78R12648 E
By:  Wolens                                                       H.B. No. 1606
Substitute the following for H.B. No. 1606:                                   
By:  Denny                                                    C.S.H.B. No. 1606
A BILL TO BE ENTITLED
AN ACT
relating to ethics of public servants, including the functions and 
duties of the Texas Ethics Commission; the regulation of political 
contributions, political advertising, lobbying, and conduct of 
public servants; and the reporting of political contributions and 
personal financial information; providing civil and criminal 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
ARTICLE 1.  FUNCTIONS AND DUTIES 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 and 571.0232 to read as 
follows:
	Sec. 571.0231.  RESTRICTION ON COMMISSION MEMBERSHIP.  A 
person may not be a member of the commission if the person is 
required to register as a lobbyist under Chapter 305.
	Sec. 571.0232.  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 
571.0231;            
		(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.
	SECTION 1.04.  Section 571.026(c), Government Code, is 
amended to read as follows:
	(c)  An [Except as otherwise provided by this chapter, an] 
action or recommendation of the commission requiring a vote of the 
commission is not valid unless:
		(1)  the action or recommendation is approved by a 
record [the] vote [is] taken at a meeting of the commission with a 
quorum present; and
		(2)  except as otherwise provided by this chapter, the 
action or recommendation receives an affirmative vote of a majority 
of the membership of the commission.
	SECTION 1.05.  Section 571.027(a), Government Code, is 
amended to read as follows:
	(a)  A member of the commission may not participate in a 
commission proceeding relating to any of the following actions if 
the member is the subject of the action:
		(1)  a formal investigation by the commission;                                
		(2)  a sworn complaint filed with the commission; or                          
		(3)  a motion adopted by [an affirmative record] vote 
of [at least six members of] the commission.
	SECTION 1.06.  Subchapter B, Chapter 571, Government Code, 
is amended by adding Sections 571.0271 and 571.030-571.0303 to read 
as follows:
	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.  SEPARATION OF RESPONSIBILITIES.  The 
commission shall develop and implement policies that clearly 
separate the policy-making responsibilities of the commission and 
the management responsibilities of the executive director and the 
staff of the commission.
	Sec. 571.0301.  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. 571.0302.  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. 571.0303.  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 1.07.  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 1.08.  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 302.013 or 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)  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)  provide confirmation to a person filing a report 
that the report was properly received; and
		(5)  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 302.013 or 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 302.013 or 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 fee for providing the 
software on storage media.  A fee under this subsection may not 
exceed the cost to the commission of providing the software.
	SECTION 1.09.  Subchapter C, Chapter 571, Government Code, 
is amended by adding Section 571.0672 to read as follows:
	Sec. 571.0672.  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.
	SECTION 1.10.  Section 571.069, Government Code, is amended 
by amending Subsections (a) and (b) and adding Subsection (f) to 
read as follows:
	(a)  The commission shall [may] review for facial compliance 
randomly selected statements and reports [a statement or report] 
filed with the commission and may review any available documents.  
The commission shall [may] return for resubmission with corrections 
or additional documentation a statement or report that does not, in 
the opinion of the commission, comply with the law requiring the 
statement or report.  A statement or report returned for 
resubmission is considered to have been filed on the date the 
statement or report was originally filed if:
		(1)  the statement or report is resubmitted to the 
commission not later than the seventh business day after the date 
the person filing the statement or report receives the returned 
statement or report; and
		(2)  the resubmitted statement or report complies with 
law.          
	(b)  The commission may by adopted motion initiate a 
preliminary review as provided by Section 571.124 or [an 
affirmative record vote of at least six commission members] perform 
a complete audit of a statement or report:
		(1)  if, before the 31st day after the date the 
statement or report was originally due, the executive director does 
not obtain from the person information that permits the executive 
director to determine that the statement or report complies with 
law;
		(2)  if a statement or report returned for resubmission 
is not resubmitted within the time prescribed by Subsection (a); or
		(3)  on an affirmative vote of at least six commission 
members that a statement or report resubmitted under Subsection 
(a), together with any corrections or additional documentation, 
does not, in the opinion of the commission, comply with the law 
requiring the statement or report [only at an informal or formal 
hearing].
	(f)  This section may not be construed as limiting or 
affecting the commission's authority to, on the filing of a motion 
or receipt of a sworn complaint, review or investigate the 
sufficiency of a statement or report.
	SECTION 1.11.  Section 571.073, Government Code, is amended 
to read as follows:
	Sec. 571.073.  REPORT.  On or before December 31 of each 
even-numbered year, the commission shall report to the governor and 
legislature.  The report must include:
		(1)  each advisory opinion issued by the commission 
under Subchapter D in the preceding two years;
		(2)  a summary of commission activities in the 
preceding two years, including:
			(A)  the number of sworn complaints filed with the 
commission;      
			(B)  the number of sworn complaints dismissed for 
noncompliance with statutory form requirements;
			(C)  the number of sworn complaints dismissed for 
lack of jurisdiction;
			(D)  the number of sworn complaints dismissed 
after a finding of no credible evidence of a violation;
			(E)  the number of sworn complaints dismissed 
after a finding of a lack of sufficient evidence to determine 
whether a violation within the jurisdiction of the commission has 
occurred;
			(F)  the number of sworn complaints resolved by 
the commission through an agreed order; and
			(G)  the number of sworn complaints in which the 
commission issued an order finding a violation and the resulting 
penalties, if any; and
		(3)  recommendations for any necessary statutory 
changes.            
	SECTION 1.12.  Subchapter C, Chapter 571, Government Code, 
is amended by adding Section 571.078 to read as follows:
	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)  Subsection (a)(2) does not apply to a preliminary review 
or preliminary review hearing under Sections 571.124 through 
571.126.
	(c)  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.
	(d)  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 1.13.  Section 571.121(a), Government Code, is 
amended to read as follows:
	(a)  The commission may:                                                       
		(1)  hold hearings, on its own motion adopted by a [an 
affirmative record] vote of the [at least six] commission [members] 
or on a sworn complaint, and render decisions on complaints or 
reports of violations as provided by this chapter; and
		(2)  agree to the settlement of issues.                                       
	SECTION 1.14.  Subchapter E, Chapter 571, Government Code, 
is amended by adding Sections 571.1211 and 571.1212 to read as 
follows:
	Sec. 571.1211.  DEFINITIONS.  In this subchapter:                       
		(1)  "Campaign communication" and "political 
advertising" have the meanings assigned by Section 251.001, 
Election Code.
		(2)  "Category One violation" means a violation of a 
law within jurisdiction of the commission as to which it is 
generally not difficult to ascertain whether the violation occurred 
or did not occur, including:
			(A)  the failure by a person required to file a 
statement or report to:
				(i)  file the required statement or report 
in a manner that complies with applicable requirements; or
				(ii)  timely file the required statement or 
report;                
			(B)  the failure by a person to timely pay the 
filing fee or file an affidavit of inability to pay the filing fee 
as required by Section 254.002, Election Code;
			(C)  a violation of Section 255.001, Election 
Code;                 
			(D)  a misrepresentation in political advertising 
or a campaign communication relating to the office held by a person 
in violation of Section 255.006, Election Code;
			(E)  a failure to include in any written political 
advertising intended to be seen from a road the right-of-way notice 
in violation of Section 255.007, Election Code; or
			(F)  a failure to timely respond to a written 
notice under Section 571.123(b).
		(3)  "Category Two violation" means a violation of a 
law within the jurisdiction of the commission that is not a Category 
One violation.
	Sec. 571.1212.  CATEGORIZATION OF VIOLATIONS.  An allegation 
of a violation listed as a Category One violation shall be treated 
as a Category Two violation if the executive director at any time 
determines that:
		(1)  the allegation arises out of the same set of facts 
as those that give rise to an allegation of a Category Two 
violation, and the interests of justice or efficiency require 
resolution of the allegations together; or
		(2)  the facts and law related to a particular 
allegation or a defense to the allegation present a level of 
complexity that prevents resolution through the preliminary review 
procedures for Category One violations prescribed by Section 
571.1242(a).
	SECTION 1.15.  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 1.16.  Section 571.123(b), Government Code, is 
amended to read as follows:
	(b)  Not later than the fifth [14th] business day after the 
date a complaint is filed, the commission shall send written notice 
to the complainant and the respondent.  The notice must state 
whether the complaint complies with the form requirements of 
Section 571.122.
	SECTION 1.17.  Sections 571.124(a)-(c), (e), and (f), 
Government Code, are amended to read as follows:
	(a)  The commission staff [promptly] shall promptly conduct 
a preliminary review on receipt of a written complaint that is in 
compliance with the form requirements of Section 571.122.
	(b)  On a motion adopted by an affirmative record vote of the
[at least six] commission [members], the commission, without a 
sworn complaint, may initiate a preliminary review of the matter 
that is the subject of the motion.
	(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 statement that the commission has jurisdiction 
over the violation of law alleged in the complaint;
		(2)  a statement of whether the complaint will be 
processed as a Category One violation or a Category Two violation, 
subject to reconsideration as provided for by Section 571.1212;
		(3)  the date by which the respondent is required to 
respond to the notice;
		(4)  a copy of the complaint and the rules of procedure 
of the commission;
		(5) [(2)]  a statement of the rights of the respondent;
		(6) [(3)]  a statement inviting the respondent to 
provide to the commission any information relevant to the 
complaint; and
		(7)  a statement that a failure to timely respond to the 
notice will be treated as a separate violation [(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 1.18.  Subchapter E, Chapter 571, Government Code, 
is amended by adding Sections 571.1241-571.1244 to read as follows:
	Sec. 571.1241.  REVIEW 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 request 
that the commission review the determination.  A request for review 
under this section must be filed not later than the 30th day after 
the date the complainant receives the executive director's 
determination.
	(b)  The commission may reverse the executive director's 
determination only on the affirmative vote of at least six members.
	(c)  Not later than the fifth business day after the date of 
the commission's determination 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.  If the commission determines that the 
commission has jurisdiction, the notice must include the items 
listed in Section 571.124(e).
	Sec. 571.1242.  PRELIMINARY REVIEW:  RESPONSE BY RESPONDENT.  
(a)  If the alleged violation is a Category One violation:
		(1)  the respondent must respond to the notice required 
by Section 571.123(b) not later than the seventh business day after 
the date the respondent receives the notice; and
		(2)  if the matter is not resolved by agreement between 
the commission and the respondent before the 21st business day 
after the date the respondent receives the notice under Section 
571.123(b), the commission shall set the matter for a preliminary 
review hearing to be held at the next commission meeting for which 
notice has not yet been posted.
	(b)  If the alleged violation is a Category Two violation:              
		(1)  the respondent must respond to the notice required 
by Section 571.123(b) not later than the 20th business day after the 
date the respondent receives the notice under Section 571.123(b); 
and
		(2)  if the matter is not resolved by agreement between 
the commission and the respondent before the 61st business day 
after the date the respondent receives the notice under Section 
571.123(b), the commission shall set the matter for a preliminary 
review hearing to be held at the next commission meeting for which 
notice has not yet been posted.
	(c)  A respondent's failure to timely respond as required by 
Subsection (a)(1) or (b)(1) is a Category One violation.
	(d)  The response required by Subsection (a) or (b) must 
include any challenge the respondent seeks to raise to the 
commission's exercise of jurisdiction.  In addition, the respondent 
may:
		(1)  acknowledge the occurrence or commission of a 
violation;        
		(2)  deny the allegations contained in the complaint 
and provide evidence supporting the denial; or
		(3)  agree to enter into an assurance of voluntary 
compliance or other agreed order, which may include an agreement to 
immediately cease and desist.
	(e)  If the commission sets the matter for a preliminary 
review hearing, the commission shall promptly send to the 
complainant and the respondent written notice of the date, time, 
and place of the preliminary review hearing.
	Sec. 571.1243.  PRELIMINARY REVIEW: WRITTEN QUESTIONS.  
During a preliminary review, the commission staff may submit to the 
complainant or respondent written questions reasonably intended to 
lead to the discovery of matters relevant to the investigation.
	Sec. 571.1244.  PRELIMINARY REVIEW AND PRELIMINARY REVIEW 
PROCEDURES.  The commission shall adopt procedures for the conduct 
of preliminary reviews and preliminary review hearings.  The 
procedures must include:
		(1)  a reasonable time for responding to questions 
submitted by the commission and commission staff and subpoenas 
issued by the commission; and
		(2)  the tolling or extension of otherwise applicable 
deadlines where:
			(A)  the commission issues a subpoena and the 
commission's meeting schedule makes it impossible to both provide a 
reasonable time for response and to comply with the otherwise 
applicable deadlines; or
			(B)  the commission determines that, despite 
commission staff's diligence and the reasonable cooperation of the 
respondent, a matter is too complex to resolve within the otherwise 
applicable deadlines without compromising either the commission 
staff's investigation or the rights of the respondent.
	SECTION 1.19.  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)  At or after the time the commission provides notice of a 
preliminary review hearing, the commission may submit to the 
complainant and the respondent written questions and require those 
questions to be answered under oath within a reasonable time.
	(d)  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)  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.
	(e) [(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 1.20.  The heading to Section 571.126, Government 
Code, is amended to read as follows:
	Sec. 571.126.  PRELIMINARY REVIEW HEARING:  RESOLUTION.                 
	SECTION 1.21.  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 1.22.  Section 571.129, Government Code, is amended 
to read as follows:
	Sec. 571.129.  FORMAL HEARING:  STANDARD OF EVIDENCE.  
During a formal hearing, the commission shall determine by a 
preponderance of the [clear and convincing] evidence whether a 
violation within the jurisdiction of the commission has occurred.
	SECTION 1.23.  Sections 571.132(a) and (b), Government Code, 
are amended to read as follows:
	(a)  Not later than the 30th business day after the date the 
State Office of Administrative Hearings issues a proposal for 
decision [formal hearing is completed], the commission shall 
convene a meeting and by motion shall issue:
		(1)  a final decision stating the resolution of the 
formal hearing; and     
		(2)  a written report stating in detail the 
commission's findings of fact, conclusions of law, and 
recommendation of criminal referral or imposition of a civil 
penalty, if any.
	(b)  The motion must be adopted by [record] vote of the 
commission [at least six members if the final decision is that a 
violation has occurred or by five members if the final decision is 
that a violation has not occurred].
	SECTION 1.24.  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 571.123 
[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 1.25.  Section 571.137, Government Code, is amended 
by amending Subsections (a) and (e) and adding Subsections 
(a-1)-(a-3) 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 and witnesses on application by the commission 
staff and a motion adopted by a vote of at least six members of the 
commission, for the purpose of attempting to obtain from the 
documents or witnesses specifically identified information, if the 
commission reasonably believes that the specifically identified 
information:
		(1)  is likely to be determinative as to whether the 
subject of an investigation has violated a law within the 
jurisdiction of the commission;
		(2)  can be determined from the documents or is known by 
the witnesses; and
		(3)  is not reasonably available through a less 
intrusive means.     
	(a-2)  The commission shall adopt procedures for the 
issuance of subpoenas under this section.
	(a-3)  A copy of a subpoena issued under this section [of the 
commission] must be delivered to the respondent.
	(e)  A subpoenaed witness who attends a commission hearing is 
entitled to the same mileage and per diem payments as a witness who 
appears before a grand jury.  A person who provides subpoenaed 
documents to the commission is entitled to reimbursement from the 
commission for the person's reasonable cost of producing the 
documents.
	SECTION 1.26.  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, preliminary review[, informal] 
hearing, or formal hearing under this subchapter.
	SECTION 1.27.  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, preliminary review[, informal] 
hearing, or resolution of a sworn complaint or motion.
	(b)  Chapter 551 does not apply to the processing, 
preliminary review, 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 1.28.  Section 571.140, Government Code, is amended 
by amending Subsections (a)-(c) and adding Subsections (b-1), (e), 
and (f) to read as follows:
	(a)  Except as provided by Subsection (b) or (b-1) or by 
Section 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, 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.
	(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.
	(b-1)  A commission employee may, for the purpose of 
investigating a sworn complaint or motion, disclose to the 
complainant, the respondent, or a witness information that is 
otherwise confidential and relates to the sworn complaint if:
		(1)  the employee makes a good faith determination that 
the disclosure is necessary to conduct the investigation;
		(2)  the employee's determination under Subdivision (1) 
is objectively reasonable;
		(3)  the executive director authorizes the disclosure; 
and           
		(4)  the employee discloses only the information 
necessary to conduct the investigation.
	(c)  A person commits an offense if the person discloses 
information made confidential by this section.  An offense under 
this subsection is a Class C [A] misdemeanor.
	(e)  The commission shall terminate the employment of a 
commission employee who violates Subsection (a).
	(f)  A commission employee who discloses confidential 
information in compliance with Subsection (b-1) is not subject to 
Subsections (c), (d), and (e).
