1-1 By: Greenberg, et al. (Senate Sponsor - Moncrief) H.B. No. 2611
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to electronic reporting of certain political contributions
1-9 and political expenditures.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 254.036, Election Code, is amended to
1-12 read as follows:
1-13 Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
1-14 (a) Each report filed under this chapter with an authority other
1-15 than the commission must be on a form prescribed by the commission
1-16 and must be written in black ink or typed with black typewriter
1-17 ribbon unless the report is a computer printout. If the report is
1-18 a computer printout, the printout must conform to the same format
1-19 and paper size as the form prescribed by the commission.
1-20 (b) Except as provided by Subsection (c), (d), (e), (f), or
1-21 (g), each report filed under this chapter with the commission must
1-22 be filed by computer diskette, modem, or other means of electronic
1-23 transfer, using computer software provided by the commission or
1-24 computer software that meets commission specifications for a
1-25 standard file format.
1-26 (c) A candidate, officeholder, or political committee that
1-27 is required to file reports with the commission may file reports
1-28 that comply with Subsection (a) if the candidate, officeholder, or
1-29 campaign treasurer of the committee files with the commission an
1-30 affidavit stating that the candidate, officeholder, or committee,
1-31 an agent of the candidate, officeholder, or committee, or a person
1-32 with whom the candidate, officeholder, or committee contracts does
1-33 not use computer equipment to keep records of political
1-34 contributions, political expenditures, or persons making political
1-35 contributions to the candidate, officeholder, or committee. An
1-36 affidavit under this subsection must be filed with each report
1-37 filed under Subsection (a). The affidavit must include a statement
1-38 that the candidate, officeholder, or political committee
1-39 understands that if the candidate, officeholder, or committee, a
1-40 consultant of the candidate, officeholder, or committee, or a
1-41 person with whom the candidate, officeholder, or committee
1-42 contracts uses computer equipment for a purpose described by this
1-43 subsection, the candidate, officeholder, or committee is required
1-44 to file reports under Subsection (b).
1-45 (d) A candidate, officeholder, or political committee that
1-46 is required to file reports with the commission, other than a
1-47 candidate for or holder of a statewide office or a specific-purpose
1-48 committee for supporting or opposing such a candidate or assisting
1-49 such an officeholder, may file reports that comply with Subsection
1-50 (a) if the candidate or committee does not accept political
1-51 contributions that in the aggregate exceed $20,000 or make
1-52 political expenditures that in the aggregate exceed $20,000 in a
1-53 calendar year. A candidate, officeholder, or political committee
1-54 that exceeds $20,000 in political contributions or political
1-55 expenditures in a calendar year shall file reports as required by
1-56 Subsection (b) for:
1-57 (1) any reporting period during the calendar year in
1-58 which the limit prescribed by this subsection is exceeded, other
1-59 than a reporting period that has ended on the date the limit is
1-60 exceeded; and
1-61 (2) each reporting period during a calendar year
1-62 subsequent to the calendar year in which the limit is exceeded.
1-63 (e) A candidate for an office described by Section
1-64 252.005(5) or a specific-purpose committee for supporting or
2-1 opposing only candidates for an office described by Section
2-2 252.005(5) or a measure described by Section 252.007(5) may file
2-3 reports that comply with Subsection (a).
2-4 (f) An individual required to file a report with the
2-5 commission in connection with a direct campaign expenditure to
2-6 which Section 253.062 applies may file a report that complies with
2-7 Subsection (a).
2-8 (g) A person required to file a report with the commission
2-9 in connection with the office of district judge, district
2-10 attorney, or judge of a multicounty statutory county court may file
2-11 reports that comply with Subsection (a).
2-12 (h) Each report filed under this chapter that is not filed
2-13 by electronic transfer must be accompanied by an affidavit executed
2-14 by the person required to file the report. The affidavit must
2-15 contain the statement: "I swear, or affirm, under penalty of
2-16 perjury, that the accompanying report is true and correct and
2-17 includes all information required to be reported by me under Title
2-18 15, Election Code." Each report filed under this chapter by
2-19 electronic transfer must be under oath by the person required to
2-20 file the report and must contain, in compliance with commission
2-21 specifications, the digitized signature of the person required to
2-22 file the report. A report filed under this chapter is considered
2-23 to be under oath by the person required to file the report, and the
2-24 person is subject to prosecution under Chapter 37, Penal Code,
2-25 regardless of the absence of or a defect in the affidavit.
2-26 (i) [(c)] As part of the notification required by Section
2-27 251.033, the commission shall mail the appropriate forms to each
2-28 person required to file a report with the commission during that
2-29 reporting period.
2-30 (j) [(d)] The commission shall prescribe forms for purposes
2-31 of legislative caucus reports under Section 254.0311 that are
2-32 separate and distinct from forms for other reports under this
2-33 chapter.
2-34 (k) [(e) A report filed under this chapter is considered to
2-35 be under oath by the person required to file the report regardless
2-36 of the absence of or defect in the affidavit of verification,
2-37 including a signature.]
2-38 [(f) A person required to file a report under this chapter
2-39 is subject to prosecution under Chapter 37, Penal Code, regardless
2-40 of the absence of or defect in the affidavit of verification.]
2-41 [(g)] This section applies to a report that is filed
2-42 electronically or otherwise.
2-43 SECTION 2. Subchapter B, Chapter 254, Election Code, is
2-44 amended by adding Sections 254.0361 and 254.0362 to read as
2-45 follows:
2-46 Sec. 254.0361. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE.
2-47 (a) Computer software provided or approved by the commission for
2-48 use under Section 254.036(b) must:
2-49 (1) use a standardized format for the entry of names,
2-50 addresses, and zip codes;
2-51 (2) provide for secure and encoded transmission of
2-52 data from the computer of a person filing a report to the computers
2-53 used by the commission;
2-54 (3) be capable of being used by a person with basic
2-55 computing skills who uses a computer that uses a Windows operating
2-56 system, Macintosh operating system, or another operating system
2-57 that the commission determines is as popular as those systems for
2-58 use with personal computers; and
2-59 (4) permit a person using a computer to prepare a
2-60 report or to retrieve information from a report to import
2-61 information to the report from a variety of computer software
2-62 applications that meet commission specifications for a standard
2-63 file format or export information from the report to a variety of
2-64 computer software applications that meet commission specifications
2-65 for a standard file format without the need to reenter information.
2-66 (b) Before determining the specifications for computer
2-67 software developed, purchased, or licensed for use under Section
2-68 254.036, the commission shall conduct at least one public hearing
2-69 to discuss the specifications. For at least 10 days following the
3-1 hearing, the commission shall accept public comments concerning the
3-2 software specifications.
3-3 Sec. 254.0362. USE OF PUBLICLY ACCESSIBLE COMPUTER TERMINAL
3-4 FOR PREPARATION OF REPORTS. (a) Except as provided by Subsection
3-5 (d), a person who is required to file reports under this chapter
3-6 may use a publicly accessible computer terminal that has Internet
3-7 access and web browser software to prepare the reports.
3-8 (b) A public entity may prescribe reasonable restrictions on
3-9 the use of a publicly accessible computer terminal for preparation
3-10 of reports under this chapter, except that a public entity may not
3-11 prohibit a person from using a computer terminal for preparation of
3-12 reports during the public entity's regular business hours if the
3-13 person requests to use the computer terminal less than 48 hours
3-14 before a reporting deadline to which the person is subject.
3-15 (c) This section does not require a public entity to provide
3-16 a person with consumable materials, including paper and computer
3-17 diskettes, in conjunction with the use of a publicly accessible
3-18 computer terminal.
3-19 (d) An officeholder may not use a computer issued to the
3-20 officeholder for official use to prepare a report under this title.
3-21 (e) In this section:
3-22 (1) "Public entity" means a state agency, city,
3-23 county, or independent school district.
3-24 (2) "Publicly accessible computer terminal" means a
3-25 computer terminal that is normally available for use by members of
3-26 the public and that is owned by a state agency, an independent
3-27 school district, or a public library operated by a city or county.
3-28 SECTION 3. Subchapter B, Chapter 254, Election Code, is
3-29 amended by adding Sections 254.0401 and 254.0402 to read as
3-30 follows:
3-31 Sec. 254.0401. AVAILABILITY OF ELECTRONIC REPORTS ON
3-32 INTERNET. (a) The commission shall make each report filed with
3-33 the commission under Section 254.036(b) available to the public on
3-34 the Internet not later than the second business day after the date
3-35 the report is filed.
3-36 (b) The access allowed by this section to reports is in
3-37 addition to the public's access to the information through other
3-38 electronic or print distribution of the information.
3-39 (c) Before making a report filed under Section 254.036(b)
3-40 available on the Internet, the commission shall remove each
3-41 portion, other than city, state, and zip code, of the address of a
3-42 person listed as having made a political contribution to the person
3-43 filing the report. The address information removed must remain
3-44 available on the report maintained in the commission's office but
3-45 may not be available electronically at that office.
