BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2195

80R11826 ATP-D                                                                                               By: McCall (Harris)

                                                                                                                                       State Affairs

                                                                                                                                              5/9/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires reports filed with the Texas Ethics Commission (commission) to be filed by 5:00 p.m. on the last day permitted for filing the report.  Commission staff are unlikely to read these reports by morning because the close of business for the commission is at 5:00 p.m.  Because of this lag time, it would aid those entities that are required to submit such reports if the deadline time was extended.

 

H.B. 2195 changes the deadline for submitting electronic reports from 5:00 p.m. to midnight on the last day permitted for filing the report.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Ethics Commission in SECTION 5 (Section 571.0645, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 254.037, Election Code, as follows:

 

Sec. 254.037.  FILING DEADLINE.  (a)  Makes a conforming change.

 

(b)  Provides that the deadline for filing a report electronically with the Texas Ethics Commission (commission) as required by this chapter (Political Reporting) is midnight on the last day for filing the report.

 

SECTION 2.  Amends Section 254.038(c), Election Code, to require the commission to receive a report under this section filed by telegram, telephonic facsimile machine, or hand not later than 5 p.m. of the first business day after the date the contribution is accepted.  Requires the commission to receive a report under this section filed electronically not later than midnight of the first business day after the date the contribution is accepted. 

 

SECTION 3.  Amends Section 302.015(b), Government Code, to make a conforming change.

 

SECTION 4.  Amends Section 305.010, Government Code, as follows:

 

Sec. 305.010.  TIMELINESS OF FILING REGISTRATIONS AND REPORTS.  (a)  Creates this subsection from existing text.

 

(b)  Provides that a registration or report filed by means of electronic transfer is timely if it is received by the commission not later than midnight on the last day permitted under this chapter (Registration of Lobbyists) for filing the report or registration.

 

SECTION 5.  Amends Subchapter C, Chapter 571, Government Code, by adding Section 571.0645, as follows:

 

Sec. 571.0645.  FILING DEADLINE FOR ELECTRONIC REPORTS.  Requires the commission by rule to establish that the deadline for any report filed electronically with the commission is midnight on the last day for filing the report under the law requiring the filing of the report. 

 

SECTION 6.  Effective date: September 1, 2007.