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78R7216 ESH-D

By:  Staples                                                      S.B. No. 1850



A BILL TO BE ENTITLED

AN ACT

relating to civil penalties for violations of certain reporting 
requirements relating to political contributions and expenditures.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 254.042, Election Code, is amended by 
amending Subsection (b) and adding Subsection (b-1) to read as 
follows:
	(b)  Except as provided by Subsection (b-1), if [If] a report 
is determined to be late, the person required to file the report is 
[civilly] liable to the state for a civil penalty in an amount 
determined by commission rule, but not to exceed $100 for each day 
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.
	(b-1)  This subsection applies only to a report required in 
connection with an election to a statewide office or the 
legislature.  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 $1,000 for each 
day that the report is late.  If a report under Section 254.038 or 
254.039 is determined to be late, the person required to file the 
report is liable to the state for a civil penalty of $10,000 for 
each day that the report is late.
	SECTION 2.  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.
	SECTION 3.  This Act takes effect September 1, 2003.