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A BILL TO BE ENTITLED
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AN ACT
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relating to the late filing of a special report of political |
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contributions and expenditures; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.042, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) The commission shall determine from any available |
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evidence whether a report, other than a special [telegram] report |
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under Section 254.038 or 254.039, required to be filed with the |
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commission under this chapter is late. On making that |
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determination, the commission shall immediately mail a notice of |
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the determination to the person required to file the report. |
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(a-1) The commission is not required to make a determination |
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under Subsection (a) as to whether a special report under Section |
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254.038 or 254.039 is late. A person required to file a special |
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report under Section 254.038 or 254.039 is liable for a late report |
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absent notice from the commission under Subsection (a). |
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(b) If a report other than a report under Section 254.038, |
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254.039, 254.064(c), 254.124(c), or 254.154(c) or the first report |
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under Section 254.063 or 254.123 that is required to be filed |
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following the primary or general election is [determined to be] |
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late, the person required to file the report is liable to the state |
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for a civil penalty of $500. If a report under Section 254.038, |
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254.039, 254.064(c), 254.124(c), or 254.154(c) or the first report |
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under Section 254.063 or 254.153 that is required to be filed |
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following the primary or general election is [determined to be] |
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late, the person required to file the report is liable to the state |
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for a civil penalty of $500 for the first day the report is late and |
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$100 for each day thereafter that the report is late. If a report is |
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more than 30 days late, the commission shall issue a warning of |
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liability by registered mail to the person required to file the |
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report. If the penalty is not paid before the 10th day after the |
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date on which the warning is received, the person is liable for a |
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civil penalty in an amount determined by commission rule, but not to |
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exceed $10,000. |
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SECTION 2. Section 254.042, Election Code, as amended by |
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this Act, applies only to a report under Chapter 254, Election Code, |
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that is required to be filed on or after the effective date of this |
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Act. A report under Chapter 254, Election Code, that is required to |
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be filed before the effective date of this Act is governed by the |
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law in effect on the date the report is required to be filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |