76R13253 ESH-D
By Greenberg, Gallego, Madden, Uher, H.B. No. 2611
Danburg
Substitute the following for H.B. No. 2611:
By Danburg C.S.H.B. No. 2611
A BILL TO BE ENTITLED
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 solicit or acknowledge political
2-4 contributions or to keep records of political contributions,
2-5 political expenditures, or persons making political contributions
2-6 to the candidate, officeholder, or committee. An affidavit under
2-7 this subsection must be filed with each report filed under
2-8 Subsection (a). The affidavit must include a statement that the
2-9 candidate, officeholder, or political committee understands that if
2-10 the candidate, officeholder, or committee, a consultant of the
2-11 candidate, officeholder, or committee, or a person with whom the
2-12 candidate, officeholder, or committee contracts uses computer
2-13 equipment for a purpose described by this subsection, the
2-14 candidate, officeholder, or committee is required to file reports
2-15 under Subsection (b).
2-16 (d) A candidate, officeholder, or political committee that
2-17 is required to file reports with the commission, other than a
2-18 candidate for or holder of a statewide office or a specific-purpose
2-19 committee for supporting or opposing such a candidate or assisting
2-20 such an officeholder, may file reports that comply with Subsection
2-21 (a) if the candidate or committee does not accept political
2-22 contributions that in the aggregate exceed $20,000 or make
2-23 political expenditures that in the aggregate exceed $20,000 in a
2-24 calendar year. A candidate, officeholder, or political committee
2-25 that exceeds $20,000 in political contributions or political
2-26 expenditures in a calendar year shall file reports as required by
2-27 Subsection (b) for:
3-1 (1) any reporting period during the calendar year in
3-2 which the limit prescribed by this subsection is exceeded, other
3-3 than a reporting period that has ended on the date the limit is
3-4 exceeded; and
3-5 (2) each reporting period during a calendar year
3-6 subsequent to the calendar year in which the limit is exceeded.
3-7 (e) A candidate for an office described by Section
3-8 252.005(5) or a specific-purpose committee for supporting or
3-9 opposing only candidates for an office described by Section
3-10 252.005(5) or a measure described by Section 252.007(5) may file
3-11 reports that comply with Subsection (a).
3-12 (f) An individual required to file a report with the
3-13 commission in connection with a direct campaign expenditure to
3-14 which Section 253.062 applies may file a report that complies with
3-15 Subsection (a).
3-16 (g) A person required to file a report with the commission
3-17 in connection with the office of district judge, district
3-18 attorney, or judge of a multicounty statutory county court may file
3-19 reports that comply with Subsection (a).
3-20 (h) Each report filed under this chapter must be accompanied
3-21 by an affidavit executed by the person required to file the report.
3-22 The affidavit must contain the statement: "I swear, or affirm,
3-23 under penalty of perjury, that the accompanying report is true and
3-24 correct and includes all information required to be reported by me
3-25 under Title 15, Election Code." A report filed under this chapter
3-26 is considered to be under oath by the person required to file the
3-27 report, and the person is subject to prosecution under Chapter 37,
4-1 Penal Code, regardless of the absence of or a defect in the
4-2 affidavit.
4-3 (i) [(c)] As part of the notification required by Section
4-4 251.033, the commission shall mail the appropriate forms to each
4-5 person required to file a report with the commission during that
4-6 reporting period.
4-7 (j) [(d)] The commission shall prescribe forms for purposes
4-8 of legislative caucus reports under Section 254.0311 that are
4-9 separate and distinct from forms for other reports under this
4-10 chapter.
4-11 (k) [(e) A report filed under this chapter is considered to
4-12 be under oath by the person required to file the report regardless
4-13 of the absence of or defect in the affidavit of verification,
4-14 including a signature.]
4-15 [(f) A person required to file a report under this chapter
4-16 is subject to prosecution under Chapter 37, Penal Code, regardless
4-17 of the absence of or defect in the affidavit of verification.]
4-18 [(g)] This section applies to a report that is filed
4-19 electronically or otherwise.
4-20 SECTION 2. Subchapter B, Chapter 254, Election Code, is
4-21 amended by adding Sections 254.0361 and 254.0362 to read as
4-22 follows:
4-23 Sec. 254.0361. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE.
4-24 (a) Computer software provided or approved by the commission for
4-25 use under Section 254.036(b) must:
4-26 (1) use a standardized format for the entry of names,
4-27 addresses, and zip codes;
5-1 (2) provide for secure and encoded transmission of
5-2 data from the computer of a person filing a report to the computers
5-3 used by the commission;
5-4 (3) be capable of being used by a person with basic
5-5 computing skills who uses a computer that uses a Windows operating
5-6 system, Macintosh operating system, or another operating system
5-7 that the commission determines is as popular as those systems for
5-8 use with personal computers; and
5-9 (4) permit a person using a computer to prepare a
5-10 report or to retrieve information from a report to import
5-11 information to the report from a variety of computer software
5-12 applications or export information from the report to a variety of
5-13 computer software applications without the need to reenter
5-14 information.
5-15 (b) Before determining the specifications for computer
5-16 software developed, purchased, or licensed for use under Section
5-17 254.036, the commission shall conduct at least one public hearing
5-18 to discuss the specifications. For at least 10 days following the
5-19 hearing, the commission shall accept public comments concerning the
5-20 software specifications.
5-21 Sec. 254.0362. USE OF PUBLICLY ACCESSIBLE COMPUTER TERMINAL
5-22 FOR PREPARATION OF REPORTS. (a) Except as provided by Subsection
5-23 (d), a person who is required to file reports under this chapter
5-24 may use a publicly accessible computer terminal to prepare the
5-25 reports.
5-26 (b) A public entity may prescribe reasonable restrictions on
5-27 the use of a publicly accessible computer terminal for preparation
6-1 of reports under this chapter, except that a public entity may not
6-2 prohibit a person from using a computer terminal for preparation of
6-3 reports during the public entity's regular business hours if the
6-4 person requests to use the computer terminal less than 48 hours
6-5 before a reporting deadline to which the person is subject.
6-6 (c) This section does not require a public entity to provide
6-7 a person with consumable materials, including paper and computer
6-8 diskettes, in conjunction with the use of a publicly accessible
6-9 computer terminal.
6-10 (d) An officeholder may not use a computer issued to the
6-11 officeholder for official use to prepare a report under this title.
6-12 (e) In this section:
6-13 (1) "Public entity" means a state agency, city,
6-14 county, or independent school district.
6-15 (2) "Publicly accessible computer terminal" means a
6-16 computer terminal owned by a state agency, an independent school
6-17 district, or a public library operated by a city or county.
6-18 SECTION 3. Subchapter B, Chapter 254, Election Code, is
6-19 amended by adding Sections 254.0401 and 254.0402 to read as
6-20 follows:
6-21 Sec. 254.0401. AVAILABILITY OF ELECTRONIC REPORTS ON
6-22 INTERNET. (a) The commission shall make each report filed with
6-23 the commission under Section 254.036(b) available to the public on
6-24 the Internet not later than the second business day after the date
6-25 the report is filed.
6-26 (b) The access allowed by this section to reports is in
6-27 addition to the public's access to the information through other
7-1 electronic or print distribution of the information.
7-2 (c) Before making a report filed under this chapter
7-3 available on the Internet, the commission shall remove each
7-4 portion, other than city, state, and zip code, of the address of a
7-5 person listed as having made a political contribution to the person
7-6 filing the report. The address information removed must remain
7-7 available on the report maintained in the commission's office but
7-8 may not be available electronically at that office.
