1-1 AN ACT
1-2 relating to electronic reporting of certain political contributions
1-3 and political expenditures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 254.036, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
1-8 (a) Each report filed under this chapter with an authority other
1-9 than the commission must be on a form prescribed by the commission
1-10 and must be written in black ink or typed with black typewriter
1-11 ribbon unless the report is a computer printout. If the report is
1-12 a computer printout, the printout must conform to the same format
1-13 and paper size as the form prescribed by the commission.
1-14 (b) Except as provided by Subsection (c), (d), (e), (f), or
1-15 (g), each report filed under this chapter with the commission must
1-16 be filed by computer diskette, modem, or other means of electronic
1-17 transfer, using computer software provided by the commission or
1-18 computer software that meets commission specifications for a
1-19 standard file format.
1-20 (c) A candidate, officeholder, or political committee that
1-21 is required to file reports with the commission may file reports
1-22 that comply with Subsection (a) if the candidate, officeholder, or
1-23 campaign treasurer of the committee files with the commission an
1-24 affidavit stating that the candidate, officeholder, or committee,
2-1 an agent of the candidate, officeholder, or committee, or a person
2-2 with whom the candidate, officeholder, or committee contracts does
2-3 not use computer equipment to keep the current records of political
2-4 contributions, political expenditures, or persons making political
2-5 contributions to the candidate, officeholder, or committee. An
2-6 affidavit under this subsection must be filed with each report
2-7 filed under Subsection (a). The affidavit must include a statement
2-8 that the candidate, officeholder, or political committee
2-9 understands that if the candidate, officeholder, or committee, a
2-10 consultant of the candidate, officeholder, or committee, or a
2-11 person with whom the candidate, officeholder, or committee
2-12 contracts uses computer equipment for a purpose described by this
2-13 subsection, the candidate, officeholder, or committee is required
2-14 to file reports under Subsection (b).
2-15 (d) A candidate, officeholder, or political committee that
2-16 is required to file reports with the commission, other than a
2-17 candidate for or holder of a statewide office or a specific-purpose
2-18 committee for supporting or opposing such a candidate or assisting
2-19 such an officeholder, may file reports that comply with Subsection
2-20 (a) if the candidate or committee does not accept political
2-21 contributions that in the aggregate exceed $20,000 or make
2-22 political expenditures that in the aggregate exceed $20,000 in a
2-23 calendar year. A candidate, officeholder, or political committee
2-24 that exceeds $20,000 in political contributions or political
2-25 expenditures in a calendar year shall file reports as required by
2-26 Subsection (b) for:
2-27 (1) any reporting period during the calendar year in
3-1 which the limit prescribed by this subsection is exceeded, other
3-2 than a reporting period that has ended on the date the limit is
3-3 exceeded; and
3-4 (2) each reporting period during a calendar year
3-5 subsequent to the calendar year in which the limit is exceeded.
3-6 (e) A candidate for an office described by Section
3-7 252.005(5) or a specific-purpose committee for supporting or
3-8 opposing only candidates for an office described by Section
3-9 252.005(5) or a measure described by Section 252.007(5) may file
3-10 reports that comply with Subsection (a).
3-11 (f) An individual required to file a report with the
3-12 commission in connection with a direct campaign expenditure to
3-13 which Section 253.062 applies may file a report that complies with
3-14 Subsection (a).
3-15 (g) A person required to file a report with the commission
3-16 in connection with the office of district judge, district
3-17 attorney, or judge of a multicounty statutory county court may file
3-18 reports that comply with Subsection (a).
3-19 (h) Each report filed under this chapter that is not filed
3-20 by electronic transfer must be accompanied by an affidavit executed
3-21 by the person required to file the report. The affidavit must
3-22 contain the statement: "I swear, or affirm, under penalty of
3-23 perjury, that the accompanying report is true and correct and
3-24 includes all information required to be reported by me under Title
3-25 15, Election Code." Each report filed under this chapter by
3-26 electronic transfer must be under oath by the person required to
3-27 file the report and must contain, in compliance with commission
4-1 specifications, the digitized signature of the person required to
4-2 file the report. A report filed under this chapter is considered
4-3 to be under oath by the person required to file the report, and the
4-4 person is subject to prosecution under Chapter 37, Penal Code,
4-5 regardless of the absence of or a defect in the affidavit.
4-6 (i) Each person required to file reports with the commission
4-7 that comply with Subsection (b) shall file with the commission a
4-8 written statement providing the manner of electronic transfer that
4-9 the person will use to file the report. A statement under this
4-10 subsection must be filed not later than the 30th day before the
4-11 filing deadline for the first report a person is required to file
4-12 under Subsection (b). A person who intends to change the manner of
4-13 filing described by the person's most recent statement shall notify
4-14 the commission of the change not later than the 30th day before the
4-15 filing deadline for the report to which the change applies. If a
4-16 person does not file a statement under this subsection, the
4-17 commission may accept as authentic a report filed in any manner
4-18 that complies with Subsection (b). If the commission receives a
4-19 report that is not filed in the manner described by the person's
4-20 most recent statement under this subsection, the commission shall
4-21 promptly notify the person in writing that the commission has
4-22 received a report filed in a different manner than expected.
4-23 (j) [(c)] As part of the notification required by Section
4-24 251.033, the commission shall mail the appropriate forms to each
4-25 person required to file a report with the commission during that
4-26 reporting period.
4-27 (k) [(d)] The commission shall prescribe forms for purposes
5-1 of legislative caucus reports under Section 254.0311 that are
5-2 separate and distinct from forms for other reports under this
5-3 chapter.
5-4 (l) [(e) A report filed under this chapter is considered to
5-5 be under oath by the person required to file the report regardless
5-6 of the absence of or defect in the affidavit of verification,
5-7 including a signature.]
5-8 [(f) A person required to file a report under this chapter
5-9 is subject to prosecution under Chapter 37, Penal Code, regardless
5-10 of the absence of or defect in the affidavit of verification.]
5-11 [(g)] This section applies to a report that is filed
5-12 electronically or otherwise.
5-13 SECTION 2. Subchapter B, Chapter 254, Election Code, is
5-14 amended by adding Sections 254.0361 and 254.0362 to read as
5-15 follows:
5-16 Sec. 254.0361. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE.
5-17 (a) Computer software provided or approved by the commission for
5-18 use under Section 254.036(b) must:
5-19 (1) use a standardized format for the entry of names,
5-20 addresses, and zip codes;
5-21 (2) provide for secure and encoded transmission of
5-22 data from the computer of a person filing a report to the computers
5-23 used by the commission;
5-24 (3) be capable of being used by a person with basic
5-25 computing skills who uses a computer that uses a Windows operating
5-26 system, Macintosh operating system, or another operating system
5-27 that the commission determines is as popular as those systems for
6-1 use with personal computers; and
6-2 (4) permit a person using a computer to prepare a
6-3 report or to retrieve information from a report to import
6-4 information to the report from a variety of computer software
6-5 applications that meet commission specifications for a standard
6-6 file format or export information from the report to a variety of
6-7 computer software applications that meet commission specifications
6-8 for a standard file format without the need to reenter information.
6-9 (b) Before determining the specifications for computer
6-10 software developed, purchased, or licensed for use under Section
6-11 254.036, the commission shall conduct at least one public hearing
6-12 to discuss the specifications. For at least 10 days following the
6-13 hearing, the commission shall accept public comments concerning the
6-14 software specifications.
6-15 Sec. 254.0362. USE OF PUBLICLY ACCESSIBLE COMPUTER TERMINAL
6-16 FOR PREPARATION OF REPORTS. (a) Except as provided by Subsection
6-17 (d), a person who is required to file reports under this chapter
6-18 may use a publicly accessible computer terminal that has Internet
6-19 access and web browser software to prepare the reports.
