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.