	SECTION 1.29.  Subchapter E, Chapter 571, Government Code, 
is amended by adding Section 571.141 to read as follows:
	Sec. 571.141.  AVAILABILITY OF COMMISSION ORDERS ON 
INTERNET.  (a)  As soon as practicable following a preliminary 
review, 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 1.30.  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)  On receipt of a sworn complaint, if the executive 
director reasonably believes that the person who is the subject of 
the complaint has violated Chapter 36 or 39, Penal Code, the 
executive director may 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.
	SECTION 1.31.  Subchapter F, Chapter 571, Government Code, 
is amended by adding Section 571.1731 to read as follows:
	Sec. 571.1731.  WAIVER OR REDUCTION OF LATE FILING PENALTY.  
(a)  A person may request the waiver or reduction of a civil penalty 
under Section 305.033(b) or 572.033(b) of this code or Section 
254.042(b), Election Code, by submitting an affidavit to the 
executive director that states the filer's reasons for requesting a 
waiver or reduction.
	(b)  The commission may waive or reduce a civil penalty if 
the commission finds that a waiver or reduction is in the public 
interest and in the interest of justice. The commission shall 
consider the following before acting to waive or reduce a civil 
penalty:
		(1)  the facts and circumstances supporting the 
person's request for a waiver or reduction;
		(2)  the seriousness of the violation, including the 
nature, circumstances, consequences, extent, and gravity of the 
violation, and the amount of the penalty;
		(3)  any history of previous violations by the person;                 
		(4)  the demonstrated good faith of the person, 
including actions taken to rectify the consequences of the 
violation;
		(5)  the penalty necessary to deter future violations; 
and           
		(6)  any other matter that justice may require.                        
	(c)  After hearing the waiver request, the commission may 
affirm, reduce, or waive the civil penalty.
	SECTION 1.32.  Sections 571.124(d), 571.127, and 571.128, 
Government Code, are repealed.
	SECTION 1.33.  Sections 571.0231 and 571.0271, 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 571.0231 and 571.0271, Government Code, as 
added by this Act, apply only to a member appointed on or after 
September 1, 2003.
ARTICLE 2.  CAMPAIGN FINANCE AND POLITICAL ADVERTISING
	SECTION 2.01.  Section 251.001(16), Election Code, is 
amended to read as follows:
		(16)  "Political advertising" means a communication 
supporting or opposing a candidate for nomination or election to a 
public office or office of a political party, a political party, a 
public officer, or a measure that:
			(A)  in return for consideration, is published in 
a newspaper, magazine, or other periodical or is broadcast by radio 
or television; or
			(B)  appears:                                                         
				(i)  in a pamphlet, circular, flier, 
billboard or other sign, bumper sticker, or similar form of written 
communication; or
				(ii)  on an Internet website.                                        
	SECTION 2.02.  Section 251.003, Election Code, is amended to 
read as follows:
	Sec. 251.003.  PROHIBITION OF DOCUMENT FILING FEE.  Except 
as provided by Section 254.002, a [A] charge may not be made for 
filing a document required to be filed under this title.
	SECTION 2.03.  Chapter 252, Election Code, is amended by 
adding Section 252.0131 to read as follows:
	Sec. 252.0131.  TERMINATION OF 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 an inactive candidate or political 
committee that:
		(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;
		(3)  in the case of a candidate, has not been elected to 
an office specified by Section 252.005(1) or (5); and
		(4)  has not filed:                                                    
			(A)  a final report under Section 254.065 or 
254.125; or            
			(B)  a dissolution report under Section 254.126 or 
254.159.         
	(b)  Before the commission may terminate a campaign 
treasurer appointment, the commission must consider the proposed 
termination in a regularly scheduled open meeting.
	(c)  Rules adopted under this section must:                             
		(1)  define "inactive candidate or political 
committee" for purposes of terminating the candidate's or 
committee's campaign treasurer appointment; and
		(2)  require written notice to the affected candidate 
or committee of:
			(A)  the proposed termination of the candidate's 
or committee'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 
or committee'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 or political committee that 
the appointment has been terminated.  The notice must state the 
effective date of the termination.
	SECTION 2.04.  The heading to Section 253.034, Election 
Code, is amended to read as follows:
	Sec. 253.034.  RESTRICTIONS ON CONTRIBUTIONS DURING AND 
FOLLOWING REGULAR LEGISLATIVE SESSION.
	SECTION 2.05.  Section 253.034(a), Election Code, is amended 
to read as follows:
	(a)  During the period beginning on the 30th day before the 
date a regular legislative session convenes and continuing through 
the 20th day after the date of final adjournment, a person may not 
knowingly make a political contribution to:
		(1)  a statewide officeholder;                                                
		(2)  a member of the legislature; or                                          
		(3)  a specific-purpose committee for supporting, 
opposing, or assisting a statewide officeholder or member of the 
legislature.
	SECTION 2.06.  The heading to Section 253.0341, Election 
Code, is amended to read as follows:
	Sec. 253.0341.  RESTRICTIONS ON CONTRIBUTIONS TO 
LEGISLATIVE CAUCUSES DURING AND FOLLOWING REGULAR LEGISLATIVE 
SESSION.
	SECTION 2.07.  Section 253.0341(a), Election Code, is 
amended to read as follows:
	(a)  During the period beginning on the 30th day before the 
date a regular legislative session convenes and continuing through 
the 20th day after the date of final adjournment, a person not a 
member of the caucus may not knowingly make a contribution to a 
legislative caucus.
	SECTION 2.08.  The heading to Subchapter A, Chapter 254, 
Election Code, is amended to read as follows:
SUBCHAPTER A.  GENERAL PROVISIONS; RECORDKEEPING
	SECTION 2.09.  Subchapter A, Chapter 254, Election Code, is 
amended by adding Section 254.002 to read as follows:
	Sec. 254.002.  ANNUAL FILING FEE.  (a)  As provided by this 
section, each candidate, officeholder, political committee, former 
candidate, or former officeholder who is required to file reports 
under this chapter with the commission shall:
		(1)  pay to the commission an annual filing fee of $100; 
or          
		(2)  file with the commission an affidavit of inability 
to pay the filing fee.
	(b)  Not later than January 15, a candidate, officeholder, 
political committee, former candidate, or former officeholder who 
is required to file a report under Section 254.063(c), 254.093(c), 
254.123(c), 254.153(c), or 254.202 for the preceding calendar year 
shall pay the filing fee or file the affidavit of inability to pay 
the filing fee.
	(c)  If a candidate, officeholder, or political committee 
becomes subject to the reporting requirements of this chapter after 
January 1, the person shall pay the filing fee or file the affidavit 
of inability to pay the filing fee.
	(d)  For purposes of Subsection (c), a report that is filed 
by electronic transfer to the commission is considered to be 
accompanied by the filing fee or affidavit of inability to pay the 
filing fee if, not later than the applicable deadline for the 
statement or report:
		(1)  the fee or affidavit is sent by first class United 
States mail or common or contract carrier;
		(2)  the envelope containing the fee or affidavit is 
properly addressed with postage or handling charges prepaid; and
		(3)  the envelope bears a post office cancellation mark 
or a receipt mark of a common or contract carrier indicating a time 
before the deadline or the person required to file the statement or 
report furnishes satisfactory proof that the envelope was deposited 
in the mail or with a common or contract carrier before the 
deadline.
	(e)  The use of funds derived from a political contribution 
to pay a filing fee under this section is not a violation of Section 
253.035.
	SECTION 2.10.  Section 254.035, Election Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  The amount of a political expenditure made by credit 
card is readily determinable by the person making the expenditure 
on the date the person receives the credit card statement that 
includes the expenditure.
	SECTION 2.11.  Section 254.036, Election Code, is amended by 
amending Subsections (b) and (c) and adding Subsection (c-1) to 
read as follows:
	(b)  Except as provided by Subsection (c), [(d),] (e), or 
(f), [or (g),] each report filed under this chapter with the 
commission 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.
	(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:
		(1)  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
		(2)  the candidate, officeholder, or committee does 
not, in a calendar year, accept political contributions that in the 
aggregate exceed $50,000 or make political expenditures that in the 
aggregate exceed $50,000.
	(c-1)  An affidavit under Subsection (c) [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 
$50,000 in political contributions or political expenditures in a 
calendar year[, the candidate, officeholder, or committee is 
required to file reports under Subsection (b)].
	SECTION 2.12.  Section 254.0401(a), Election Code, is 
amended to read as follows:
	(a)  The [Except as provided by Subsection (b), the] 
commission shall make each report filed with the commission under 
Section 254.036(b) available to the public on the Internet not 
later than the second business day after the date the report is 
filed.
	SECTION 2.13.  Section 254.042(b), Election Code, is amended 
to read as follows:
	(b)  If a report other than a report under Section 
254.064(c), 254.124(c), or 254.154(c) is determined to be late, the 
person required to file the report is [civilly] liable to the state 
for a civil penalty of $500 [an amount determined by commission 
rule, but not to exceed $100 for each day that the report is late].  
If a report under Section 254.064(c), 254.124(c), or 254.154(c) is 
determined to be late, the person required to file the report is 
liable to the state for a civil penalty of $500 for the first day the 
report is late and $100 for each day thereafter that the report is 
late.  If a report is more than 30 days late, the commission shall 
issue a warning of liability by registered mail to the person 
required to file the report.  If the penalty is not paid before the 
10th day after the date on which the warning is received, the person 
is liable for a civil penalty in an amount determined by commission 
rule, but not to exceed $10,000.
	SECTION 2.14.  Section 254.151, Election Code, is amended to 
read as follows:
	Sec. 254.151.  ADDITIONAL CONTENTS OF REPORTS.  In addition 
to the contents required by Section 254.031, each report by a 
campaign treasurer of a general-purpose committee must include:
		(1)  the committee's full name and address;                                   
		(2)  the full name, residence or business street 
address, and telephone number of the committee's campaign 
treasurer;
		(3)  the identity and date of the election for which the 
report is filed, if applicable;
		(4)  the name of each identified candidate or measure 
or classification by party of candidates supported or opposed by 
the committee, indicating whether the committee supports or opposes 
each listed candidate, measure, or classification by party of 
candidates;
		(5)  the name of each identified officeholder or 
classification by party of officeholders assisted by the committee;
		(6)  the principal occupation of each person from whom 
political contributions that in the aggregate exceed $50 are 
accepted during the reporting period;
		(7)  the amount of each political expenditure in the 
form of a political contribution made to a candidate, officeholder, 
or another political committee that is returned to the committee 
during the reporting period, the name of the person to whom the 
expenditure was originally made, and the date it is returned; [and]
		(8)  on a separate page or pages of the report, the 
identification of any contribution from a corporation or labor 
organization made and accepted under Subchapter D, Chapter 253; and
		(9)  on a separate page or pages of the report, the 
identification of any expenditure made by a corporation or labor 
organization to:
			(A)  establish or administer the political 
committee; or            
			(B)  finance the solicitation of political 
contributions to the committee under Section 253.100.
	SECTION 2.15.  Section 255.001, Election Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  A person may not knowingly enter into a contract or 
other agreement to print, publish, display, or broadcast political 
advertising that does not indicate in the advertising:
		(1)  that it is political advertising;                                        
		(2)  the full name of either the individual who 
personally entered into the contract or agreement with the printer, 
publisher, or broadcaster or the person that individual represents; 
and
		(3)  in the case of advertising that is printed or 
published, the address of either the individual who personally 
entered into the agreement with the printer or publisher or the 
person that individual represents.
	(a-1)  A person may not knowingly use, cause or permit to be 
used, or continue to use any printed, published, displayed, or 
broadcast political advertising that the person knows does not 
include the disclosure required by Subsection (a).  A person is 
presumed to know that the use of political advertising is 
prohibited by this subsection if the commission notifies the person 
in writing that the use is prohibited.
	SECTION 2.16.  The heading to Section 257.005, Election 
Code, is amended to read as follows:
	Sec. 257.005.  CANDIDATE FOR STATE OR COUNTY CHAIR [STATE 
CHAIRMAN] OF POLITICAL PARTY.
	SECTION 2.17.  Section 257.005(a), Election Code, is amended 
to read as follows:
	(a)  Except as provided by this section, the following are 
subject to the requirements of this title that apply to a candidate 
for public office:
		(1)  a [A] candidate for state chair of a political 
party with a nominee on the ballot in the most recent gubernatorial 
general election; and
		(2)  a candidate for election to the office of county 
chair of a political party with a nominee on the ballot in the most 
recent gubernatorial general election if the county has a 
population of 400,000 or more [is subject to the requirements of 
this title that apply to a candidate for public office, except as 
provided by this section].
	SECTION 2.18.  Sections 253.100(d), 254.036(d) and (g), and 
254.0401(b) and (c), Election Code, are repealed.
	SECTION 2.19.  (a)  Section 254.002, Election Code, as added 
by this Act, applies beginning January 1, 2004.
	(b)  Section 254.036, Election Code, as amended by this Act, 
applies only to a report required to be filed under Chapter 254, 
Election Code, on or after September 1, 2003.  A report required to 
be filed under Chapter 254, Election Code, before September 1, 
2003, is governed by the law in effect on the date the report was 
required to be filed, and the former law is continued in effect for 
that purpose.
	(c)  Section 254.042(b), Election Code, as amended by this 
Act, applies only to a civil penalty imposed for a late report under 
Chapter 254, Election Code, that is required to be filed on or after 
September 1, 2003.  A civil penalty imposed for a late report under 
Chapter 254, Election Code, that is required to be filed before 
September 1, 2003, is governed by the law in effect on the date the 
report was required to be filed, and the former law is continued in 
effect for that purpose.
	(d)  Section 254.151, Election Code, as amended by this Act, 
applies to the reporting of an expenditure made on or after 
September 1, 2003.  The reporting of an expenditure made before 
September 1, 2003, is governed by the law in effect at the time the 
expenditure was made.
	(e)  Section 255.001(a), Election Code, as amended by this 
Act, applies only to a contract to display political advertising 
that is entered into on or after September 1, 2003.  A contract to 
display political advertising that is entered into before September 
1, 2003, is governed by the law in effect on the date the contract is 
entered into, and the former law is continued in effect for that 
purpose.
	(f)  Section 255.001(a-1), Election Code, as added by this 
Act, applies only to the use of political advertising on or after 
September 1, 2003.
ARTICLE 3.  SPEAKER'S RACE
	SECTION 3.01.  Subchapter B, Chapter 302, Government Code, 
is amended by adding Section 302.0121 to read as follows:
	Sec. 302.0121.  DECLARATION OF SPEAKER CANDIDACY.  (a)  Each 
speaker candidate shall file a declaration of candidacy with the 
Texas Ethics Commission as provided by this section.
	(b)  A declaration of speaker candidacy must:                           
		(1)  be in writing;                                                    
		(2)  identify the legislative session as to which the 
candidacy relates; and
		(3)  include:                                                          
			(A)  the speaker candidate's name;                                    
			(B)  the speaker candidate's residence or 
business street address; and
			(C)  the speaker candidate's telephone number.                        
	(c)  Except as provided by Subsection (e), a speaker 
candidate may not knowingly accept a contribution, loan, or promise 
of a contribution or loan in connection with the speaker candidacy 
or make or authorize a campaign expenditure at a time when a 
declaration of candidacy for the candidate is not in effect.
	(d)  A declaration of speaker candidacy terminates on the 
earlier of: 
		(1)  the date the speaker candidate files a written 
statement with the Texas Ethics Commission stating that the 
candidate has terminated the candidacy; or
		(2)  the date a speaker is elected for the legislative 
session as to which the speaker candidate filed the statement.
	(e)  A former speaker candidate whose declaration of speaker 
candidacy is terminated under Subsection (d) may make a campaign 
expenditure in connection with a debt incurred during the period 
the former speaker candidate's declaration of candidacy was in 
effect.
	SECTION 3.02.  Section 302.013, Government Code, is amended 
by amending Subsections (b) and (d) and adding Subsection (e) to 
read as follows:
	(b)  Each speaker candidate shall file the statement on:                       
		(1)  the first filing date after the date on which the 
speaker candidate files the declaration of candidacy required by 
Section 302.0121 [announcement or initiation of the candidacy];
		(2)  each filing date during the candidacy; and                               
		(3)  each filing date until all campaign loans have 
been repaid.            
	(d)  Each speaker candidate shall file the statement by 
computer diskette, modem, or other means of electronic transfer, 
using computer software provided [on an official form designed] by 
the Texas Ethics Commission or computer software that meets 
commission specifications for a standard file format.
	(e)  The Texas Ethics Commission shall implement an 
electronic filing system under Subsection (d) not later than 
September 1, 2004.  The commission by rule shall identify the date 
on which the requirement that a statement must be made as required 
by Subsection (d) takes effect and the first reporting period under 
Subsection (c) for which a statement must be made as required by 
Subsection (d).  This subsection expires January 1, 2005.
	SECTION 3.03.  Section 302.015(b), Government Code, is 
amended to read as follows:
	(b)  A statement required to be filed on the day before a 
regular or called session convenes must actually be delivered and 
in the possession of the Texas Ethics Commission not later than 5
[4] p.m. of that day.
	SECTION 3.04.  Subchapter B, Chapter 302, Government Code, 
is amended by adding Sections 302.0191 and 302.0201 to read as 
follows:
	Sec. 302.0191.  CONTRIBUTIONS AND EXPENDITURES FROM 
POLITICAL CONTRIBUTIONS.  A person, including a speaker candidate, 
may not make a contribution to a speaker candidate's campaign or an 
expenditure to aid or defeat a speaker candidate from:
		(1)  political contributions accepted under Title 15, 
Election Code; 
		(2)  interest earned on political contributions 
accepted under Title 15, Election Code; or
		(3)  an asset purchased with political contributions 
accepted under Title 15, Election Code.
	Sec. 302.0201.  DISPOSITION OF UNEXPENDED FUNDS; REPORT.  
(a)  A former speaker candidate may:
		(1)  use unexpended campaign funds to retire debt 
incurred in connection with the speaker candidacy; or
		(2)  remit unexpended campaign funds to one or more of 
the following:
			(A)  one or more persons from whom campaign funds 
were received, in accordance with Subsection (c); or
			(B)  a recognized tax-exempt, charitable 
organization formed for educational, religious, or scientific 
purposes.
	(b)  A former speaker candidate may not retain contributions 
covered by this subchapter, assets purchased with the 
contributions, or interest and other income earned on the 
contributions for more than six years after the date the person 
ceases to be a speaker candidate or hold the office of speaker.
	(c)  The amount of campaign funds disposed of under 
Subsection (a)(2)(A) to one person may not exceed the aggregate 
amount accepted from that person in connection with the former 
speaker candidate's most recent campaign for election to the office 
of speaker.
	(d)  Not later than January 15 of each year, a former speaker 
candidate who retains unexpended campaign funds shall file a sworn 
report with the Texas Ethics Commission that includes:
		(1)  the full name and address of each person to whom a 
payment from unexpended campaign funds is made;
		(2)  the date and amount of each payment reported under 
Subdivision (1); and
		(3)  the information required by Section 302.014 as to 
any contribution, loan, or expenditure not previously reported on a 
statement filed under Section 302.013.
	(e)  A report filed under this section covers, as applicable:           
		(1)  the period:                                                       
			(A)  beginning on the date after the last day of 
the period covered by the most recent statement filed by the former 
speaker candidate under Section 302.013; and
			(B)  ending on December 31 of the preceding year; 
or                
		(2)  the preceding calendar year.                                      
	(f)  A former speaker candidate shall file the report on an 
official form designed by the Texas Ethics Commission.  Sections 
302.015 and 302.016 apply to a report filed under this section.
	(g)  For purposes of this section, a speaker candidate 
elected as speaker of the house of representatives is considered to 
be a former speaker candidate.
	SECTION 3.05.  Section 302.021, Government Code, is amended 
by amending Subsections (a) and (f) and adding Subsection (e-1) to 
read as follows:
	(a)  A speaker candidate or former speaker candidate commits 
an offense if the person [speaker candidate]:
		(1)  knowingly fails to file the declaration of 
candidacy required by Section 302.0121;
		(2)  knowingly [wilfully] fails to file the statement 
required by Section 302.013;
		(3)  knowingly accepts a contribution, loan, or promise 
of a contribution or loan in violation of Section 302.0121(c);
		(4) [(2)]  knowingly accepts [receives] a 
contribution, loan, or promise of a contribution or loan prohibited 
by Section 302.017 from a corporation, partnership, association, 
firm, union, foundation, committee, club, or other organization or 
group of persons; [or]
		(5)  knowingly accepts a contribution from a person who 
uses political contributions, interest earned on political 
contributions, or an asset purchased with political contributions 
to make the contribution in violation of Section 302.0191;
		(6) [(3)]  expends campaign funds for any purpose other 
than those enumerated in Section 302.020;
		(7)  knowingly retains contributions, assets purchased 
with contributions, or interest or other income earned on 
contributions in violation of Section 302.0201(b); or
		(8)  knowingly fails to file the report of unexpended 
campaign funds as required by Section 302.0201(d).
	(e-1)  A person commits an offense if the person knowingly 
makes a contribution to a speaker candidate's campaign or an 
expenditure to aid or defeat a speaker candidate from political 
contributions, interest earned on political contributions, or an 
asset purchased with political contributions in violation of 
Section 302.0191.
	(f)  An offense under this section is a Class A misdemeanor 
[punishable by a fine of not less than $500 nor more than $5,000, by 
imprisonment for not more than one year, or by both].
	SECTION 3.06.  (a)  Section 302.021, Government Code, as 
amended by this Act, applies only to an offense committed on or 
after September 1, 2003.  For the purposes of this section, an 
offense is committed before September 1, 2003, if any element of the 
offense occurs before that date.
	(b)  An offense committed before September 1, 2003, is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.
ARTICLE 4.  LOBBYING
	SECTION 4.01.  Section 305.002, Government Code, is amended 
by adding Subdivisions (12) and (13) to read as follows:
		(12)  "Client" means a person or entity for which the 
registrant is registered or is required to be registered.
		(13)  "Person associated with the registrant" means a 
partner or other person professionally associated with the 
registrant through a common business entity, other than a client, 
that reimburses, retains, or employs the registrant.
	SECTION 4.02.  Section 305.003, Government Code, is amended 
by amending Subsection (b) and adding Subsection (b-1) to read as 
follows:
	(b)  Subsection (a)(2) requires a person to register if the 
person, as part of his regular employment, has communicated 
directly with a member of the legislative or executive branch to 
influence legislation or administrative action on behalf of the 
person by whom he is compensated or reimbursed, whether or not the 
person receives any compensation for the communication in addition 
to the salary for that regular employment.
	(b-1)  [However,] Subsection (a)(2) does not require a 
member of the judicial, legislative, or executive branch of state 
government or an officer or employee of a political subdivision of 
the state to register.  This subsection does not apply to an officer 
or employee of a quasi-governmental agency.  For purposes of this 
subsection, "quasi-governmental agency" means a governmental 
agency, other than an institution of higher education as defined by 
Section 61.003, Education Code, that has as one of its primary 
purposes engaging in an activity that is normally engaged in by a 
nongovernmental agency, including:
		(1)  acting as a trade association; or                                 
		(2)  competing in the public utility business with 
private entities. 
	SECTION 4.03.  Sections 305.005(a) and (c), Government Code, 
are amended to read as follows:
	(a)  Each person required to register under this chapter 
shall file a written registration [form] with the commission [on a 
form prescribed by the commission] and shall submit a registration 
fee.
	(c)  The registration fee and registration renewal fee are:                    
		(1)  $100 for a registrant employed by an organization 
exempt from federal income tax under Section 501(c)(3) or 
501(c)(4), Internal Revenue Code of 1986, and its subsequent 
amendments; or
		(2)  $600 [$300] for any other registrant.            
	SECTION 4.04.  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 4.05.  Subchapter A, Chapter 305, Government Code, 
is amended by adding Section 305.0064 to read as follows:
	Sec. 305.0064.  ELECTRONIC FILING OF REGISTRATIONS AND 
ACTIVITY REPORTS.  (a)  Except as provided by Subsection (b), each 
registration filed under Section 305.005 and 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 registrations or reports on forms 
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 registrations or 
reports for good cause only.
	(c)  The commission shall implement an electronic filing 
system under Subsection (a) not later than December 1, 2004.  The 
commission by rule shall identify the date on which the requirement 
that a registration must be made as required by Subsection (a) takes 
effect and 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).  Additional revenue generated by a fee 
increase under this subsection may be used only to develop and 
implement the electronic filing system.  The commission may impose 
a different increase for each fee under Section 305.005(c).  This 
subsection expires January 1, 2006.
	SECTION 4.06.  Sections 305.028(b), (c), and (f)-(h), 
Government Code, are amended to read as follows:
	(b)  Except as permitted by Subsection (c), a registrant may 
not represent a client [person] in communicating directly with a 
member of the legislative or executive branch to influence a 
legislative subject matter [legislation] or an administrative 
action if the representation of that client [person]:
		(1)  involves a substantially related matter in which 
that client's [person's] interests are materially and directly 
adverse to the interests of:
			(A)  another client of the registrant;                                       
			(B)  an employer or concern employing the 
registrant; or                   
			(C)  another client of a [partner or other] person 
associated with the registrant; or
		(2)  reasonably appears to be [or potentially be] 
adversely limited by:
			(A)  the registrant's, the employer's or 
concern's, or the [partner's or] other associated person's 
responsibilities to another client [or to a third person]; or
			(B)  the registrant's, employer's or concern's own 
interests, or [partner's or] other associated person's own business 
interests.
	(c)  A registrant may represent a client in the circumstances 
described in Subsection [(a) or] (b) if:
		(1)  the registrant reasonably believes the 
representation of each client will not be materially affected;
		(2)  not later than the second business day after the 
date the registrant becomes aware of a [an actual or potential] 
conflict described by Subsection [(a) or] (b), the registrant 
provides written notice, in the manner required by the commission, 
to each affected [or potentially affected] client; and
		(3)  not later than the 10th day after the date the 
registrant becomes aware of a [an actual or potential] conflict 
described by Subsection [(a) or] (b), the registrant files with the 
commission a statement that:
			(A)  indicates [indicating] that there is a [an 
actual or potential] conflict;
			(B)  states [and] that the registrant has notified 
each affected [or potentially affected] client as required by 
Subdivision (2); and
			(C)  states the name and address of each affected 
client.           
	(f)  In each report filed with the commission, a registrant 
shall, under oath, affirm that the registrant has, to the best of 
the registrant's knowledge, complied with this section.
	(g)  The commission may receive complaints regarding a 
violation of this section.  If the commission determines a 
violation of this section has occurred, the commission, after 
notice and hearing:
		(1)  shall [may] impose a civil [any] penalty in an 
amount not to exceed $2,000 [that the commission may impose under 
another state law]; and
		(2)  may rescind the person's registration and may 
prohibit the person from registering with the commission for a 
period not to exceed two years from the date of the rescission of 
the person's registration.
	(h)  A penalty under this section is in addition to any other 
enforcement, criminal, or civil action that the commission or 
another person may take under this chapter or other law.
	SECTION 4.07.  Section 305.033(b), Government Code, is 
amended to read as follows:
	(b)  If a registration or report is determined to be late, 
the person responsible for the filing is liable to the state for 
payment of a civil penalty of $500 [in an amount determined by 
commission rule, but not to exceed $100 for each day that the 
registration or report is late].
	SECTION 4.08.  Sections 305.028(a) and 305.031(c), 
Government Code, are repealed.
	SECTION 4.09.  (a)  Sections 305.028 and 305.031, Government 
Code, as amended by this Act, apply only to an offense committed on 
or after September 1, 2003.  For the purposes of this section, an 
offense is committed before September 1, 2003, if any element of the 
offense occurs before that date.  An offense committed before 
September 1, 2003, is covered by the law in effect when the offense 
was committed, and the former law is continued in effect for that 
purpose.
	(b)  Section 305.033(b), Government Code, as amended by this 
Act, applies only to a civil penalty imposed for a late registration 
or report under Chapter 305, Government Code, that is required to be 
filed on or after September 1, 2003.  A civil penalty imposed for a 
late registration or report under Chapter 305, Government Code, 
that is required to be filed before September 1, 2003, is governed 
by the law in effect on the date the report was required to be filed, 
and the former law is continued in effect for that purpose.
ARTICLE 5.  PERSONAL FINANCIAL DISCLOSURE BY AND STANDARDS OF
CONDUCT FOR STATE OFFICERS AND EMPLOYEES
	SECTION 5.01.  Section 572.022(c), Government Code, is 
amended to read as follows:
	(c)  The individual filing the statement shall report a 
description of real property by reporting:
		(1)  the street address, if available, or the number of 
lots or number of acres, as applicable, in each county, and the name 
of the county, if the street address is not available; and
		(2)  the names of all persons retaining an interest in 
the property, excluding an interest that is a severed mineral 
interest.
	SECTION 5.02.  Section 572.023, Government Code, is amended 
by amending Subsection (b) and adding Subsections (c) and (d) to 
read as follows:
	(b)  The account of financial activity consists of:                            
		(1)  a list of all sources of occupational income, 
identified by employer, or if self-employed, by the nature of the 
occupation, including identification of a person or other 
organization from which the individual or a business in which the 
individual has a substantial interest received a fee as a retainer 
for a claim on future services in case of need, as distinguished 
from a fee for services on a matter specified at the time of 
contracting for or receiving the fee, if professional or 
occupational services are not actually performed during the 
reporting period equal to or in excess of the amount of the 
retainer, and the category of the amount of the fee;
		(2)  identification by name and the category of the 
number of shares of stock of any business entity held or acquired, 
and if sold, the category of the amount of net gain or loss realized 
from the sale;
		(3)  a list of all bonds, notes, and other commercial 
paper held or acquired, and if sold, the category of the amount of 
net gain or loss realized from the sale;
		(4)  identification of each source and the category of 
the amount of income in excess of $500 derived from each source from 
interest, dividends, royalties, and rents;
		(5)  identification of each guarantor of a loan and 
identification of each person or financial institution to whom a 
personal note or notes or lease agreement for a total financial 
liability in excess of $1,000 existed at any time during the year 
and the category of the amount of the liability;
		(6)  identification by description of all beneficial 
interests in real property, whether held directly or in a trust or 
partnership, and business entities held or acquired, and if sold, 
the category of the amount of the net gain or loss realized from the 
sale;
		(7)  identification of a person or other organization 
from which the individual or the individual's spouse or dependent 
children received a gift of anything of value in excess of $250 and 
a description of each gift, except:
			(A)  a gift received from an individual related to 
the individual at any time within the second degree by 
consanguinity or affinity, as determined under Subchapter B [A], 
Chapter 573;
			(B)  a political contribution that was reported as 
required by Chapter 254, Election Code [law]; and
			(C)  an expenditure required to be reported by a 
person required to be registered under Chapter 305;
		(8)  identification of the source and the category of 
the amount of all income received as beneficiary of a trust, other 
than a blind trust that complies with Subsection (c), and 
identification of each trust asset, if known to the beneficiary, 
from which income was received by the beneficiary in excess of $500;
		(9)  identification by description and the category of 
the amount of all assets and liabilities of a corporation, firm,
[or] partnership, limited partnership, limited liability 
partnership, professional corporation, professional association, 
joint venture, or other business association in which 50 percent or 
more of the outstanding ownership was held, acquired, or sold;
		(10)  a list of all boards of directors of which the 
individual is a member and executive positions that the individual 
holds in corporations, firms, partnerships, limited partnerships, 
limited liability partnerships, professional corporations, 
professional associations, joint ventures, or other business 
associations or proprietorships, stating the name of each 
corporation, firm, partnership, limited partnership, limited 
liability partnership, professional corporation, professional 
association, joint venture, or other business association or 
proprietorship and the position held;
		(11)  identification of any person providing 
transportation, meals, or lodging expenses permitted under Section 
36.07(b), Penal Code, and the amount of those expenses, other than 
expenditures required to be reported under Chapter 305; [and]
		(12)  any corporation, firm, partnership, limited 
partnership, limited liability partnership, professional 
corporation, professional association, joint venture, or other 
business association, excluding a publicly held corporation, in 
which both the individual [state officer] and a person registered 
under Chapter 305 have an interest;
		(13)  identification by name and the category of the 
number of shares of any mutual fund held or acquired, and if sold, 
the category of the amount of net gain or loss realized from the 
sale; and
		(14)  identification of each blind trust that complies 
with Subsection (c), including:
			(A)  the category of the fair market value of the 
trust;            
			(B)  an identification of each asset placed in the 
trust;           
			(C)  the date the trust was created;                                  
			(D)  the name and address of the trustee; and                         
			(E)  a statement signed by the trustee, under 
penalty of perjury, stating that:
				(i)  the trustee has not revealed any 
information to the individual, except information that may be 
disclosed under Subdivision (8); and
				(ii)  to the best of the trustee's knowledge, 
the trust complies with this section.
	(c)  For purposes of Subsections (b)(8) and (14), a blind 
trust is a trust as to which:
		(1)  the trustee:                                                      
			(A)  is a disinterested party;                                        
			(B)  is not the individual or a person related to 
the individual within the first degree by consanguinity or 
affinity, as determined under Subchapter B, Chapter 573;
			(C)  is not a public officer or public employee; 
and                
			(D)  was not appointed to public office by the 
individual or by a public officer or public employee the individual 
supervises;
		(2)  the trustee has complete discretion to manage the 
trust, including the power to dispose of and acquire trust assets 
without consulting or notifying the individual; and
		(3)  the trustee is required to notify the individual 
of the date of disposition and value at disposition of any original 
investments or interests in real property so that information can 
be reported on the individual's financial statement.
	(d)  If a blind trust under Subsection (c) is revoked while 
the individual is subject to this subchapter, or if the individual 
learns of any replacement assets of the trust, the individual must 
file an amendment to the individual's most recent financial 
statement, disclosing the date of revocation and the previously 
unreported value by category of each asset and the income derived 
from each asset.  For purposes of this section, any replacement 
asset of which the individual learns is treated after the date the 
individual learns of the replacement as though it were an original 
asset of the trust.
	SECTION 5.03.  Section 572.033(b), Government Code, is 
amended to read as follows:
	(b)  If a statement is determined to be late, the individual 
responsible for filing the statement is [civilly] liable to the 
state for a civil penalty of $500 [an amount determined by 
commission rule, but not to exceed $100 for each day that the 
statement is late].  If a statement is more than 30 days late, the 
commission shall issue a warning of liability by registered mail to 
the individual responsible for the filing.  If the penalty is not 
paid before the 10th day after the date on which the warning is 
received, the individual is liable for a civil penalty in an amount 
determined by commission rule, but not to exceed $10,000.
	SECTION 5.04.  Section 572.051, Government Code, is amended 
to read as follows:
	Sec. 572.051.  STANDARDS OF CONDUCT.  (a)  A state officer or 
employee may [should] not:
		(1)  accept or solicit any gift, favor, or service that 
might reasonably tend to influence the officer or employee in the 
discharge of official duties or that the officer or employee knows 
or should know is being offered with the intent to influence the 
officer's or employee's official conduct;
		(2)  accept other employment or engage in a business or 
professional activity that the officer or employee might reasonably 
expect would require or induce the officer or employee to disclose 
confidential information acquired by reason of the official 
position;
		(3)  accept other employment or compensation that could 
reasonably be expected to impair the officer's or employee's 
independence of judgment in the performance of the officer's or 
employee's official duties;
		(4)  make personal investments that could reasonably be 
expected to create a substantial conflict between the officer's or 
employee's private interest and the public interest; [or]
		(5)  intentionally or knowingly solicit, accept, or 
agree to accept any benefit for having exercised the officer's or 
employee's official powers or performed the officer's or employee's 
official duties in favor of another; or
		(6)  intentionally or knowingly solicit, accept, or 
agree to accept any economic benefit, other than a benefit 
described by Section 36.10, Penal Code, compensation, or contract 
from a governmental or other entity that the officer or employee 
knows or should know would not be offered or paid to or made with the 
officer or employee but for the officer's or employee's position as 
a state officer or employee.
	(b)  A member of the legislature who violates this section is 
subject to discipline by the house to which the member belongs, as 
provided by Section 11, Article III, Texas Constitution.  Any other 
state officer who violates this section is subject to removal from 
office for official misconduct as provided by law.  A state employee 
who violates this section is subject to termination of employment.
	(c)  Discipline, removal, or termination under Subsection 
(b) is in addition to any civil or criminal penalty that applies to 
the person's conduct.
	SECTION 5.05.  Section 572.052, Government Code, is amended 
by amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  A member of the legislature may not, for compensation, 
represent another person before:
		(1)  a state agency in the executive branch of state 
government; or
		(2)  a state agency in the judicial branch of state 
government, other than a court, that:
			(A)  receives state funds; and                                        
			(B)  conducts adjudicative proceedings that are 
not open to the public [unless:
		[(1)  the representation:                                    
			[(A)  is made in a proceeding that is adversary in 
nature or in another public hearing that is a matter of record; or
			[(B)  involves the filing of documents, contacts 
with the agency, or other relations, that involve only ministerial 
acts on the part of the commission, agency, board, department, or 
officer; and
		[(2)  the member discloses to the agency that the 
member is being compensated for the representation].
	(a-1)  Subsection (a) does not apply to the representation of 
a person by a member of the legislature in an administrative 
proceeding that arises out of the same facts from which a criminal 
proceeding in which the member represented the person arose.
	SECTION 5.06.  Section 572.053, Government Code, is amended 
to read as follows:
	Sec. 572.053.  INTRODUCTION OR SPONSORSHIP OF OR VOTING [BY 
LEGISLATORS] ON CERTAIN MEASURES OR BILLS BY LEGISLATORS[; CRIMINAL 
OFFENSE].  (a)  A member of the legislature may not introduce, 
sponsor, or vote on a measure or a bill, other than a measure that 
will affect an entire class of business entities, if:
		(1)  it is reasonably foreseeable that the measure or 
bill will have an economic effect distinguishable from its effect 
on the public on a business entity or real property in which the 
member has a substantial interest; or
		(2)  a person related to the member in the second degree 
by consanguinity or affinity, as determined under Subchapter B, 
Chapter 573, or a business entity that employs the member or a 
person related to the member in the second degree by consanguinity 
or affinity, is registered as a lobbyist under Chapter 305 with 
respect to the subject matter of the measure or bill.
	(b)  If it is reasonably foreseeable that a measure or bill 
will have the same effect on a business entity or real property in 
which a member has a substantial interest as it will have on an 
entire class of business entities or real property, or if the 
measure or bill will have an effect on a contract between a member 
and a governmental entity, the member shall file the notice 
required by Subsection (d) before introducing, sponsoring, or 
voting on the measure or bill.
	(c)  A member of the legislature has a substantial interest 
in real property if the interest is an equitable or legal ownership 
with a fair market value of $2,500 or more.
	(d)  A member of the house of representatives to whom 
Subsection (a) or (b) applies shall file a written notice of that 
fact with the chief clerk of the house of representatives.  A 
senator to whom Subsection (a) or (b) applies shall file a written 
notice of that fact with the secretary of the senate.  The member 
shall also file a notice with the commission.  A notice filed under 
this subsection must:
		(1)  identify:                                                         
			(A)  the member;                                                      
			(B)  the measure or bill with respect to which the 
notice is required under this section; and
			(C)  whether the member is filing the notice 
pursuant to Subsection (a) or (b); and
		(2)  be included in the journal of the house to which 
the member belongs.
	(e)  A person related to the member or an employer to whom 
Subsection (a)(2) applies shall file a notice with the commission 
identifying:
		(1)  the member; and                                                   
		(2)  the measure or bill with respect to which notice is 
required under this section.
	(f)  A member of the legislature required by Subsection (b) 
to file a notice regarding a contract between the member and a 
governmental entity may satisfy the notice requirement by either:
		(1)  filing a notice under Subsection (d) for each 
measure and bill, specifying the governmental agency with which the 
member has a contract; or
		(2)  filing a list, in the manner provided by 
Subsection (d), at the beginning of each legislative session of 
each contract between the member and a governmental entity and, 
during the legislative session, filing an amended list not later 
than the 10th day after the date the member enters into a new 
contract with a governmental entity.
	(g)  A member of the legislature who violates this section is 
subject to discipline by the house to which the member belongs, as 
provided by Section 11, Article III, Texas Constitution[, that will 
directly benefit a specific business transaction of a business 
entity in which the member has a controlling interest.
	[(b)  In this section, "controlling interest" includes:       
		[(1)  an ownership interest or participating interest 
by virtue of shares, stock, or otherwise that exceeds 10 percent;
		[(2)  membership on the board of directors or other 
governing body of the business entity; or
		[(3)  service as an officer of the business entity.          
	[(c)  A member of the legislature commits an offense if the 
member violates this section.  An offense under this subsection is a 
Class A misdemeanor].
	SECTION 5.07.  Article 26.06, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 26.06.  ELECTED OFFICIALS NOT TO BE APPOINTED.  No court 
may appoint an elected county, district or state official to 
represent a person accused of crime, unless the official has 
notified the court of his availability for appointment.  If an 
official has notified the court of his availability and is 
appointed as counsel, he may decline the appointment if he 
determines that it is in the best interest of his office to do so.  
[Nothing in this Code shall modify any statutory provision for 
legislative continuance.]
	SECTION 5.08.  The following are repealed:                                     
		(1)  Section 30.003, Civil Practice and Remedies Code;                        
		(2)  Section 84.005, Family Code; and                                         
		(3)  Section 1205.069, Government Code.                                       
	SECTION 5.09.  (a)  Notwithstanding Section 22.004, 
Government Code, the supreme court may not amend or adopt a rule 
requiring a court to grant a continuance because an attorney in a 
civil action is a member of the legislature and shall, not later 
than September 15, 2003, repeal any such existing rule.
	(b)  Section 572.052, Government Code, as amended by this 
Act, applies only to representation before a state agency in regard 
to a matter as to which a member of the legislature is hired on or 
after September 1, 2003.  Representation in regard to a matter as to 
which a member of the legislature was hired before September 1, 
2003, and the reporting of that representation are governed by the 
law in effect at the time the member was hired, and that law is 
continued in effect for that purpose.