7-9 Sec. 254.0402. PUBLIC INSPECTION OF REPORTS. (a)
7-10 Notwithstanding Section 552.222(a), Government Code, the authority
7-11 with whom a report is filed under this chapter may not require a
7-12 person examining the report to provide any information or
7-13 identification.
7-14 (b) The commission shall make information from reports filed
7-15 with the commission under this chapter available by electronic
7-16 means, including:
7-17 (1) providing access to computer terminals at the
7-18 commission's office;
7-19 (2) providing information on computer diskette for
7-20 purchase at a reasonable cost; and
7-21 (3) providing modem or other electronic access to the
7-22 information.
7-23 SECTION 4. This Act takes effect September 1, 1999.
7-24 SECTION 5. (a) Section 254.036, Election Code, as amended
7-25 by this Act, applies only to a report required to be filed under
7-26 Chapter 254, Election Code, on or after January 1, 2000. A report
7-27 required to be filed under Chapter 254, Election Code, before
8-1 January 1, 2000, may be filed in compliance with Section 254.036,
8-2 Election Code, as that section existed before amendment by this
8-3 Act, and the former law is continued in effect for that purpose.
8-4 (b) Notwithstanding Section 254.036, Election Code, as
8-5 amended by this Act, a person required to file a report under
8-6 Chapter 254, Election Code, that complies with Section 254.036(b),
8-7 Election Code, as amended by this Act, and that is required to be
8-8 filed on or after January 1, 2000, and before July 1, 2000, may
8-9 file a report that complies with Section 254.036(a), Election Code,
8-10 as amended by this Act, unless, not later than January 1, 2000:
8-11 (1) the Texas Ethics Commission has developed,
8-12 purchased, or obtained a license to use computer software that
8-13 complies with Section 254.0361, Election Code, as added by this
8-14 Act, and that permits a person to electronically file a report
8-15 under Chapter 254, Election Code, as required by Section 254.036,
8-16 Election Code, as amended by this Act, by using a publicly
8-17 accessible computer terminal, as defined by Section 254.0362,
8-18 Election Code, as added by this Act; and
8-19 (2) the commission has determined that the computer
8-20 software has been sufficiently tested and demonstrated to be
8-21 reliable when used with a publicly accessible computer terminal.
8-22 (c) Notwithstanding Section 254.036, Election Code, as
8-23 amended by this Act, a person required to file a report under
8-24 Chapter 254, Election Code, that complies with Section 254.036(b),
8-25 Election Code, as amended by this Act, and that is required to be
8-26 filed on or after July 1, 2000, and before January 1, 2001, may
8-27 file reports that comply with Section 254.036(a), Election Code, as
9-1 amended by this Act, unless, not later than July 1, 2000:
9-2 (1) the Texas Ethics Commission has developed,
9-3 purchased, or obtained a license to use computer software that
9-4 complies with Section 254.0361, Election Code, as added by this
9-5 Act, and that permits a person to electronically file a report
9-6 under Chapter 254, Election Code, as required by Section 254.036,
9-7 Election Code, as amended by this Act, by using a publicly
9-8 accessible computer terminal, as defined by Section 254.0362,
9-9 Election Code, as added by this Act; and
9-10 (2) the commission has determined that the computer
9-11 software has been sufficiently tested and demonstrated to be
9-12 reliable when used with a publicly accessible computer terminal.
9-13 (d) If, under Subsection (b) or (c) of this section, a
9-14 person is not required to file a report that complies with Section
9-15 254.036(b), Election Code, as amended by this Act, the person shall
9-16 either file a report that complies with Section 254.036(a),
9-17 Election Code, or Section 254.036(b), Election Code, as amended by
9-18 this Act.
9-19 SECTION 6. The importance of this legislation and the
9-20 crowded condition of the calendars in both houses create an
9-21 emergency and an imperative public necessity that the
9-22 constitutional rule requiring bills to be read on three several
9-23 days in each house be suspended, and this rule is hereby suspended.