6-20 (b) A public entity may prescribe reasonable restrictions on
6-21 the use of a publicly accessible computer terminal for preparation
6-22 of reports under this chapter, except that a public entity may not
6-23 prohibit a person from using a computer terminal for preparation of
6-24 reports during the public entity's regular business hours if the
6-25 person requests to use the computer terminal less than 48 hours
6-26 before a reporting deadline to which the person is subject.
6-27 (c) This section does not require a public entity to provide
7-1 a person with consumable materials, including paper and computer
7-2 diskettes, in conjunction with the use of a publicly accessible
7-3 computer terminal.
7-4 (d) An officeholder may not use a computer issued to the
7-5 officeholder for official use to prepare a report under this title.
7-6 (e) In this section:
7-7 (1) "Public entity" means a state agency, city,
7-8 county, or independent school district.
7-9 (2) "Publicly accessible computer terminal" means a
7-10 computer terminal that is normally available for use by members of
7-11 the public and that is owned by a state agency, an independent
7-12 school district, or a public library operated by a city or county.
7-13 SECTION 3. Subchapter B, Chapter 254, Election Code, is
7-14 amended by adding Sections 254.0401 and 254.0402 to read as
7-15 follows:
7-16 Sec. 254.0401. AVAILABILITY OF ELECTRONIC REPORTS ON
7-17 INTERNET. (a) Except as provided by Subsection (b), the
7-18 commission shall make each report filed with the commission under
7-19 Section 254.036(b) available to the public on the Internet not
7-20 later than the second business day after the date the report is
7-21 filed.
7-22 (b) Except as otherwise provided by this subsection, the
7-23 commission may not make a report filed with the commission under
7-24 Section 254.036(b) for a reporting deadline by any candidate for a
7-25 particular office or by a specific-purpose committee for supporting
7-26 or opposing only one candidate for a particular office available to
7-27 the public on the Internet until each candidate for that office and
8-1 each specific-purpose committee for supporting or opposing only one
8-2 candidate for that office, other than a candidate or committee to
8-3 which Section 254.036(c) or (d) applies, has filed a report for
8-4 that reporting deadline. Regardless of whether each candidate for
8-5 a particular office and each specific-purpose committee for
8-6 supporting or opposing only one candidate for that office has filed
8-7 a report for a filing deadline, the commission shall make each
8-8 report in connection with that office available on the Internet and
8-9 by any other electronic means on:
8-10 (1) the 21st day after the date of the filing
8-11 deadline, for a report other than a report required to be filed
8-12 under Section 254.064(c); or
8-13 (2) the fourth day after the date of the filing
8-14 deadline, for a report required to be filed under Section
8-15 254.064(c).
8-16 (c) Subsection (b) does not apply to a report filed under
8-17 Section 254.038.
8-18 (d) The access allowed by this section to reports is in
8-19 addition to the public's access to the information through other
8-20 electronic or print distribution of the information.
8-21 (e) Before making a report filed under Section 254.036(b)
8-22 available on the Internet, the commission shall remove each
8-23 portion, other than city, state, and zip code, of the address of a
8-24 person listed as having made a political contribution to the person
8-25 filing the report. The address information removed must remain
8-26 available on the report maintained in the commission's office but
8-27 may not be available electronically at that office.
9-1 Sec. 254.0402. PUBLIC INSPECTION OF REPORTS. (a)
9-2 Notwithstanding Section 552.222(a), Government Code, the authority
9-3 with whom a report is filed under this chapter may not require a
9-4 person examining the report to provide any information or
9-5 identification.
9-6 (b) The commission shall make information from reports filed
9-7 with the commission under Section 254.036(b) available by
9-8 electronic means, including:
9-9 (1) providing access to computer terminals at the
9-10 commission's office;
9-11 (2) providing information on computer diskette for
9-12 purchase at a reasonable cost; and
9-13 (3) providing modem or other electronic access to the
9-14 information.
