81R13031 ESH-D
 
  By: Thompson H.B. No. 3178
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to ethics of holders of and candidates for public office,
  public employees, and lobbyists; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 253.035, Election Code, is amended by
  adding Subsection (j) to read as follows:
         (j)  "Personal use" includes the use of contributions to pay
  a civil penalty imposed by the commission.
         SECTION 2.  Section 253.041(a), Election Code, is amended to
  read as follows:
         (a)  A candidate or officeholder or a specific-purpose
  committee for supporting, opposing, or assisting the candidate or
  officeholder may not knowingly make or authorize a payment from a
  political contribution if the payment is made for personal services
  rendered by the candidate, [or] officeholder, or a person related
  to [by the spouse or dependent child of] the candidate or
  officeholder within the third degree by consanguinity or the second
  degree by affinity, as determined under Subchapter B, Chapter 573,
  Government Code, to:
               (1)  the candidate, officeholder, or a person related
  to the candidate or officeholder within the third degree by
  consanguinity or the second degree by affinity, as determined under
  Subchapter B, Chapter 573, Government Code; or
               (2)  a business in which a person described by
  Subdivision (1) [the candidate or officeholder] has a participating
  interest of more than 10 percent, holds a position on the governing
  body of the business, or serves as an officer of the business[; or
               [(2)     the candidate or officeholder or the spouse or
  dependent child of the candidate or officeholder].
         SECTION 3.  Section 571.066, Government Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  Not later than December 1, 2009, the commission shall
  contract with the Department of Information Resources or a private
  entity experienced in Internet website design for a review of the
  ease of using and obtaining information from the commission's
  website. Not later than June 1, 2010, the entity with which the
  commission contracts under this subsection shall deliver a written
  report of the results of the entity's review to the commission, the
  lieutenant governor, the speaker of the house of representatives,
  and the chairs of the standing committees of the senate and house
  having jurisdiction over the commission. The report must include
  recommendations for increasing the ease of using and obtaining
  information from the commission's website. Following receipt of the
  report, the commission shall redesign the commission's website to:
               (1)  permit expanded searches across multiple
  databases maintained by the commission;
               (2)  increase the ease with which information from
  databases maintained by the commission may be downloaded by persons
  using the commission's website; and
               (3)  incorporate any other recommendations from the
  review under this subsection that the commission determines
  appropriate.
         (d)  Subsection (c) and this subsection expire September 1,
  2011.
         SECTION 4.  The heading to Section 571.069, Government Code,
  is amended to read as follows:
         Sec. 571.069.  REVIEW OF STATEMENTS AND REPORTS[; AUDITS].
         SECTION 5.  Sections 571.069(b) and (c), Government Code,
  are amended to read as follows:
         (b)  The commission may by a vote of at least six commission
  members initiate a preliminary review as provided by Section
  571.124 in connection with [or perform a complete audit of] a
  statement or report:
               (1)  if, before the 31st day after the date the
  statement or report was originally due, the executive director does
  not obtain from the person information that permits the executive
  director to determine that the statement or report complies with
  law;
               (2)  if a statement or report returned for resubmission
  is not resubmitted within the time prescribed by Subsection (a); or
               (3)  on an affirmative vote of at least six commission
  members that a statement or report resubmitted under Subsection
  (a), together with any corrections or additional documentation,
  does not, in the opinion of the commission, comply with the law
  requiring the statement or report.
         (c)  Any [audited] statement, report, document, or other
  material obtained in conducting a preliminary review is
  confidential and may not be disclosed unless the statement, report,
  document, or other material:
               (1)  was previously public information; or
               (2)  is entered into the record of a formal hearing or a
  judicial proceeding.
         SECTION 6.  Subchapter C, Chapter 571, Government Code, is
  amended by adding Section 571.0691 to read as follows:
         Sec. 571.0691.  AUDITS.  (a)  The commission by rule shall
  adopt a schedule for regular auditing of statements, reports, or
  other documents filed with the commission. The rules shall provide
  for more frequent auditing of the categories of statements,
  reports, or other documents that the commission determines are most
  likely to contain inaccuracies or errors.
         (b)  Any audited statement, report, document, or other
  material is confidential and may not be disclosed unless the
  statement, report, document, or other material:
               (1)  was previously public information; or
               (2)  is entered into the record of a formal hearing or a
  judicial proceeding.
         (c)  The party who is the subject of the audit may waive
  confidentiality by sending written notice to the commission.
