HBA-GUM, RBT H.B. 2611 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2611
By: Greenberg
Elections
8/2/1999
Enrolled

BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, paper reports could be filed with the
Ethics Commission. Interested parties could only access the reports by
traveling to the Ethics Commission office in Austin. H.B. 2611 requires
candidates and officeholders to file reports with the Ethics Commission
electronically rather than on paper.   H.B. 2611 requires the Ethics
Commission to post electronically filed reports on the Internet, thereby
making them accessible to all interested parties without unusual expense.
This bill does provide exemptions from the requirement to file
electronically when the candidate or officeholder does not receive or spend
more than $20,000 and when they do not use a computer to maintain their
list of contributions and expenditures. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 254.036, Election Code, as follows:

Sec.  254.036.  FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.  (a)  Provides
that each report filed under this chapter with an authority other than the
commission must be on a form prescribed by the Texas Ethics Commission
(commission).   

(b)  Provides that each report filed under this chapter with the commission
must be filed by computer diskette, modem, or other means of electronic
transfer, using computer software provided by the commission or computer
software that meets commission specifications for a standard file format. 

(c)  Authorizes a candidate, officeholder, or political committee that is
required to file reports with the commission to file reports that comply
with Subsection (a) if the candidate, officeholder, or campaign treasurer
of the committee files with the commission an affidavit stating that the
candidate, officeholder, or committee, an agent of the candidate,
officeholder, or committee, or a person with whom the candidate,
officeholder, or committee contracts does not use computer equipment to
solicit or acknowledge political contributions or to keep records of
political contribution, political expenditures, or persons making political
contributions to the candidate, officeholder, or committee. Provides that
an affidavit under this subsection must be filed with each report filed
under Subsection (a).  Provides that the affidavit must include a statement
and sets forth the contents of the statement. 

(d)  Sets forth that the circumstances in which a candidate, officeholder,
or political committee that is required to file reports with the
commission, other than a candidate for or a holder of a statewide office or
a specific-purpose committee for supporting or opposing such a candidate or
assisting such an officeholder,  may file reports that comply with
Subsection (a) are: if the candidate or committee does not accept political
contributions that in the aggregate exceed $20,000 or make political
expenditures that in the aggregate exceed $20,000 in a calendar year.
Requires a candidate, officeholder, or political committee that exceeds the
limit to file the report as required by Subsection(b) for any reporting
period during the calendar year in which the limit was exceeded, other
than a reporting period that has ended on the date the limit is exceeded
and each reporting period during a calendar year subsequent to the calendar
year in which the limit is exceeded..  

(e)  Authorizes a candidate for an office described by Section 252.005(5)
or a specificpurpose committee for supporting or opposing only candidates
for an office described by Section 252.005(5) or a measure described by
Section 252.007(5) to file reports that comply with Subsection (a) 

(f)  Authorizes an individual required to file a report with the commission
in connection with specified direct campaign expenditures to file a report
that complies with Subsection (a). 

(g)  Authorizes a person required to file a report with the commission in
connection with the office of district judge, district attorney, or judge
of a multi county statutory county court to file reports that comply with
Subsection (a). 

(h)  Adds language to specify the requirement of an affidavit to file a
report applies to a report that is not filed by electronic transfer.
Provides that a report filed under this chapter by electronic transfer must
be under oath by the person required to file the report, and must contain
the digitized signature of the person required to file the report.
Provides that a report filed under this chapter is considered to be under
oath by the person required to file the report, and the person is subject
to prosecution regardless of the absence or a defect in the affidavit. 

(i)  Requires each person required to file reports with the commission that
comply with Subsection (b) to file with the commission a written statement
providing the manner of electronic transfer that the person will use to
file the report not later than the 30th day before the filing deadline for
the first report.  Requires a person who intends to change the manner of
filing to notify the commission of the change not later than the 30th day
before the filing deadline for the report to which the change applies.
Authorizes the commission to accept as authentic a report filed in any
manner that complies with Subsection (b), if a statement is not filed by
the person.   Requires the commission to promptly notify the person in
writing that the commission has received a report filed in a different
manner than expected if the commission receives a report that is not filed
in the manner described by the person's most recent statement. 

(j) Redesignated from Subsection (c).

(k) Redesignated from Subsection (d).

(l) Redesignated from Subsection (g).

