislative caucus reports under Section 254.0311 that are
5-6 separate and distinct from forms for other reports under this
5-7 chapter.
5-8 SECTION 3. Subchapter B, Chapter 254, Election Code, is
5-9 amended by adding Section 254.0401 to read as follows:
5-10 Sec. 254.0401. PUBLIC INSPECTION OF REPORTS. (a) A report
5-11 filed under this chapter shall be made available for public
5-12 inspection at the office of the authority with whom the report or
5-13 copy is filed not later than the second business day after the date
5-14 the report is received.
5-15 (b) Notwithstanding Section 552.222(a), Government Code, the
5-16 authority with whom a report is filed under this chapter may not
5-17 require a person examining the report to provide any information or
5-18 identification.
5-19 (c) The commission shall make information from reports filed
5-20 with the commission under this chapter available by electronic
5-21 means, including:
5-22 (1) providing access to computer terminals at the
5-23 commission's office;
5-24 (2) providing information on computer diskette for
5-25 purchase at a reasonable cost; and
5-26 (3) providing modem or other electronic access to the
5-27 information.
6-1 SECTION 4. This Act takes effect September 1, 1997.
6-2 SECTION 5. Section 254.036, Election Code, as amended by
6-3 this Act, applies only to a report required to be filed with the
6-4 Texas Ethics Commission under Chapter 254, Election Code, on or
6-5 after January 1, 1998. A report required to be filed with the
6-6 Texas Ethics Commission under Chapter 254, Election Code, before
6-7 January 1, 1998, may be filed in compliance with Section 254.036,
6-8 Election Code, as that section existed before amendment by this
6-9 Act, and the former law is continued in effect for that purpose.
6-10 SECTION 6. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.