         SECTION 7.  Subchapter C, Chapter 571, Government Code, is
  amended by amending Section 571.071 and adding Sections 571.0711
  through 571.0714 to read as follows:
         Sec. 571.071.  REQUIRED ETHICS TRAINING[; GUIDELINES]. (a)  
  The following persons must complete the ethics training required by
  this section:
               (1)  a member or member-elect of the legislature; and
               (2)  the director, executive director, commissioner,
  administrator, or other individual appointed to act as the chief
  executive or administrative officer of a board, commission, or
  other agency in the legislative or executive branch of state
  government.
         (b)  The commission shall[:
               [(1)]  provide training [by January of each
  odd-numbered year] for persons required to complete ethics training
  under this section [members and members-elect of the legislature]
  concerning compliance with the laws administered and enforced by
  the commission.
         (c)  A person required to complete ethics training under this
  section must complete three hours of training every two years. A
  person must complete the initial training not later than the 90th
  day after the date the person is first elected or appointed to or
  employed in a position for which ethics training is required. A
  person must complete subsequent training not later than the second
  anniversary of the date the person completed the most recent ethics
  training under this section.
         (d)  Each board, commission, or other agency described by
  Subsection (a) shall report to the commission, in accordance with
  rules adopted by the commission, the appointment or employment of a
  person required to complete ethics training under Subsection
  (a)(2).
         Sec. 571.0711.  FAILURE TO COMPLETE REQUIRED ETHICS
  TRAINING.  (a)  A person who does not complete the ethics training
  required by Section 571.071 is not eligible to receive a salary or
  wage payment until the person completes the required training.
         (b)  Not later than the 30th day after the date a person is
  required to complete the ethics training under Section 571.071, the
  commission shall certify the person's name to the comptroller if
  the person did not complete the ethics training. Following receipt
  of certification under this subsection, the comptroller may not
  issue a warrant or make an electronic transfer representing a
  salary or wage payment to the person until the commission certifies
  that the person has completed the training.
         (c)  Not later than the 60th day before the date by which a
  person is required to complete the ethics training under Section
  571.071, the commission shall send a written notice to the person
  that states:
               (1)  that the person is required by law to complete the
  required amount of ethics training;
               (2)  the date of upcoming ethics training seminars;
               (3)  that the person will not be eligible to receive a
  salary or wage payment if the person does not complete the required
  training; and
               (4)  the date by which the person must complete the
  ethics training.
         Sec. 571.0712.  ETHICS TRAINING FOR STATE EMPLOYEES.  The
  commission shall[; and
               [(2)]  provide, in cooperation with state agencies, a
  program of ethics training for state employees.
         Sec. 571.0713.  COMPLIANCE GUIDELINES. [(b)] The commission
  may disseminate, through pamphlets and seminars, explanations and
  compliance guidelines concerning any law administered and enforced
  by the commission.
         Sec. 571.0714.  SEMINARS FOR LOBBYISTS.  (a) [(c)] The
  commission may provide a seminar for persons required to register
  under Chapter 305 that addresses issues involving lobbying,
  political contributions and expenditures, and other issues as
  determined by the commission.
         (b)  The commission may charge a fee for attending the
  seminar in an amount necessary to cover the costs associated with
  the seminar.
         SECTION 8.  Section 571.173, Government Code, is amended to
  read as follows:
         Sec. 571.173.  CIVIL PENALTY FOR DELAY OR VIOLATION. (a)
  The commission may impose a civil penalty of not more than $5,000 or
  triple the amount at issue under a law administered and enforced by
  the commission, whichever amount is more, for a delay in complying
  with a commission order or for a violation of a law administered and
  enforced by the commission.
         (b)  The commission shall:
               (1)  impose a civil penalty in an amount greater than
  the usual amount of a civil penalty imposed by the commission if the
  person subject to the penalty:
                     (A)  has received training under Section 571.071,
  571.0712, or 571.0714 relevant to the law the person violated; or
                     (B)  has previously been warned by the commission
  for engaging in similar conduct; and
               (2)  impose civil penalties in progressively greater
  amounts against a person who has repeatedly violated a law
  administered by the commission.
         SECTION 9.  Sections 571.069(d), (e), and (f), Government
  Code, are repealed.
         SECTION 10.  Section 253.035(j), Election Code, as added by
  this Act, applies to payment of a civil penalty imposed by the Texas
  Ethics Commission regardless of whether the penalty is imposed
  before, on, or after September 1, 2009.
         SECTION 11.  A person who on January 1, 2010, holds an office
  or employment for which the person is required to complete ethics
  training under Section 571.071, Government Code, as amended by this
  Act, must complete the ethics training required by that section not
  later than April 1, 2010.  A person who after January 1, 2010, is
  elected or appointed to an office or employed in a position for
  which the person is required to complete ethics training under
  Section 571.071, Government Code, as amended by this Act, must
  complete the ethics training required by that section in compliance
  with that section.
         SECTION 12.  This Act takes effect September 1, 2009.