78R3046 ESH-D
By: Solomons H.B. No. 795
A BILL TO BE ENTITLED
AN ACT
relating to the functions of the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. OPERATION OF TEXAS ETHICS COMMISSION
SECTION 1.01. Section 571.002, Government Code, is amended
by adding Subdivision (2-a) to read as follows:
(2-a) "Executive director" means the executive
director of the commission.
SECTION 1.02. Section 571.022, Government Code, is amended
to read as follows:
Sec. 571.022. SUNSET PROVISION. The commission is subject
to review under Chapter 325 (Texas Sunset Act), but is not abolished
under that chapter. The commission shall be reviewed during the
periods in which state agencies abolished in 2015 [2003] and every
12th year after that year are reviewed.
SECTION 1.03. Subchapter B, Chapter 571, Government Code,
is amended by adding Sections 571.0231, 571.0271, and
571.030-571.0304 to read as follows:
Sec. 571.0231. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission that a member:
(1) does not have at the time of taking office the
qualifications required by Section 24a, Article III, Texas
Constitution;
(2) does not maintain during service on the commission
the qualifications required by Section 24a, Article III, Texas
Constitution;
(3) is ineligible for membership under Section
571.030;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the commission of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 571.0271. COMMISSION MEMBER TRAINING. (a) A person
who is appointed to and qualifies for office as a member of the
commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 571.030. RESTRICTION ON COMMISSION MEMBERSHIP OR
EMPLOYMENT AS GENERAL COUNSEL. A person may not be a member of the
commission or act as the general counsel to the commission if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the commission.
Sec. 571.0301. SEPARATION OF RESPONSIBILITIES. The
commission shall develop and implement policies that clearly
separate the policymaking responsibilities of the commission and
the management responsibilities of the executive director and the
staff of the commission.
Sec. 571.0302. INFORMATION TO MEMBERS AND EMPLOYEES. The
executive director or the executive director's designee shall
provide to members and employees of the commission, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Sec. 571.0303. EQUAL EMPLOYMENT POLICY. (a) The executive
director or the executive director's designee shall prepare and
maintain a written policy statement that implements a program of
equal employment opportunity to ensure that all personnel decisions
are made without regard to race, color, disability, sex, religion,
age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the commission's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Sec. 571.0304. TRAINING ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to commission employees information and
training on the benefits and methods of participation in the State
Employee Incentive Program.
SECTION 1.04. Section 571.033, Government Code, is
renumbered as Section 571.0221, Government Code, and amended to
read as follows:
Sec. 571.0221[571.033]. DISCRIMINATION PROHIBITED.
Appointments to the commission shall be made without regard to the
[This chapter may not be applied to discriminate on the basis of]
race, color, disability, sex, age, national origin, or religion of
the appointees.
SECTION 1.05. Subchapter C, Chapter 571, Government Code,
is amended by adding Sections 571.0671 and 571.078 to read as
follows:
Sec. 571.0671. PROPOSITION OF TECHNOLOGICAL SOLUTIONS. The
commission shall develop and implement a policy requiring the
executive director and commission employees to research and propose
appropriate technological solutions to improve the commission's
ability to perform its functions. The technological solutions
must:
(1) ensure that the public is able to easily find
information about the commission on the Internet;
(2) ensure that persons who want to use the
commission's services are able to:
(A) interact with the commission through the
Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
commission's planning processes.
Sec. 571.078. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The commission shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of
those procedures, as implemented by the commission.
SECTION 1.06. Subchapter E, Chapter 571, Government Code,
is amended by adding Section 571.1211 to read as follows:
Sec. 571.1211. RULES REGARDING COMPLAINT PROCEDURES. (a)
The commission shall adopt rules governing the time in which and the
manner by which the commission shall ensure the timely processing
of complaints under this subchapter. The rules must:
(1) prescribe the maximum time permitted for a
respondent to respond to correspondence from the commission; and
(2) establish a process for the commission to
determine what action the commission will take if the respondent
does not respond within the prescribed time.
(b) Rules adopted under Subsection (a)(2) must require the
commission, in making its determination, to consider:
(1) the seriousness of the alleged violation; and
(2) the respondent's previous history, if any, of
violations of laws within the commission's jurisdiction.
SECTION 1.07. Section 571.122(a), Government Code, is
amended to read as follows:
(a) An individual may file with the commission a sworn
complaint, on a form prescribed by the commission, alleging that a
person subject to a law administered and enforced by the commission
has violated a rule adopted by or a law administered and enforced by
the commission. The commission shall make the complaint form
available on the Internet.
SECTION 1.08. Section 571.123, Government Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) If the commission determines that the complaint
complies with the form requirements, the written notice must also
state whether the commission has jurisdiction over the violation
alleged in the complaint.
SECTION 1.09. Sections 571.124(c), (e), and (f), Government
Code, are amended to read as follows:
(c) The executive director [commission by record vote]
shall determine in writing whether the commission has jurisdiction
over the violation of law alleged in a sworn complaint processed
under Section 571.123.
(e) If the executive director [commission] determines that
the commission has jurisdiction, the notice under Section
571.123(b) must include:
(1) a copy of the complaint and the rules of procedure
of the commission;
(2) a statement of the rights of the respondent;
(3) a statement inviting the respondent to provide to
the commission any information relevant to the complaint; and
(4) the date the commission will begin a preliminary
review of the complaint.
(f) If the executive director [commission] determines that
the commission does not have jurisdiction over the violation
alleged in the complaint, the executive director [commission]
shall:
(1) dismiss the complaint; and
(2) not later than the fifth business day after the
date of the dismissal, send to the complainant and the respondent
written notice of the dismissal and the grounds for the dismissal.
SECTION 1.10. Subchapter E, Chapter 571, Government Code,
is amended by adding Section 571.1241 to read as follows:
Sec. 571.1241. APPEAL OF EXECUTIVE DIRECTOR'S
DETERMINATION OF NO JURISDICTION. (a) If the executive director
determines that the commission does not have jurisdiction over the
violation alleged in the complaint, the complainant may file an
appeal to the commission. An appeal under this section must be
filed not later than the 30th day after the date the complainant
receives the executive director's determination.
(b) On receipt of an appeal under Subsection (a), the
commission shall promptly:
(1) schedule the appeal for hearing; and
(2) send to the complainant and the respondent written
notice of the date, time, and place of the appeal hearing.
(c) During a hearing under this section:
(1) the only issue that may be considered is whether
the commission has jurisdiction over the violation alleged in the
complaint; and
(2) the commission:
(A) may consider all submitted evidence related
to the complaint;
(B) may review any documents or material related
to the complaint; and
(C) shall determine whether the commission has
jurisdiction over the violation alleged in the complaint.
(d) During a hearing under this section, the respondent or
complainant may appear before the commission with the assistance of
counsel, if desired, and present any relevant evidence, including a
written statement.
(e) Not later than the fifth business day after the date of a
hearing under this section, the commission shall send written
notice to the complainant and the respondent stating whether the
commission has jurisdiction over the violation alleged in the
complaint.
(f) If the commission determines that the commission has
jurisdiction, the notice must include the items listed in Sections
571.124(e)(1) through (4).
(g) If the commission determines that the commission does
not have jurisdiction over the violation alleged in the complaint,
the commission shall:
(1) dismiss the complaint; and
(2) not later than the fifth business day after the
date of the dismissal, send to the complainant and the respondent
written notice of the dismissal and the grounds for the dismissal.
SECTION 1.11. Section 571.125, Government Code, is amended
to read as follows:
Sec. 571.125. PRELIMINARY REVIEW HEARING: PROCEDURE. (a)
The commission shall conduct a preliminary review hearing if:
(1) following the preliminary review, the commission
and the respondent cannot agree to the disposition of the complaint
or motion; or
(2) the respondent in writing requests a hearing.
(b) The commission shall provide written notice to the
complainant, if any, and the respondent of the date, time, and place
the commission will conduct the preliminary review hearing.
