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.