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A BILL TO BE ENTITLED
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AN ACT
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relating to the time of day by which a report must be filed |
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electronically with the Texas Ethics Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.037, Election Code, is amended to |
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read as follows: |
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Sec. 254.037. FILING DEADLINE. (a) Except as provided by |
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Subsection (b), the [The] deadline for filing a report required by |
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this chapter is 5 p.m. on the last day permitted under this chapter |
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for filing the report. |
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(b) The deadline for filing a report electronically with the |
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commission as required by this chapter is midnight on the last day |
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for filing the report. |
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SECTION 2. Section 254.038(c), Election Code, is amended to |
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read as follows: |
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(c) A report under this section shall be filed |
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electronically, by telegram or telephonic facsimile machine, or by |
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hand, in the form required by Section 254.036. The commission must |
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receive a [the] report under this section filed by telegram, |
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telephonic facsimile machine, or hand not later than 5 p.m. of the |
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first business day after the date the contribution is accepted. The |
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commission must receive a report under this section filed |
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electronically not later than midnight of the first business day |
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after the date the contribution is accepted. A report under this |
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section is not required to be accompanied by the affidavit required |
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under Section 254.036(h) or to be submitted on a form prescribed by |
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the commission. A report under this section that complies with |
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Section 254.036(a) must be accompanied by an affidavit under |
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Section 254.036(c)(1) unless the candidate or committee has |
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submitted an affidavit under Section 254.036(c)(1) with another |
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report filed in connection with the election for which a report is |
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required under this section. |
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SECTION 3. Section 302.015(b), Government Code, is amended |
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to read as follows: |
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(b) A statement required to be filed on the day before a |
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regular or called session convenes must actually be delivered and |
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in the possession of the Texas Ethics Commission not later than |
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midnight [5 p.m.] of that day. |
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SECTION 4. Section 305.010, Government Code, is amended to |
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read as follows: |
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Sec. 305.010. TIMELINESS OF FILING REGISTRATIONS AND |
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REPORTS. (a) A registration or report filed by first-class United |
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States mail or by common or contract carrier is timely if: |
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(1) it is properly addressed with postage or handling |
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charges prepaid; and |
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(2) it bears a post office cancellation mark or a |
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receipt mark from a common or contract carrier indicating a time |
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within the applicable filing period or before the applicable filing |
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deadline or if the person required to file furnishes satisfactory |
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proof that it was deposited in the mail or with a common or contract |
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carrier within that period or before that deadline. |
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(b) A registration or report filed by means of electronic |
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transfer is timely if it is received by the commission not later |
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than midnight on the last day permitted under this chapter for |
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filing the report or registration. |
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SECTION 5. Subchapter C, Chapter 571, Government Code, is |
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amended by adding Section 571.0645 to read as follows: |
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Sec. 571.0645. FILING DEADLINE FOR ELECTRONIC REPORTS. The |
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commission shall by rule establish that the deadline for any report |
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filed electronically with the commission is midnight on the last |
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day for filing the report under the law requiring the filing of the |
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report. |
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SECTION 6. This Act takes effect September 1, 2007. |