Amend CSSB 12 as follows by adding appropriately numbered
SECTIONS to the bill and renumbering subsequent sequent SECTIONS
accordingly:
SECTION __. Section 254.036, Election Code, is amended to
read as follows:
Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS.
(a) Each report filed under this chapter with an authority other
than the commission must be on a form prescribed by the commission
and must be written in black ink or typed with black typewriter
ribbon unless the report is a computer printout. If the report is a
computer printout, the printout must conform to the same format and
paper size as the form prescribed by the commission.
(b) Except as provided by Subsection (c) or (d) [, (e), or
(f)], 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 $20,000 or make political expenditures that in the
aggregate exceed $20,000.
[(c-1) An affidavit under Subsection (c) 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
Subsection (c); or
[(2) the candidate, officeholder, or committee
exceeds $20,000 in political contributions or political
expenditures in a calendar year.]
[(e)] A candidate for an office described by Section
252.005(5) or a specific-purpose committee for supporting or
opposing only candidates for an office described by Section
252.005(5) or a measure described by Section 252.007(5) may file
reports that comply with Subsection (a).
(d) [(f)] An individual required to file a report with the
commission in connection with a direct campaign expenditure to
which Section 253.062 applies may file a report that complies with
Subsection (a).
(e) [(h)] Each report filed under this chapter that is not
filed by electronic transfer must be accompanied by an affidavit
executed by the person required to file the report. The affidavit
must contain the statement: "I swear, or affirm, under penalty of
perjury, that the accompanying report is true and correct and
includes all information required to be reported by me under Title
15, Election Code." Each report filed under this chapter by
electronic transfer must be under oath by the person required to
file the report and must contain, in compliance with commission
specifications, the digitized signature of the person required to
file the report. A report filed under this chapter is considered to
be under oath by the person required to file the report, and the
person is subject to prosecution under Chapter 37, Penal Code,
regardless of the absence of or a defect in the affidavit.
(f) [(i)] Each person required to file reports with the
commission that comply with Subsection (b) shall file with the
commission a written statement providing the manner of electronic
transfer that the person will use to file the report. A statement
under this subsection must be filed not later than the 30th day
before the filing deadline for the first report a person is required
to file under Subsection (b). A person who intends to change the
manner of filing described by the person's most recent statement
shall notify the commission of the change not later than the 30th
day before the filing deadline for the report to which the change
applies. If a person does not file a statement under this
subsection, the commission may accept as authentic a report filed
in any manner that complies with Subsection (b). If the commission
receives a report that is not filed in the manner described by the
person's most recent statement under this subsection, the
commission shall promptly notify the person in writing that the
commission has received a report filed in a different manner than
expected.
(g) [(j)] As part of the notification required by Section
251.033, the commission shall mail the appropriate forms to each
person required to file a report with the commission during that
reporting period.
(h) [(k)] The commission shall prescribe forms for purposes
of legislative caucus reports under Section 254.0311 that are
separate and distinct from forms for other reports under this
chapter.
(i) [(l)] This section applies to a report that is filed
electronically or otherwise.
SECTION __. Section 572.030, Government Code, is amended to
read as follows:
Sec. 572.030. Preparation and Mailing of Forms; Electronic
Filing. (a) The commission shall design forms that may be used for
filing the financial statement under this subchapter. The
commission shall also accept submission of the financial statement
required under this subchapter by electronic transfer.
(b) Except as provided by Subsection (d), the [The]
commission shall mail two copies of the financial statement form to
each individual required to file under this subchapter.
(c) Except as provided by Subsection (d), the [The] copies
must be mailed:
(1) before the 30th day before the deadline for filing
the financial statement under Section 572.026(a) or (c), except as
otherwise provided by this subsection;
(2) not later than the 15th day after the applicable
deadline for filing an application for a place on the ballot or a
declaration of write-in candidacy for candidates required to file
under Section 572.027(a), (b), or (c);
(3) not later than the seventh day after the date of
appointment for individuals required to file under Section
572.026(b), or if the legislature is in session, sooner if
possible; and
(4) not later than the fifth day after the date the
certificate of nomination is filed for candidates required to file
under Section 574.027(d).
(d) Individuals required to file a financial statement
under this subchapter, may file by computer diskette, modem, or
other means of electronic transfer, using computer software that
meets commission specifications for a standard file format. Each
report filed under this subsection must be under oath by the person
required to file the report and must contain, in compliance with
commission specifications, the digitized signature of the person
required to file the report. A report filed by electronic transfer
under this subsection is considered to be under oath by the person
required to file the report, and the person is subject to
prosecution under Chapter 37, Penal Code. Each person who files a
report under this subsection shall file with the commission a
written statement providing the manner of electronic transfer that
the person will use to file the report. The statement must be filed
not later than the 30th day before the filing deadline for the first
report a person opts to file under this subsection. A person who
intends to change the manner of filing described by the person's
most recent statement shall notify the commission of the change not
later than the 30th day before the filing deadline for the report to
which the change applies. If a person does not file a statement
under this subsection, the commission may accept as authentic a
report filed in any manner that complies with commission
specifications. If the commission receives a report that is not
filed in the manner described by the person's most recent statement
under this subsection, the commission shall promptly notify the
person in writing that the commission has received a report filed in
a different manner than expected.
SECTION __. Section 572.032, Government Code, is amended by
amending Subsection (b) to read as follows:
(b) The commission shall provide electronic access to the
statements on the commission's website [During the one-year period
following the filing of a financial statement, each time a person
requests to see the financial statement, excluding the commission
or a commission employee acting on official business, the
commission 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 commission shall retain that statement in the file for
one year after the date the requested financial statement is
filed].
SECTION __. Section 572.034, Government Code, is amended by
amending Subsection (c) to read as follows:
(c) In a prosecution for failure to file a financial
statement under this section, it is a defense that the individual
did not receive copies of the financial statement form required by
this subchapter to be mailed to the individual. This subsection is
inapplicable to a prosecution for failure to file a financial
statement under this section if the person required to file opts to
file by electronic transfer as provided in Section 572.030(d).
SECTION __. (a) 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, 2005. A report
required to be filed under Chapter 254, Election Code, before
September 1, 2005, 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.
(b) Sections 572.030 and 572.034, as amended by this Act,
apply only to a report required to be filed under Subchapter B,
Chapter 572, Election Code, on or after September 1, 2005. A report
required to be filed under Subchapter B, Chapter 572, Election
Code, before September 1, 2005, 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 ___. Section 305.027, Government Code, is amended by
adding new Subsection (f) to read as follows:
(f) This section does not apply to either house of the
legislature, a member of the legislature, the governor, or the
lieutenant governor.