By: Harris S.B. No. 1161
(In the Senate - Filed March 8, 2005; March 21, 2005, read
first time and referred to Committee on Administration;
April 22, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 22, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1161 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to corrected reports, registrations, and statements filed
with the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 305.033, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A registration or report filed by a registrant is not
considered to be late for purposes of this section if the registrant
files a corrected or amended registration or report not later than
the 41st day after the date the registrant becomes aware of the
error or omission in the registration or report originally filed.
SECTION 2. Section 571.0771, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) For purposes of Subsection (a)(1), a report does not
substantially comply with the applicable law if it contains an
error other than one of the following errors:
(1) an obvious typographical error;
(2) the omission of information required for the
commission's administrative purposes;
(3) one or more instances of an incorrectly reported
contribution or an unreported contribution, if the total of
incorrectly reported or unreported contributions does not exceed
the lesser of:
(A) 10 percent of the total contributions
reported on the corrected report; or
(B) $10,000;
(4) one or more instances of an incorrectly reported
contribution or an unreported contribution, if the total of
incorrectly reported or unreported contributions does not exceed
$2,000;
(5) one or more instances of an incorrectly reported
expenditure or an unreported expenditure, if the total of
incorrectly reported or unreported expenditures does not exceed the
lesser of:
(A) 10 percent of the total expenditures reported
on the corrected report; or
(B) $10,000;
(6) one or more instances of an incorrectly reported
expenditure or an unreported expenditure, if the total of
incorrectly reported or unreported expenditures does not exceed
$2,000;
(7) an error in the amount reported under Section
254.031(a)(8), Election Code, if the correct amount:
(A) does not vary by more than 10 percent from the
amount originally reported; and
(B) does not exceed $10,000;
(8) an error in the amount reported under Section
254.031(a)(8), Election Code, if the error in the amount originally
reported does not exceed $2,000; or
(9) a reporting error that the commission determines
is, in context, minor.
SECTION 3. Subsection (f), Section 305.033, Government
Code, as added by this Act, applies only to a registration or report
required to be filed under Chapter 305, Government Code, that is due
on or after September 1, 2005. A registration or report required to
be filed under Chapter 305, Government Code, that is due before
September 1, 2005, is governed by the law in effect on the date the
registration or report is due, and the former law is continued in
effect for that purpose.
SECTION 4. Subsection (b-1), Section 571.0771, Government
Code, as added by this Act, applies only to a report, registration,
or statement required to be filed with the Texas Ethics Commission
that is due on or after September 1, 2005. A report, registration,
or statement required to be filed with the Texas Ethics Commission
that is due before September 1, 2005, is governed by the law in
effect on the date the report, registration, or statement is due,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.
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