(c) During a preliminary review hearing, the commission:
(1) may consider all submitted evidence related to the
complaint or to the subject matter of a motion under Section
571.124(b);
(2) may review any documents or material related to
the complaint or to the motion; [and]
(3) may submit written questions and require those
questions to be answered under oath; and
(4) shall determine whether there is credible evidence
that provides cause for the commission to conclude that a violation
within the jurisdiction of the commission has occurred.
(d) [(b)] During a preliminary review hearing, the
respondent may appear before the commission with the assistance of
counsel, if desired by the respondent, and present any relevant
evidence, including a written statement.
SECTION 1.12. The heading to Section 571.126, Government
Code, is amended to read as follows:
Sec. 571.126. PRELIMINARY REVIEW HEARING: RESOLUTION.
SECTION 1.13. Sections 571.126(a), (b), and (d), Government
Code, are amended to read as follows:
(a) As soon as practicable after the completion of a
preliminary review hearing, the commission by record vote shall
issue a decision stating:
(1) whether there is credible evidence for the
commission to determine that a violation within the jurisdiction of
the commission has occurred and whether the violation is technical
or de minimis; or
(2) that there is insufficient evidence for the
commission to determine whether a violation within the jurisdiction
of the commission has occurred.
(b) If the commission determines that there is credible
evidence for the commission to determine that a violation has
occurred, the commission shall resolve and settle the complaint or
motion to the extent possible. If the commission successfully
resolves and settles the complaint or motion, not later than the
fifth business day after the date of the final resolution of the
complaint or motion, the commission shall send to the complainant,
if any, and the respondent a copy of the decision stating the
commission's determination and written notice of the resolution and
the terms of the resolution. If the commission is unsuccessful in
resolving and settling the complaint or motion, the commission [in
its discretion] shall:
(1) order a formal [an informal] hearing to be held in
accordance with Sections 571.129 through 571.132 [Section
571.127]; and
(2) not later than the fifth business day after the
date of the decision, send to the complainant, if any, and the
respondent:
(A) a copy of the decision;
(B) [and] written notice of the date, time, and
place of the formal [informal] hearing;
(C) a statement of the nature of the alleged
violation;
(D) a description of the evidence of the alleged
violation;
(E) a copy of the complaint or motion;
(F) a copy of the commission's rules of
procedure; and
(G) a statement of the rights of the respondent.
(d) If the commission determines that there is insufficient
credible evidence for the commission to determine that a violation
within the jurisdiction of the commission has occurred, the
commission may dismiss the complaint or motion or promptly conduct
a formal [an informal] hearing under Sections 571.129 through
571.132 [Section 571.127]. Not later than the fifth business day
after the date of the commission's determination under this
subsection, the commission shall send to the complainant, if any,
and the respondent a copy of the decision stating the commission's
determination and written notice of the grounds for the
determination.
SECTION 1.14. Subchapter E, Chapter 571, Government Code,
is amended by amending Sections 571.135 and 571.136 and adding
Section 571.1351 to read as follows:
Sec. 571.135. PUBLIC INTEREST INFORMATION[; STATUS OF
COMPLAINT]. (a) The commission shall develop plain-language
materials as described by this section [prepare information of
public interest describing the functions of the commission and the
procedures by which sworn or other complaints are filed with and
resolved by the commission]. The commission shall distribute the
materials [make the information available] to the public and
appropriate state agencies.
(b) The materials must include:
(1) a description of:
(A) the commission's responsibilities;
(B) the types of conduct that constitute a
violation of a law within the jurisdiction of the commission;
(C) the types of sanctions the commission may
impose;
(D) the commission's policies and procedures
relating to complaint investigation and resolution; and
(E) the duties of a person filing a complaint
with the commission; and
(2) a diagram showing the basic steps in the
commission's procedures relating to complaint investigation and
resolution.
(c) The commission shall provide the materials described by
this section to each complainant and respondent.
(d) The commission shall adopt a policy to effectively
distribute materials as required by this section.
Sec. 571.1351. STATUS OF COMPLAINT. (a) [(b)] The
commission shall keep an information file about each sworn or other
complaint filed with the commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the commission closed the file without taking action other than
to investigate the complaint.
(b) The commission shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commission's policies and procedures relating to
complaint investigation and resolution.
(c) In addition to the notice required by Sections 571.124
through 571.132, the commission, at least quarterly [and] until
final disposition of a complaint, shall notify the person who filed
the complaint [complainant] and each person who is a subject of the
complaint [the respondent], if any, of the status of the sworn or
other complaint.
Sec. 571.136. EXTENSION OF DEADLINE. The commission may,
on its own motion or on the reasonable request of a respondent,
extend any deadline for action relating to a sworn complaint,
motion, preliminary review[, informal] hearing, or formal hearing.
SECTION 1.15. Section 571.137, Government Code, is amended
by amending Subsection (a) and adding Subsections (a-1) and (a-2)
to read as follows:
(a) In connection with [an informal or] a formal hearing,
the commission, as authorized by this chapter, may subpoena and
examine witnesses and documents that directly relate to a sworn
complaint.
(a-1) In connection with a preliminary review, the
commission, for good cause and as authorized by this chapter, may
subpoena documents that directly relate to a sworn complaint. The
commission shall adopt guidelines for the issuance of subpoenas
under this subsection.
(a-2) A copy of a subpoena issued under this section [of the
commission] must be delivered to the respondent.
SECTION 1.16. Section 571.138, Government Code, is amended
to read as follows:
Sec. 571.138. STATUS OF COMPLAINANT. The complainant is
not a party to a preliminary review[, informal] hearing[,] or
formal hearing under this subchapter.
SECTION 1.17. Sections 571.139(a) and (b), Government Code,
are amended to read as follows:
(a) Except as provided by Section 571.140(b), Chapter 552
does not apply to documents or any additional evidence relating to
the processing, preliminary review[, informal] hearing, or
resolution of a sworn complaint or motion.
(b) Chapter 551 does not apply to the processing,
preliminary review[, informal] hearing, or resolution of a sworn
complaint or motion, but does apply to a formal hearing held under
Sections 571.129 through 571.131.
SECTION 1.18. Section 571.140, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1) or (b) or by
Section 571.141 or 571.171, proceedings at a preliminary review [or
informal] hearing performed by the commission, a sworn complaint,
and documents and any additional evidence relating to the
processing, preliminary review[, informal] hearing, or resolution
of a sworn complaint or motion are confidential and may not be
disclosed unless entered into the record of a formal hearing or a
judicial proceeding, except that a document or statement that was
previously public information remains public information.
(a-1) An employee of the commission may disclose
information made confidential under Subsection (a) if:
(1) the employee is investigating a sworn complaint or
motion;
(2) disclosure of the information is necessary to
conduct the investigation; and
(3) the employee acts in good faith to maintain the
confidentiality of the information to the greatest extent possible.
(b) An order issued by the commission after the completion
of a preliminary review [or an informal] hearing determining that a
violation other than a technical or de minimis violation has
occurred is not confidential.
SECTION 1.19. Subchapter E, Chapter 571, Government Code,
is amended by adding Sections 571.141 and 571.142 to read as
follows:
Sec. 571.141. DISCLOSURE OF CONFIDENTIAL INFORMATION TO
STATE COMMISSION ON JUDICIAL CONDUCT OR STATE BAR OF TEXAS. (a) To
the extent necessary for the recipient of the information to
perform an official duty or function, the Texas Ethics Commission
may disclose information relating to an investigation or proceeding
under this chapter to:
(1) the State Commission on Judicial Conduct, if the
person to whom the investigation or proceeding relates is a
judicial officer or a candidate for judicial office; or
(2) the State Bar of Texas, if the person to whom the
investigation or proceeding relates is licensed to practice law in
this state.
(b) The Texas Ethics Commission may disclose confidential
information under this section on its own motion or at the request
of the State Commission on Judicial Conduct or the state bar.
(c) Information disclosed to the State Commission on
Judicial Conduct or the state bar under this section remains
confidential, and Section 571.140 applies to an officer or employee
of the State Commission on Judicial Conduct or the state bar as if
the person were an officer or employee of the Texas Ethics
Commission.
Sec. 571.142. AVAILABILITY OF COMMISSION ORDERS ON
INTERNET. (a) As soon as practicable following a preliminary
review hearing or formal hearing at which the commission determines
that a person has committed a violation within the commission's
jurisdiction, the commission shall make available on the Internet:
(1) a copy of the commission's order stating the
determination; or
(2) a summary of the commission's order.
(b) This section does not apply to a determination of a
violation that is technical or de minimis.
SECTION 1.20. Section 571.171, Government Code, is amended
to read as follows:
Sec. 571.171. INITIATION AND REFERRAL. (a) On a motion
adopted by an affirmative record vote of at least six commission
members, the commission may initiate civil enforcement actions and
refer matters to the appropriate prosecuting attorney for criminal
prosecution.
(b) If after a preliminary investigation of a complaint the
executive director reasonably believes that the person who is the
subject of the complaint has violated a criminal statute, the
executive director shall refer the matter to the appropriate
prosecuting attorney for criminal prosecution.
(c) In making a referral to a prosecuting attorney under
this section, the commission or executive director may disclose
confidential information.
ARTICLE 2. LOBBYIST AND CAMPAIGN FINANCE REPORTING
SECTION 2.01. Section 305.006(a), Government Code, is
amended to read as follows:
(a) Each registrant shall file with the commission a
written, verified report [on a form prescribed by the commission]
concerning the activities described by this section.
SECTION 2.02. Subchapter A, Chapter 305, Government Code,
is amended by adding Section 305.0064 to read as follows:
Sec. 305.0064. ELECTRONIC FILING OF ACTIVITY REPORTS. (a)
Except as provided by Subsection (b) or (c), each report filed under
Section 305.006 must be filed by computer diskette, modem, or other
means of electronic transfer, using computer software provided by
the commission or computer software that meets commission
specifications for a standard file format.
(b) The commission shall adopt rules under which a
registrant may file paper reports on a form prescribed by the
commission. The rules must be designed to ensure that:
(1) use of the electronic filing system under
Subsection (a) is maximized; and
(2) registrants may file paper reports for good cause
only.
(c) The commission shall implement an electronic filing
system under Subsection (a) not later than January 1, 2005. The
commission by rule shall identify the first reporting period under
Section 305.007 for which a report must be made as required by
Subsection (a). This subsection expires January 1, 2005.
(d) A registration fee under Section 305.005(c)(1) or (2)
for the calendar years 2004 and 2005 is increased by an amount
determined by the commission as sufficient to generate additional
revenue necessary to develop and implement an electronic filing
system under Subsection (a). The commission may impose a different
increase for each fee under Section 305.005(c). This subsection
expires January 1, 2006.
SECTION 2.03. Chapter 252, Election Code, is amended by
adding Section 252.0131 to read as follows:
Sec. 252.0131. TERMINATION OF CANDIDATE'S CAMPAIGN
TREASURER APPOINTMENT BY COMMISSION. (a) The commission by rule
shall adopt a process by which the commission may terminate the
campaign treasurer appointment of a candidate who:
(1) is required to file a campaign treasurer
appointment with the commission;
(2) has never filed or has ceased to file reports under
Chapter 254; and
(3) has not filed a final report under Section
254.065.
(b) Before the commission may terminate a candidate's
campaign treasurer appointment, the commission must consider the
proposed termination in a regularly scheduled open meeting.
(c) Rules adopted under this section must:
(1) specify the minimum time following a candidate's
last report under Chapter 254 before the commission may propose
terminating the candidate's campaign treasurer appointment; and
(2) require written notice to the affected candidate
of:
(A) the proposed termination of the candidate's
campaign treasurer appointment;
(B) the date, time, and place of the meeting at
which the commission will consider the proposed termination; and
(C) the effect of termination of the candidate's
campaign treasurer appointment.
(d) The termination of a campaign treasurer appointment
under this section takes effect on the 30th day after the date of
the commission meeting at which the commission votes to terminate
the appointment. Following that meeting, the commission shall
promptly notify the affected candidate that the appointment has
been terminated. The notice must state the effective date of the
termination.
SECTION 2.04. Section 254.036(c), Election Code, is amended
to read as follows:
(c) A candidate, officeholder, or political committee that
is required to file reports with the commission may file reports
that comply with Subsection (a) if the candidate, officeholder, or
campaign treasurer of the committee files with the commission an
affidavit stating that the candidate, officeholder, or committee,
an agent of the candidate, officeholder, or committee, or a person
with whom the candidate, officeholder, or committee contracts does
not use computer equipment to keep the current records of political
contributions, political expenditures, or persons making political
contributions to the candidate, officeholder, or committee and that
the candidate, officeholder, or committee does not in a calendar
year accept political contributions that in the aggregate exceed
the amount prescribed by commission rule or make political
expenditures that in the aggregate exceed the amount prescribed by
commission rule. An affidavit under this subsection must be filed
with each report filed under Subsection (a). The affidavit must
include a statement that the candidate, officeholder, or political
committee understands that the candidate, officeholder, or
committee shall file reports as required by Subsection (b) if:
(1) the candidate, officeholder, or committee, a
consultant of the candidate, officeholder, or committee, or a
person with whom the candidate, officeholder, or committee
contracts uses computer equipment for a purpose described by this
subsection; or
(2) the candidate, officeholder, or committee exceeds
in a calendar year the prescribed amount in political contributions
or political expenditures[, the candidate, officeholder, or
committee is required to file reports under Subsection (b)].
SECTION 2.05. Section 254.0361, Election Code, is
transferred to Subchapter C, Chapter 571, Government Code, is
redesignated as Section 571.0671, Government Code, and is amended
to read as follows:
Sec. 571.0671 [254.0361]. REQUIREMENTS FOR ELECTRONIC
FILING SOFTWARE. (a) Computer software provided or approved by the
commission for use under Section 254.036(b), Election Code, or
Section 305.0064 must:
(1) use a standardized format for the entry of names,
addresses, and zip codes;
(2) provide for secure and encoded transmission of
data from the computer of a person filing a report to the computers
used by the commission;
(3) provide confirmation to a person filing a report
that the report was properly received [be capable of being used by a
person with basic computing skills who uses a computer that uses a
Windows operating system, Macintosh operating system, or another
operating system that the commission determines is as popular as
those systems for use with personal computers]; and
(4) permit a person using a computer to prepare a
report or to retrieve information from a report to import
information to the report from a variety of computer software
applications that meet commission specifications for a standard
file format or export information from the report to a variety of
computer software applications that meet commission specifications
for a standard file format without the need to reenter information.
(b) Before determining the specifications for computer
software developed, purchased, or licensed for use under Section
254.036, Election Code, or Section 305.0064, the commission shall
conduct at least one public hearing to discuss the specifications.
For at least 10 days following the hearing, the commission shall
accept public comments concerning the software specifications.
(c) The commission may provide software for use under
Section 254.036(b), Election Code, or Section 305.0064 by making
the software available on the Internet. If the commission makes the
software available on the Internet, the commission is not required
to provide the software on computer diskettes, CD-ROMs, or other
storage media without charge to persons required to file reports
under that section, but may charge a reasonable fee for providing
the software on storage media.
ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 3.01. The following provisions are repealed:
(1) Sections 571.124(d), 571.127, and 571.128,
Government Code; and
(2) Section 254.036(g), Election Code.
SECTION 3.02. Sections 571.0271 and 571.030, Government
Code, as added by this Act, do not affect the entitlement of a
member of the Texas Ethics Commission serving on the commission
immediately before September 1, 2003, to continue to serve and
function as a member of the commission for the remainder of the
member's term. Sections 571.0271 and 571.030, Government Code, as
added by this Act, apply only to a member appointed on or after
September 1, 2003.
SECTION 3.03. This Act takes effect September 1, 2003.