9-15 SECTION 4. Section 254.041(a), Election Code, is amended to
9-16 read as follows:
9-17 (a) A person who is required by this chapter to file a
9-18 report commits an offense if the person knowingly fails:
9-19 (1) to file the report on time; [or]
9-20 (2) to file a report by computer diskette, modem, or
9-21 other means of electronic transfer, if the person is required to
9-22 file reports that comply with Section 254.036(b); or
9-23 (3) to include in the report information that is
9-24 required by this title to be included.
9-25 SECTION 5. This Act takes effect September 1, 1999.
9-26 SECTION 6. (a) Section 254.036, Election Code, as amended
9-27 by this Act, applies only to a report required to be filed under
10-1 Chapter 254, Election Code, on or after January 1, 2000. A report
10-2 required to be filed under Chapter 254, Election Code, before
10-3 January 1, 2000, may be filed in compliance with Section 254.036,
10-4 Election Code, as that section existed before amendment by this
10-5 Act, and the former law is continued in effect for that purpose.
10-6 (b) Notwithstanding Section 254.036, Election Code, as
10-7 amended by this Act, a person required to file a report under
10-8 Chapter 254, Election Code, that complies with Section 254.036(b),
10-9 Election Code, as amended by this Act, and that is required to be
10-10 filed on or after January 1, 2000, and before July 1, 2000, may
10-11 file a report that complies with Section 254.036(a), Election Code,
10-12 as amended by this Act, unless, not later than January 1, 2000:
10-13 (1) the Texas Ethics Commission has developed,
10-14 purchased, or obtained a license to use computer software that
10-15 complies with Section 254.0361, Election Code, as added by this
10-16 Act, and that permits a person to electronically file a report
10-17 under Chapter 254, Election Code, as required by Section 254.036,
10-18 Election Code, as amended by this Act, by using a publicly
10-19 accessible computer terminal, as defined by Section 254.0362,
10-20 Election Code, as added by this Act; and
10-21 (2) the commission has determined that the computer
10-22 software has been sufficiently tested and demonstrated to be
10-23 reliable when used with a publicly accessible computer terminal.
10-24 (c) Notwithstanding Section 254.036, Election Code, as
10-25 amended by this Act, a person required to file a report under
10-26 Chapter 254, Election Code, that complies with Section 254.036(b),
10-27 Election Code, as amended by this Act, and that is required to be
11-1 filed on or after July 1, 2000, and before January 1, 2001, may
11-2 file reports that comply with Section 254.036(a), Election Code, as
11-3 amended by this Act, unless, not later than July 1, 2000:
11-4 (1) the Texas Ethics Commission has developed,
11-5 purchased, or obtained a license to use computer software that
11-6 complies with Section 254.0361, Election Code, as added by this
11-7 Act, and that permits a person to electronically file a report
11-8 under Chapter 254, Election Code, as required by Section 254.036,
11-9 Election Code, as amended by this Act, by using a publicly
11-10 accessible computer terminal, as defined by Section 254.0362,
11-11 Election Code, as added by this Act; and
11-12 (2) the commission has determined that the computer
11-13 software has been sufficiently tested and demonstrated to be
11-14 reliable when used with a publicly accessible computer terminal.
11-15 (d) If, under Subsection (b) or (c) of this section, a
11-16 person is not required to file a report that complies with Section
11-17 254.036(b), Election Code, as amended by this Act, the person shall
11-18 either file a report that complies with Section 254.036(a),
11-19 Election Code, or Section 254.036(b), Election Code, as amended by
11-20 this Act.
11-21 SECTION 7. The importance of this legislation and the
11-22 crowded condition of the calendars in both houses create an
11-23 emergency and an imperative public necessity that the
11-24 constitutional rule requiring bills to be read on three several
11-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2611 was passed by the House on May
4, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2611 on May 26, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2611 on May 29, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2611 was passed by the Senate, with
amendments, on May 21, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2611 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor