By Greenberg H.B. No. 2611
76R7951 ESH-D
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 committee does not intend to accept political contributions or make
1-24 political expenditures that exceed the applicable limit prescribed
2-1 by Subsection (d) or (e) and the candidate, officeholder, or
2-2 campaign treasurer of the committee files with the commission an
2-3 affidavit stating that the candidate, officeholder, or committee,
2-4 an agent of the candidate, officeholder, or committee, or a person
2-5 with whom the candidate, officerholder, or committee contracts does
2-6 not use computer equipment to solicit or acknowledge political
2-7 contributions or to keep records of political contributions,
2-8 political expenditures, or persons making political contributions
2-9 to the candidate, officeholder, or committee. An affidavit under
2-10 this subsection must be filed with each report filed under
2-11 Subsection (a). The affidavit must include a statement that the
2-12 candidate, officeholder, or political committee understands that if
2-13 the candidate, officeholder, or committee, an agent of the
2-14 candidate, officeholder, or committee, or a person with whom the
2-15 candidate, officeholder, or committee contracts uses computer
2-16 equipment for a purpose described by this subsection, the
2-17 candidate, officeholder, or committee is required to file reports
2-18 under Subsection (b).
2-19 (d) A candidate or political committee that is required to
2-20 file reports with the commission may file reports that comply with
2-21 Subsection (a) if the candidate or committee does not intend to
2-22 accept political contributions that in the aggregate exceed $20,000
2-23 or to make political expenditures that in the aggregate exceed
2-24 $20,000 in connection with the election. The amount of a filing
2-25 fee paid by a candidate is excluded from the $20,000 maximum
2-26 expenditure permitted under this subsection. A candidate or
2-27 political committee that exceeds $20,000 in political contributions
3-1 or political expenditures in connection with the election shall
3-2 file reports as required by Subsection (b). To be entitled to file
3-3 reports under this subsection, a candidate or political committee
3-4 must file with the campaign treasurer appointment a written
3-5 declaration of intent not to exceed $20,000 in political
3-6 contributions or political expenditures in connection with the
3-7 election. The declaration of intent must contain a statement that
3-8 the candidate or political committee understands that if the
3-9 $20,000 maximum for political contributions or political
3-10 expenditures is exceeded, the candidate or committee is required to
3-11 file reports under Subsection (b).
3-12 (e) An officeholder or a specific-purpose committee for
3-13 assisting an officeholder that is required to file reports with the
3-14 commission may file reports that comply with Subsection (a) if the
3-15 officeholder or committee does not intend to accept political
3-16 contributions that in the aggregate exceed $20,000 or to make
3-17 political expenditures that in the aggregate exceed $20,000 in a
3-18 reporting period under Section 254.093 or 254.123. An officeholder
3-19 or specific-purpose committee that exceeds $20,000 in political
3-20 contributions or political expenditures in a reporting period shall
3-21 file reports as required by Subsection (b). To be entitled to file
3-22 reports under this subsection, an officeholder or the campaign
3-23 treasurer of a specfic-purpose committee must file with the
3-24 commission a written declaration of intent not to exceed $20,000 in
3-25 political contributions or political expenditures in a reporting
3-26 period. The declaration of intent must be filed not later than the
3-27 first day of the first reporting period to which it is intended to
4-1 apply and must contain a statement that the officeholder or
4-2 specific-purpose committee understands that if the $20,000 maximum
4-3 for political contributions or political expenditures is exceeded,
4-4 the officeholder or committee is required to file reports under
4-5 Subsection (b).
4-6 (f) A candidate for an office described by Section
4-7 252.005(5) or a specific-purpose committee for supporting or
4-8 opposing only candidates for an office described by Section
4-9 252.005(5) or a measure described by Section 252.007(5) may file
4-10 reports that comply with Subsection (a).
4-11 (g) An individual required to file a report with the
4-12 commission in connection with a direct campaign expenditure to
4-13 which Section 253.062 applies may file a report that complies with
4-14 Subsection (a).
4-15 (h) Each report filed under this chapter must be accompanied
4-16 by an affidavit executed by the person required to file the report.
4-17 The affidavit must contain the statement: "I swear, or affirm,
4-18 under penalty of perjury, that the accompanying report is true and
4-19 correct and includes all information required to be reported by me
4-20 under Title 15, Election Code." A report filed under this chapter
4-21 is considered to be under oath by the person required to file the
4-22 report, and the person is subject to prosecution under Chapter 37,
4-23 Penal Code, regardless of the absence of or a defect in the
4-24 affidavit.
4-25 (i) [(c)] As part of the notification required by Section
4-26 251.033, the commission shall mail the appropriate forms to each
4-27 person required to file a report with the commission during that
5-1 reporting period.
5-2 (j) [(d)] The commission shall prescribe forms for purposes
5-3 of legislative caucus reports under Section 254.0311 that are
5-4 separate and distinct from forms for other reports under this
5-5 chapter.
5-6 (k) [(e) A report filed under this chapter is considered to
5-7 be under oath by the person required to file the report regardless
5-8 of the absence of or defect in the affidavit of verification,
5-9 including a signature.]
5-10 [(f) A person required to file a report under this chapter
5-11 is subject to prosecution under Chapter 37, Penal Code, regardless
5-12 of the absence of or defect in the affidavit of verification.]
5-13 [(g)] This section applies to a report that is filed
5-14 electronically or otherwise.
5-15 SECTION 2. Subchapter B, Chapter 254, Election Code, is
5-16 amended by adding Section 254.0401 to read as follows:
5-17 Sec. 254.0401. AVAILABILITY OF REPORTS ON INTERNET. (a)
5-18 The commission shall make each report filed with the commission
5-19 under this chapter available to the public on the Internet within a
5-20 reasonable time after the report is filed.
5-21 (b) The access allowed by this section to reports is in
5-22 addition to the public's access to the information through other
5-23 electronic or print distribution of the information.
5-24 (c) Before making a report filed under this chapter
5-25 available on the Internet, the commission shall remove the address
5-26 of each person listed as having made a political contribution to
5-27 the person filing the report.
6-1 SECTION 3. This Act takes effect September 1, 1999.
6-2 SECTION 4. (a) Section 254.036, Election Code, as amended
6-3 by this Act, applies only to a report required to be filed under
6-4 Chapter 254, Election Code, on or after January 1, 2000. A report
6-5 required to be filed under Chapter 254, Election Code, before
6-6 January 1, 2000, may be filed in compliance with Section 254.036,
6-7 Election Code, as that section existed before amendment by this
6-8 Act, and the former law is continued in effect for that purpose.
6-9 (b) Not later than February 1, 2000, the Texas Ethics
6-10 Commission shall make reports filed with the commission under
6-11 Chapter 254, Election Code, available to the public on the Internet
6-12 as required by Section 254.0401, Election Code, as added by this
6-13 Act. This subsection applies only to a report required to be filed
6-14 under Chapter 254, Election Code, on or after January 1, 2000.
6-15 SECTION 5. The importance of this legislation and the
6-16 crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended.