By: Madden H.B. No. 3096
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for the failure to timely file a report of
political contributions and expenditures with the Texas Ethics
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) or the first report under
Section 254.063 or 254.123 that is required to be filed following
the general or primary election 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) or the
first report under Section 254.063 or 254.123 that is required to be
filed following the general or primary election 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. The change in law made by this Act to Section
254.042, Election Code, applies only to a report required to be
filed with the Texas Ethics Commission on or after September 1,
2003. A report filed before that date is governed by the law in
effect at the time the report was filed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.