By:  Madden (Senate Sponsor - Ellis)                              H.B. No. 3096
	(In the Senate - Received from the House May 12, 2003; 
May 13, 2003, read first time and referred to Committee on State 
Affairs; May 23, 2003, reported favorably, as amended, by the 
following vote:  Yeas 6, Nays 0; May 23, 2003, sent to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Ellis

	Amend H.B. No. 3096 as follows:                                              
	(1)  In SECTION 1 of the bill, in the recital (Committee 
Printing version, page 1, line 30), strike "Section 254.042(b), 
Election Code, is amended" and substitute "Section 254.042, 
Election Code, is amended by amending Subsection (b) and adding 
Subsection (b-1)".
	(2)  Between SECTIONs 1 and 2 of the bill, after amended 
Section 254.042(b), Election Code (Committee Printing version, 
page 1, between lines 50 and 51), insert the following:
	(b-1)  A report is not considered to be late for purposes of 
Subsection (b) if:
		(1)  the report as originally filed substantially 
complies with this chapter; and
		(2)  the person filing the report promptly files a 
corrected or amended report on learning that the report as 
originally filed is inaccurate or incomplete.
	                                                                               


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.                           



* * * * *