3-46 Sec. 254.0402. PUBLIC INSPECTION OF REPORTS. (a)
3-47 Notwithstanding Section 552.222(a), Government Code, the authority
3-48 with whom a report is filed under this chapter may not require a
3-49 person examining the report to provide any information or
3-50 identification.
3-51 (b) The commission shall make information from reports filed
3-52 with the commission under Section 254.036(b) available by
3-53 electronic means, including:
3-54 (1) providing access to computer terminals at the
3-55 commission's office;
3-56 (2) providing information on computer diskette for
3-57 purchase at a reasonable cost; and
3-58 (3) providing modem or other electronic access to the
3-59 information.
3-60 SECTION 4. Section 254.041(a), Election Code, is amended to
3-61 read as follows:
3-62 (a) A person who is required by this chapter to file a
3-63 report commits an offense if the person knowingly fails:
3-64 (1) to file the report on time; [or]
3-65 (2) to file a report by computer diskette, modem, or
3-66 other means of electronic transfer, if the person is required to
3-67 file reports that comply with Section 254.036(b); or
3-68 (3) to include in the report information that is
3-69 required by this title to be included.
4-1 SECTION 5. This Act takes effect September 1, 1999.
4-2 SECTION 6. (a) Section 254.036, Election Code, as amended
4-3 by this Act, applies only to a report required to be filed under
4-4 Chapter 254, Election Code, on or after January 1, 2000. A report
4-5 required to be filed under Chapter 254, Election Code, before
4-6 January 1, 2000, may be filed in compliance with Section 254.036,
4-7 Election Code, as that section existed before amendment by this
4-8 Act, and the former law is continued in effect for that purpose.
4-9 (b) Notwithstanding Section 254.036, Election Code, as
4-10 amended by this Act, a person required to file a report under
4-11 Chapter 254, Election Code, that complies with Section 254.036(b),
4-12 Election Code, as amended by this Act, and that is required to be
4-13 filed on or after January 1, 2000, and before July 1, 2000, may
4-14 file a report that complies with Section 254.036(a), Election Code,
4-15 as amended by this Act, unless, not later than January 1, 2000:
4-16 (1) the Texas Ethics Commission has developed,
4-17 purchased, or obtained a license to use computer software that
4-18 complies with Section 254.0361, Election Code, as added by this
4-19 Act, and that permits a person to electronically file a report
4-20 under Chapter 254, Election Code, as required by Section 254.036,
4-21 Election Code, as amended by this Act, by using a publicly
4-22 accessible computer terminal, as defined by Section 254.0362,
4-23 Election Code, as added by this Act; and
4-24 (2) the commission has determined that the computer
4-25 software has been sufficiently tested and demonstrated to be
4-26 reliable when used with a publicly accessible computer terminal.
4-27 (c) Notwithstanding Section 254.036, Election Code, as
4-28 amended by this Act, a person required to file a report under
4-29 Chapter 254, Election Code, that complies with Section 254.036(b),
4-30 Election Code, as amended by this Act, and that is required to be
4-31 filed on or after July 1, 2000, and before January 1, 2001, may
4-32 file reports that comply with Section 254.036(a), Election Code, as
4-33 amended by this Act, unless, not later than July 1, 2000:
4-34 (1) the Texas Ethics Commission has developed,
4-35 purchased, or obtained a license to use computer software that
4-36 complies with Section 254.0361, Election Code, as added by this
4-37 Act, and that permits a person to electronically file a report
4-38 under Chapter 254, Election Code, as required by Section 254.036,
4-39 Election Code, as amended by this Act, by using a publicly
4-40 accessible computer terminal, as defined by Section 254.0362,
4-41 Election Code, as added by this Act; and
4-42 (2) the commission has determined that the computer
4-43 software has been sufficiently tested and demonstrated to be
4-44 reliable when used with a publicly accessible computer terminal.
4-45 (d) If, under Subsection (b) or (c) of this section, a
4-46 person is not required to file a report that complies with Section
4-47 254.036(b), Election Code, as amended by this Act, the person shall
4-48 either file a report that complies with Section 254.036(a),
4-49 Election Code, or Section 254.036(b), Election Code, as amended by
4-50 this Act.
4-51 SECTION 7. The importance of this legislation and the
4-52 crowded condition of the calendars in both houses create an
4-53 emergency and an imperative public necessity that the
4-54 constitutional rule requiring bills to be read on three several
4-55 days in each house be suspended, and this rule is hereby suspended.
4-56 * * * * *