	(c)  Sections 572.022 and 572.023, Government Code, as 
amended by this Act, apply only to a financial statement required to 
be filed under Subchapter B, Chapter 572, Government Code, on or 
after January 1, 2004.  A financial statement required to be filed 
under Subchapter B, Chapter 572, Government Code, before January 1, 
2004, is governed by the law in effect immediately before the 
effective date of this Act, and the former law is continued in 
effect for that purpose.
	(d)  Section 572.033(b), Government Code, as amended by this 
Act, applies only to a civil penalty imposed for a late report under 
Subchapter B, Chapter 572, Government Code, that is required to be 
filed on or after September 1, 2003.  A civil penalty imposed for a 
late report under Subchapter B, Chapter 572, Government Code, that 
is required to be filed before September 1, 2003, is governed by the 
law in effect on the date the report was required to be filed, and 
the former law is continued in effect for that purpose.
	(e)  Section 572.053, Government Code, as amended by this 
Act, applies only to a vote on a bill or measure cast by a member of 
the legislature on or after September 1, 2003.  A vote on a bill or 
measure cast by a member of the legislature before September 1, 
2003, is governed by the law in effect on the date the vote was cast, 
and the former law is continued in effect for that purpose.
ARTICLE 6.  PERSONAL FINANCIAL DISCLOSURE BY
COUNTY AND MUNICIPAL OFFICERS
	SECTION 6.01.  Subtitle A, Title 5, Local Government Code, 
is amended by adding Chapter 145 to read as follows:
CHAPTER 145.  FINANCIAL DISCLOSURE BY
MUNICIPAL OFFICERS
	Sec. 145.001.  APPLICABILITY OF CHAPTER.  This chapter 
applies only to a municipality with a population of 200,000 or more.
	Sec. 145.002.  DEFINITION.  In this chapter, "municipal 
officer" means the mayor, a member of the governing body, the 
municipal attorney, or the city manager of a municipality.
	Sec. 145.003.  FINANCIAL STATEMENT REQUIRED.  (a)  A 
municipal officer or a candidate for a municipal office filled by 
election shall file a financial statement as required by this 
chapter.
	(b)  The statement must:                                                
		(1)  be filed with the clerk or secretary of the 
municipality in which the officer or candidate resides; and
		(2)  comply with Sections 572.022 and 572.023, 
Government Code.      
	Sec. 145.004.  FILING DATES; TIMELINESS OF FILING.  (a)  A 
municipal officer shall file the financial statement required by 
this chapter within the time prescribed by Section 572.026(a), 
Government Code.
	(b)  A person who is appointed to a municipal office shall 
file the financial statement required by this chapter within the 
time prescribed by Section 572.026(c), Government Code.
	(c)  A candidate for a municipal office filled by election 
shall file the financial statement required by this chapter not 
later than the earlier of:
		(1)  the 20th day after the deadline for filing an 
application for a place on the ballot in the election; or
		(2)  the fifth day before the date of the election.                    
	(d)  The timeliness of the filing is governed by Section 
572.029, Government Code.
	(e)  A municipal officer or a person who is appointed to a 
municipal office may request the clerk or secretary of the 
municipality to grant an extension of not more than 60 days for 
filing the statement.  The clerk or secretary shall grant the 
request if it is received before the filing deadline or if the 
officer's physical or mental incapacity prevents the officer from 
filing the statement or requesting an extension before the filing 
deadline.  The clerk or secretary may not grant more than one 
extension to a person in one year except for good cause shown.
	(f)  The clerk or secretary may not grant an extension to a 
candidate for a municipal office filled by election.
	Sec. 145.005.  FORM OF STATEMENT.  (a)  The clerk or 
secretary of the municipality shall require that the form designed 
by the Texas Ethics Commission under Chapter 572, Government Code, 
be used for filing the financial statement.
	(b)  The clerk or secretary shall mail two copies of the form 
to each municipal officer or person who is appointed to a municipal 
office who is required to file under this chapter within the time 
prescribed by Section 572.030(c)(1), Government Code.  The clerk or 
secretary shall mail a copy of the form to each candidate for a 
municipal office filled by election who is required to file under 
this chapter not later than the 10th day before the deadline for 
filing the statement under Section 145.004(c).
	Sec. 145.006.  DUPLICATE OR SUPPLEMENTAL STATEMENTS.  If a 
person has filed a financial statement under one provision of this 
chapter covering the preceding calendar year, the person is not 
required to file a financial statement required under another 
provision of this chapter covering that same year if, before the 
deadline for filing the statement under the other provision, the 
person notifies the clerk or secretary of the municipality in 
writing that the person has already filed a financial statement 
under this chapter covering that year.
	Sec. 145.007.  PUBLIC ACCESS TO STATEMENTS.  (a)  Financial 
statements filed under this chapter are public records.  The clerk 
or secretary of the municipality shall maintain the statements in 
separate alphabetical files and in a manner that is accessible to 
the public during regular office hours.
	(b)  Until the first anniversary of the date a financial 
statement is filed, each time a person, other than the clerk or 
secretary of the municipality or an employee of the clerk or 
secretary who is acting on official business, requests to see the 
financial statement, the clerk or secretary shall place in the file 
a statement of the person's name and address, whom the person 
represents, and the date of the request.  The clerk or secretary 
shall retain that statement in the file until the first anniversary 
of the date the requested financial statement is filed.
	(c)  The clerk or secretary of the municipality may, and on 
notification from a former officer or candidate shall, destroy any 
financial statements filed by the officer or candidate after the 
second anniversary of the date the person ceases to be an officer or 
candidate, as applicable.
	Sec. 145.008.  NOTIFICATION TO PROSECUTING ATTORNEY.  The 
clerk or secretary of each municipality shall maintain a list of the 
municipal officers and candidates for municipal office required to 
file a financial statement under this chapter.  Not later than the 
10th day after each applicable filing deadline, the municipal clerk 
shall provide to the municipal attorney a copy of the list showing 
for each municipal officer and candidate for municipal office:
		(1)  whether the officer or candidate timely filed a 
financial statement as required by this chapter;
		(2)  whether the officer or candidate timely requested 
and was granted an extension of time to file as provided for by 
Section 145.004 and the new due date for each such officer or 
candidate; or
		(3)  whether the officer or candidate did not timely 
file a financial statement or receive an extension of time.
	Sec. 145.009.  CRIMINAL PENALTY.  (a)  A municipal officer or 
a candidate for a municipal office filled by election commits an 
offense if the officer or candidate knowingly fails to file a 
financial statement as required by this chapter.
	(b)  An offense under this section is a Class B misdemeanor.            
	(c)  It is a defense to prosecution under this section that 
the officer or candidate did not receive copies of the financial 
statement form required to be mailed to the officer or candidate by 
this chapter.
	Sec. 145.010.  CIVIL PENALTY.  (a)  A person who determines 
that a person required to file a financial statement under this 
chapter has failed to do so may notify in writing the municipal 
attorney of the municipality.
	(b)  On receipt of a written notice under Subsection (a), the 
municipal attorney shall determine from any available evidence 
whether the person to whom the notice relates has failed to file a 
statement.  On making that determination, the municipal attorney 
shall immediately mail by certified mail a notice of the 
determination to the person responsible for filing the statement.
	(c)  If the person responsible for filing the statement fails 
to file the statement before the 30th day after the date the person 
receives the notice under Subsection (b), the person is civilly 
liable to the municipality for an amount not to exceed $1,000.
	(d)  A penalty paid under this section shall be deposited to 
the credit of the general fund of the municipality.
	SECTION 6.02.  Subchapter A, Chapter 159, Local Government 
Code, is amended by adding Section 159.0071 to read as follows:
	Sec. 159.0071.  NOTIFICATION TO PROSECUTING ATTORNEY.  The 
county clerk of each county shall maintain a list of the county 
officers and candidates for county office required to file a 
financial statement under this subchapter.  Not later than the 10th 
day after each applicable filing deadline, the county clerk shall 
provide to the county attorney or criminal district attorney a copy 
of the list showing for each county officer and candidate for county 
office:
		(1)  whether the officer or candidate timely filed a 
financial statement as required by this subchapter;
		(2)  whether the officer or candidate timely requested 
and was granted an extension of time to file as provided for by 
Section 159.004 and the new due date for each such officer or 
candidate; or
		(3)  whether the officer or candidate did not timely 
file a financial statement or receive an extension of time.
	SECTION 6.03.  Chapter 145, Local Government Code, as added 
by this Act, applies beginning January 1, 2004.  A municipal officer 
or candidate for municipal office is not required to include 
financial activity occurring before January 1, 2003, in a financial 
disclosure statement under Chapter 145, Local Government Code, as 
added by this Act.
ARTICLE 7.  EFFECTIVE DATE
	SECTION 7.01.  This Act takes effect September 1, 2003.