By Shapleigh                                           S.B. No. 972
         76R2317 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to procedures for and access to reports of political
 1-3     contributions and 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 with the commission under this chapter 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 or political committee that is required to
1-21     file reports with the commission under this chapter may file
1-22     reports that  comply with Subsection (a)  if the candidate or
1-23     committee does not intend to accept political contributions that in
1-24     the aggregate exceed $1,000 or to make political expenditures that
 2-1     in the aggregate exceed $1,000 in connection with the election.
 2-2     The amount of a filing fee paid by a candidate is excluded from the
 2-3     $1,000 maximum expenditure permitted under this subsection.  A
 2-4     candidate or political committee that exceeds $1,000 in political
 2-5     contributions or political expenditures in connection with the
 2-6     election shall file reports as required by Subsection (b).  To be
 2-7     entitled to file reports under this subsection, a candidate or
 2-8     political committee must file with the campaign treasurer
 2-9     appointment a written declaration of intent not to exceed $1,000 in
2-10     political contributions or political expenditures in connection
2-11     with the election.  The declaration of intent must contain a
2-12     statement that the political committee understands that if the
2-13     $1,000 maximum for political contributions or political
2-14     expenditures is exceeded, the committee is required to file reports
2-15     under Subsection (b).
2-16           (d)  An officeholder or a specific-purpose committee for
2-17     assisting an officeholder that is required to file reports with the
2-18     commission under this chapter may file reports that comply with
2-19     Subsection (a)  if the officeholder or committee does not intend to
2-20     accept political contributions that in the aggregate exceed $1,000
2-21     or to make political expenditures that in the aggregate exceed
2-22     $1,000 in a reporting period under Section 254.093 or 254.123.  An
2-23     officeholder or committee that exceeds $1,000 in political
2-24     contributions or political expenditures in a reporting period shall
2-25     file reports as required by Subsection (b).  To be entitled to file
2-26     reports under this subsection, an officeholder or the campaign
2-27     treasurer of a committee must file with the commission a written
 3-1     declaration of intent not to exceed $1,000 in political
 3-2     contributions or political expenditures in a reporting period.  The
 3-3     declaration of intent must be filed not later than the first day of
 3-4     the first reporting period to which it is intended to apply and
 3-5     must contain a statement that the officeholder or committee
 3-6     understands that if the $1,000 maximum for political contributions
 3-7     or political expenditures is exceeded, the officeholder or
 3-8     committee is required to file reports under Subsection (b).
 3-9           (e)  A candidate, officeholder, or political committee that
3-10     is required to file reports with the commission under this chapter
3-11     may  file reports that comply with Subsection (a)  if the
3-12     candidate, officeholder, or campaign treasurer of the committee
3-13     files with the commission an affidavit stating that the candidate,
3-14     officeholder, or committee or an agent of the candidate,
3-15     officeholder, or committee does not use computer equipment to
3-16     solicit or acknowledge political contributions or to keep records
3-17     of political contributions, political expenditures, or persons
3-18     making political contributions to the candidate, officeholder, or
3-19     committee.  An affidavit under this subsection must be filed with
3-20     each report filed under Subsection (a).  The affidavit must include
3-21     a statement that the candidate, officeholder, or political
3-22     committee understands that if the candidate, officeholder, or
3-23     committee or an agent of the candidate, officeholder, or committee
3-24     uses computer equipment for a purpose described by this subsection,
3-25     the candidate, officeholder, or committee is required to file
3-26     reports under Subsection (b).
3-27           (f)  A candidate for an office described by Section
 4-1     252.005(5) or a specific-purpose committee for supporting or
 4-2     opposing only candidates for an office described by Section
 4-3     252.005(5) or a measure described by Section 252.007(5) may file
 4-4     reports that comply with Subsection (a).
 4-5           (g)  An individual required to file a report with the
 4-6     commission in connection with a direct campaign expenditure to
 4-7     which Section 253.062 applies may file a report that complies with
 4-8     Subsection (a).
 4-9           (h)  Each report filed under this chapter must be accompanied
4-10     by an affidavit executed by the person required to file the report.
4-11     The affidavit must contain the statement:  "I swear, or affirm,
4-12     under penalty of perjury, that the accompanying report is true and
4-13     correct and includes all information required to be reported by me
4-14     under Title 15, Election Code."  A report filed under this chapter
4-15     is considered to be under oath by the person required to file the
4-16     report, and the person is subject to prosecution under Chapter 37,
4-17     Penal Code, regardless of the absence of or a defect in the
4-18     affidavit.
4-19           (i) [(c)]  As part of the notification required by Section
4-20     251.033, the commission shall mail the appropriate forms to each
4-21     person required to file a report with the commission during that
4-22     reporting period.
4-23           (j) [(d)]  The commission shall prescribe forms for purposes
4-24     of legislative caucus reports under Section 254.0311 that are
4-25     separate and distinct from forms for other reports under this
4-26     chapter.
4-27           (k) [(e)  A report filed under this chapter is considered to
 5-1     be under oath by the person required to file the report  regardless
 5-2     of the absence of or defect in the affidavit of verification,
 5-3     including a signature.]
 5-4           [(f)  A person required to file a report under this chapter
 5-5     is subject to prosecution under Chapter 37, Penal  Code, regardless
 5-6     of the absence of or defect in the affidavit of verification.]
 5-7           [(g)]  This section applies to a report that is filed
 5-8     electronically or otherwise.
 5-9           SECTION 2.   Subchapter B, Chapter 254, Election Code, is
5-10     amended by adding Sections 254.0401 and 254.0402 to read as
5-11     follows:
5-12           Sec. 254.0401.  PUBLIC INSPECTION OF REPORTS.  (a)  A report
5-13     filed under this chapter shall be made available for public
5-14     inspection at the office of the authority with whom the report is
5-15     filed not later than the second business day after the date the
5-16     report is received.
5-17           (b)  Notwithstanding Section 552.222(a), Government Code, the
5-18     authority with whom a report is filed under this chapter may not
5-19     require a person examining the report to provide any information or
5-20     identification.
5-21           (c)  The commission shall make information from reports filed
5-22     with the commission under this chapter available by electronic
5-23     means, including:
5-24                 (1)  providing access to computer terminals at the
5-25     commission's office;
5-26                 (2)  providing information on computer diskette for
5-27     purchase at a reasonable cost;
 6-1                 (3)  providing modem or other electronic access to the
 6-2     information; and
 6-3                 (4)  providing access to reports on the Internet as
 6-4     required by Section 254.0402.
 6-5           Sec. 254.0402.  AVAILABILITY OF REPORTS ON INTERNET.  (a)
 6-6     The commission shall make each report filed with the  commission
 6-7     under this chapter available to the public on the Internet.
 6-8           (b)  The access allowed by this section to reports is in
 6-9     addition to the public's access to the information through other
6-10     electronic or print distribution of the information.
6-11           (c)  In this section, "Internet" means the largest
6-12     nonproprietary nonprofit cooperative public computer network,
6-13     popularly known as the Internet.
6-14           SECTION 3.  This Act takes effect September 1, 1999.
6-15           SECTION 4.  (a)  Section 254.036, Election Code, as amended
6-16     by this Act, applies only to a report required to be filed under
6-17     Chapter 254, Election Code, on or after January 1, 2000.  A report
6-18     required to be filed under Chapter 254, Election Code, before
6-19     January 1, 2000, may be filed in compliance with Section 254.036,
6-20     Election Code, as that section existed before amendment by this
6-21     Act, and the former law is continued in effect for that purpose.
6-22           (b)  Not later than February 1, 2000, the Texas Ethics
6-23     Commission shall make reports filed with the commission under
6-24     Chapter 254, Election Code, available to the public on the Internet
6-25     as required by Section 254.0402, Election Code, as added by this
6-26     Act. This subsection applies only to a report required to be filed
6-27     under Chapter 254, Election Code, on or after January 1, 2000.
 7-1           SECTION 5.  The importance of this legislation and the
 7-2     crowded condition of the calendars in both houses create an
 7-3     emergency and an imperative public necessity that the
 7-4     constitutional rule requiring bills to be read on three several
 7-5     days in each house be suspended, and this rule is hereby suspended.