SECTION 2.  Amends Subchapter B, Chapter 254, Election Code, by adding
Sections 254.0361 and 254.0362, as follows: 

Sec.  254.0361.  REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE.  Sets forth
requirements for computer software provided or approved by the commission
for use under Section 254.036(b).  Requires the commission to conduct at
least one public hearing to discuss specifications for computer software
developed, purchased, or licensed for use under Section 254.036 before
determining the specifications.  Requires the commission to accept public
comments concerning the software specifications for at least 10 days. 

Sec.  254.0362.  USE OF PUBLICLY ACCESSIBLE COMPUTER TERMINAL FOR
PREPARATION OF REPORTS.  (a) Authorizes a person who is required to file
reports under this chapter to use a publicly accessible computer terminal
that has Internet access and web browser software to prepare the reports.   

(b) Authorizes a public entity to prescribe reasonable restrictions on the
use of a publicly  accessible computer terminal for preparation of reports
under this chapter, except that a public entity may not prohibit a person
from using a computer terminal for preparation of reports during the public
entity's regular business hours if the person requests to use the computer
terminal less than 48 hours before a reporting deadline to which the person
is subject.   

(c) Provides that this section does not require a public entity to proved a
person with consumable materials, including paper and computer diskettes,
in conjunction with the use of a publicly accessible computer terminal. 

(d) Prohibits an officeholder from using a computer issued to the
officeholder for official use to prepare a report under this title. 

(e) Defines "public entity" and "publicly accessible computer terminal."

SECTION 3.  Amends Subchapter B, Chapter 254, Election Code, by adding
Sections 254.0401 and 254.0402, as follows: 

Sec.  254.0401.  AVAILABILITY OF ELECTRONIC REPORTS ON INTERNET.  (a)
Requires the commission to make each report filed with the commission under
Section 254.036(b) available to the public on the Internet within two days
after the report is filed.   

(b)  Prohibits the commission from making a report filed with the
commission under Section 254.036(b) for a reporting deadline by any
candidate for a particular office or by a specific-purpose committee for
supporting or opposing only one candidate for a particular office available
to the public on the Internet until each candidate for that office and each
specific-purpose committee for supporting or opposing only one candidate
for that office, other than a candidate or committee to which Section
254.036(c) or (d) applies, has filed a report for that reporting deadline.
Requires the commission to make each report in connection with that office
available on the Internet and by any other electronic means on the 21st day
after the date of the filing deadline, for a report other than a report
required to be filed under Section 254.064(c), or the fourth day after the
date of the filing deadline, for a report required to be filed under
Section 254.064(c). 

(c)  Provides that Subsection (b) does not apply to a report filed under
Section 254.038. 

(d)  Provides that this access to reports is in addition to the public's
access to the information through other means, except as provided by
Subsection (b).   

(e)  Requires the commission to remove the address, except for city, state,
and zip code, of each person listed as having made a political contribution
before placing the report on the Internet.  Provides that the address
information removed must remain available on the report maintained in the
commission's office but may not be available electronically at that office. 

Sec.  254.0402.  PUBLIC INSPECTION OF REPORTS.  Prohibits the authority
with whom a report is filed under this chapter from requiring a person
examining the report to provide any information or identification.
Requires the commission to make information from reports filed with the
commission under Section 254.036(b) available by electronic means including
providing access to computer terminals at the commission's office,
providing information on computer diskette for purchase at a reasonable
cost, and providing modem or other electronic access to the information. 

SECTION 4.  Amends Section 254.041(a), Election Code, by adding language to
provide that a person who is required by this chapter to file a report
commits an offense if the person knowingly fails to file a report by
computer diskette, modem, or other means of electronic transfer, if the
person is required to file reports that comply with Section 254.036(b).
Makes conforming changes. 

SECTION 5.  Effective date: September 1, 1999.
 
SECTION 6.  Makes application of Section 254.036, Election Code prospective
to January 1, 2000. Authorizes a person who is required to file a report
under Section 254.036(b) to file a report under Section 254.036(a) as
amended by this Act unless not later than January 1, 2000:  the commission
has developed, purchased, or obtained a license to use computer software
that complies with Section 254.0361, Election Code, as added by this Act,
and that permits a person to electronically file a report under Chapter
254, Election Code, as required by Section 254.036, Election Code, as
amended by this Act, by using a publicly accessibly computer terminal, as
defined by Section 254.0362, Election Code, as added by this Act, and; the
commission has determined that the computer software has been sufficiently
tested and demonstrated to be reliable when used with a publicly accessible
computer terminal. 

SECTION 7.  Emergency clause.