By: Williams S.B. No. 1779

A BILL TO BE ENTITLED

AN ACT

relating to reports and complaints filed with and notices provided by the Texas Ethics Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 254.036(b), Election Code, is amended to read as follows:

(b) Except as provided by Subsection (c), (e), or (f), each report filed under this chapter with the commission must be filed:

(1) by computer diskette, modem, or other means of electronic transfer, using computer software provided by the commission or computer software that meets commission specifications for a standard file format; or

(2) using a secure Internet website maintained by the commission that meets the requirements of Section 571.0671, Government Code.

SECTION 2. Section 254.042(b), Election Code, is amended to read as follows:

(b) If a report other than a report under Section 254.064(c), 254.124(c), or 254.154(c) or the first report under Section 254.063, [or] 254.123, or 254.153 that is required to be filed following the primary or general election is determined to be late, the person required to file the report is liable to the state for a civil penalty of $500. If a report under Section 254.064(c), 254.124(c), or 254.154(c) or the first report under Section 254.063, 254.123, or 254.153 that is required to be filed following the primary or general election is determined to be late, the person required to file the report is liable to the state for a civil penalty of $500 for the first day the report is late and $100 for each day thereafter that the report is late. If a report is more than 30 days late, the commission shall issue a warning of liability by certified [registered] mail to the person required to file the report. If the penalty is not paid before the 10th day after the date on which the warning is received, the person is liable for a civil penalty in an amount determined by commission rule, but not to exceed $10,000.

SECTION 3. Section 302.013(d), Government Code, is amended to read as follows:

(d) Each speaker candidate shall file the statement:

(1) by computer diskette, modem, or other means of electronic transfer, using computer software provided by the Texas Ethics Commission or computer software that meets commission specifications for a standard file format; or

(2) using a secure Internet website maintained by the Texas Ethics Commission that meets the requirements of Section 571.0671.

SECTION 4. Section 305.0064(a), Government Code, is amended to read as follows:

(a) Except as provided by Subsection (b), each registration filed under Section 305.005 and each report filed under Section 305.006 must be filed:

(1) by computer diskette, modem, or other means of electronic transfer, using computer software provided by the commission or computer software that meets commission specifications for a standard file format; or

(2) using a secure Internet website maintained by the commission that meets the requirements of Section 571.0671.

SECTION 5. Section 571.032, Government Code, is amended to read as follows:

Sec. 571.032. MAILING OF NOTICES, DECISIONS, AND REPORTS. (a) The [Except as provided by Subsection (b), each written notice, decision, and report required to be sent under this chapter shall be sent by registered or certified mail, restricted delivery, return receipt requested.

[(b) After] written notice under Section 571.123(b) regarding the filing of a sworn complaint shall be [has been] sent to a respondent by registered or certified mail, restricted delivery, return receipt requested. The [person in the manner required by Subsection (a), the] commission may send the respondent [person] any additional notices, decisions, or reports regarding the complaint by regular mail [unless the person has notified the commission to send all notices regarding the complaint by registered or certified mail, restricted delivery, return receipt requested].

(b) Any written notice, decision, or report required to be sent under this chapter to a complainant may be sent by regular mail or e-mail.

(c) Any notice regarding the status of a complaint required to be sent under Section 571.1351(c) may be sent by e-mail.

SECTION 6. The heading to Section 571.0671, Government Code, is amended to read as follows:

Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE OR INTERNET WEBSITE.

SECTION 7. Section 571.0671, Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a) Computer software provided or approved by the commission or the secure Internet website for use under Section 254.036(b), Election Code, or Section 302.013 or 305.0064 must:

(1) use a standardized format for the entry of names, addresses, and zip codes;

(2) provide for secure and encoded transmission of data from the computer of a person filing a report to the computers used by the commission;

(3) be capable of being used by a person with basic computing skills;

(4) provide confirmation to a person filing a report that the report was properly received; and

(5) permit a person using a computer to prepare a report or to retrieve information from a report to import information to the report from a variety of computer software applications that meet commission specifications for a standard file format or export information from the report to a variety of computer software applications that meet commission specifications for a standard file format without the need to reenter information.

(c) The commission may provide software for use under Section 254.036(b), Election Code, or Section 302.013 or 305.0064 by making the software available on the Internet. If the commission makes the software available on the Internet, the commission is not required to provide the software on computer diskettes, CD-ROMs, or other storage media without charge to persons required to file reports under that section, but may charge a fee for providing the software on storage media. A fee under this subsection may not exceed the cost to the commission of providing the software. Provision of software on the Internet under this subsection does not affect the duty of the commission to maintain a secure Internet website through which a person may electronically file reports without acquiring the software described by this section.

(d) The commission shall maintain a secure Internet website through which a person may directly electronically file reports with the commission under Section 254.036(b), Election Code, or Section 302.013 or 305.0064 without acquiring the software described by this section. The website shall, in addition to meeting the requirements of Subsection (a), provide adequate controls to ensure that only the person required to file the report, or another person authorized by the person required to file the report, may enter or alter information or submit the report to the commission.

SECTION 8. Sections 571.1242(a) and (b), Government Code, are amended to read as follows:

(a) If the alleged violation is a Category One violation:

(1) the respondent must respond to the notice required by Section 571.123(b) not later than the 10th [business] day after the date the respondent receives the notice; and

(2) if the matter is not resolved by agreement between the commission and the respondent before the 30th [business] day after the date the respondent receives the notice under Section 571.123(b), the commission shall set the matter for a preliminary review hearing to be held at the next commission meeting for which notice has not yet been posted.

(b) If the alleged violation is a Category Two violation:

(1) the respondent must respond to the notice required by Section 571.123(b) not later than the 25th [business] day after the date the respondent receives the notice under Section 571.123(b); and

(2) if the matter is not resolved by agreement between the commission and the respondent before the 75th [business] day after the date the respondent receives the notice under Section 571.123(b), the commission shall set the matter for a preliminary review hearing to be held at the next commission meeting for which notice has not yet been posted.

SECTION 9. Section 571.140, Government Code, is amended by amending Subsection (a) and adding Subsection (b-2) to read as follows:

(a) Except as provided by Subsection (b), [or] (b-1), or (b-2) or by Section 571.171, proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, except that a document or statement that was previously public information remains public information.

(b-2) The name and the county of residence of an individual who files with the commission a sworn complaint is not confidential if:

(1) the sworn complaint is the basis of a preliminary review or hearing; and

(2) after the completion of the preliminary review or hearing, the commission issues an order determining that a violation other than a technical or de minimis violation has occurred.

SECTION 10. Section 571.141, Government Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) For each order that the commission is required to make a copy or summary of available on the Internet under Subsection (a), the commission shall make available on the Internet the name and the county of residence of any individual who filed with the commission the sworn complaint that was the basis for the review or hearing.

SECTION 11. The changes in law made by this Act to Sections 571.1242, 571.140, and 571.141, Government Code, apply only to a sworn complaint filed with the Texas Ethics Commission under Section 571.122, Government Code, on or after the effective date of this Act. A sworn complaint that is filed before that date is governed by the law in effect on the date the complaint is filed, and the former law is continued in effect for that purpose.

SECTION 12. As soon as practicable after the effective date of this Act, the Texas Ethics Commission shall establish the secure Internet website on which a report may be filed as provided by the changes in law made by this Act.

SECTION 13. This Act takes effect September 1, 2011.