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A BILL TO BE ENTITLED
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AN ACT
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relating to reports and complaints filed with the Texas Ethics |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.036(b), Election Code, is amended to |
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read as follows: |
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(b) Except as provided by Subsection (c), (e), or (f), each |
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report filed under this chapter with the commission must be filed: |
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(1) by computer diskette, modem, or other means of |
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electronic transfer, using computer software provided by the |
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commission or computer software that meets commission |
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specifications for a standard file format; or |
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(2) using a secure Internet website maintained by the |
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commission that meets the requirements of Section 571.0671, |
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Government Code. |
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SECTION 2. Section 302.013(d), Government Code, is amended |
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to read as follows: |
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(d) Each speaker candidate shall file the statement: |
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(1) by computer diskette, modem, or other means of |
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electronic transfer, using computer software provided by the Texas |
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Ethics Commission or computer software that meets commission |
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specifications for a standard file format; or |
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(2) using a secure Internet website maintained by the |
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Texas Ethics Commission that meets the requirements of Section |
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571.0671. |
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SECTION 3. Section 305.0064(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), each registration |
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filed under Section 305.005 and each report filed under Section |
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305.006 must be filed: |
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(1) by computer diskette, modem, or other means of |
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electronic transfer, using computer software provided by the |
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commission or computer software that meets commission |
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specifications for a standard file format; or |
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(2) using a secure Internet website maintained by the |
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commission that meets the requirements of Section 571.0671. |
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SECTION 4. The heading to Section 571.0671, Government |
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Code, is amended to read as follows: |
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Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE |
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OR INTERNET WEBSITE. |
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SECTION 5. Section 571.0671, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) Computer software provided or approved by the |
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commission or the secure Internet website for use under Section |
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254.036(b), Election Code, or Section 302.013 or 305.0064 must: |
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(1) use a standardized format for the entry of names, |
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addresses, and zip codes; |
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(2) provide for secure and encoded transmission of |
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data from the computer of a person filing a report to the computers |
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used by the commission; |
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(3) be capable of being used by a person with basic |
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computing skills; |
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(4) provide confirmation to a person filing a report |
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that the report was properly received; and |
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(5) permit a person using a computer to prepare a |
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report or to retrieve information from a report to import |
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information to the report from a variety of computer software |
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applications that meet commission specifications for a standard |
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file format or export information from the report to a variety of |
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computer software applications that meet commission specifications |
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for a standard file format without the need to reenter information. |
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(c) The commission may provide software for use under |
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Section 254.036(b), Election Code, or Section 302.013 or 305.0064 |
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by making the software available on the Internet. If the commission |
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makes the software available on the Internet, the commission is not |
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required to provide the software on computer diskettes, CD-ROMs, or |
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other storage media without charge to persons required to file |
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reports under that section, but may charge a fee for providing the |
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software on storage media. A fee under this subsection may not |
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exceed the cost to the commission of providing the software. |
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Provision of software on the Internet under this subsection does |
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not affect the duty of the commission to maintain a secure Internet |
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website through which a person may electronically file reports |
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without acquiring the software described by this section. |
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(d) The commission shall maintain a secure Internet website |
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through which a person may directly electronically file reports |
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with the commission under Section 254.036(b), Election Code, or |
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Section 302.013 or 305.0064 without acquiring the software |
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described by this section. The website shall, in addition to |
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meeting the requirements of Subsection (a), provide adequate |
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controls to ensure that only the person required to file the report, |
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or another person authorized by the person required to file the |
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report, may enter or alter information or submit the report to the |
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commission. |
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SECTION 6. Subchapter C, Chapter 571, Government Code, is |
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amended by adding Sections 571.080 and 571.081 to read as follows: |
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Sec. 571.080. ASSISTANCE FOR FILER. The commission must |
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provide a service that enables a person required to file a report |
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with the commission to speak to or communicate electronically in |
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real time with commission staff to assist the person in preparing |
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and filing the report. This service must be continuously available |
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beginning 24 hours before the time and date of a deadline for filing |
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a report with the commission and ending on the deadline for filing |
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the report. |
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Sec. 571.081. AVAILABILITY OF DIRECT TELEPHONE NUMBER OF |
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COMMISSION STAFF TO FILER. An employee of the commission shall on |
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request provide the employee's direct telephone number to a person |
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required to file a report with the commission. |
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SECTION 7. Section 571.123(b), Government Code, is amended |
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to read as follows: |
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(b) After a complaint is filed, the commission shall |
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immediately attempt to contact and notify the respondent of the |
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complaint by telephone or electronic mail. Not later than the |
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fifth business day after the date a complaint is filed, the |
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commission shall send written notice to the complainant and the |
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respondent. The written notice to the complainant and the |
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respondent must: |
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(1) state whether the complaint complies with the form |
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requirements of Section 571.122; |
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(2) state the procedure by which the respondent may |
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designate an agent with whom commission staff may discuss the |
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complaint; |
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(3) state that the respondent may request the direct |
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telephone number of the commission staff member who will perform |
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the processing of the complaint against the respondent; and |
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(4) [(2)] if applicable, include the information |
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required by Section 571.124(e). |
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SECTION 8. Subchapter E, Chapter 571, Government Code, is |
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amended by adding Sections 571.1231 and 571.1232 to read as |
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follows: |
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Sec. 571.1231. DESIGNATION OF AGENT BY RESPONDENT. (a) A |
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respondent to a complaint filed against the respondent may by |
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writing submitted to the commission designate an agent with whom |
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the commission staff may communicate regarding the complaint. |
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(b) For purposes of this subchapter, including Section |
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571.140, communications with the respondent's agent designated |
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under this section are considered communications with the |
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respondent. |
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Sec. 571.1232. PROVISION OF TELEPHONE NUMBER TO RESPONDENT. |
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On request, the commission shall provide to a respondent the direct |
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telephone number of the commission staff member who will perform |
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the processing of the complaint against the respondent. |
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SECTION 9. As soon as practicable after the effective date |
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of this Act, the Texas Ethics Commission shall establish the secure |
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Internet website on which a report may be filed as provided by the |
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changes in law made by this Act. |
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SECTION 10. This Act takes effect September 1, 2011. |