By: Huberty (Senate Sponsor - Patrick) H.B. No. 1035
         (In the Senate - Received from the House April 18, 2013;
  April 24, 2013, read first time and referred to Committee on State
  Affairs; May 16, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 16, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1035 By:  Fraser
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the filing of reports of political contributions and
  expenditures and of personal financial statements by certain
  officeholders and candidates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 254.036, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  In prescribing the format of a report filed under this
  chapter with an authority other than the commission, the commission
  shall ensure that:
               (1)  a report may be filed:
                     (A)  by first class United States mail or common
  or contract carrier;
                     (B)  by personal delivery; or
                     (C)  by electronic filing, if the authority with
  whom the report is required to be filed has adopted rules and
  procedures to provide for the electronic filing of the report and
  the report is filed in accordance with those rules and procedures;
  and
               (2)  an authority with whom a report is electronically
  filed issues an electronic receipt for the report to the person
  filing the report.
         SECTION 2.  Section 145.004, Local Government Code, is
  amended by amending Subsection (d) and adding Subsection (g) to
  read as follows:
         (d)  Except as provided in Subsection (g), the [The]
  timeliness of the filing is governed by Section 572.029, Government
  Code.
         (g)  A person is considered to have timely filed a financial
  statement under this chapter if:
               (1)  the statement is personally delivered not later
  than 5 p.m. of the last day for filing the statement; or
               (2)  the clerk or secretary of the municipality with
  whom the statement is required to be filed has adopted rules and
  procedures to provide for the electronic filing of the statement
  and the statement is electronically filed in accordance with those
  rules and procedures not later than midnight of the last day for
  filing the statement.
         SECTION 3.  Section 159.004, Local Government Code, is
  amended by amending Subsection (b) and adding Subsections (e) and
  (f) to read as follows:
         (b)  Except as provided in Subsection (e), the [The]
  timeliness of the filing is governed by Section 572.029, Government
  Code.
         (e)  A person is considered to have timely filed a financial
  statement under this subchapter if:
               (1)  the statement is personally delivered not later
  than 5 p.m. of the last day for filing the statement; or
               (2)  the county clerk with whom the statement is
  required to be filed has adopted rules and procedures to provide for
  the electronic filing of the statement and the statement is
  electronically filed in accordance with those rules and procedures
  not later than midnight of the last day for filing the statement.
         (f)  A county clerk may adopt rules and procedures under this
  section relating only to the manner in which a person must
  electronically file a financial statement and the required format
  of an electronically filed statement.
         SECTION 4.  Subchapter B, Chapter 159, Local Government
  Code, is amended by adding Section 159.0341 to read as follows:
         Sec. 159.0341.  TIMELINESS OF FILING. (a)  A person is
  considered to have timely filed a report under this subchapter if:
               (1)  the report is filed in accordance with Section
  572.029, Government Code;
               (2)  the report is personally delivered not later than
  5 p.m. of the last day for filing the report; or
               (3)  the officer with whom the report is required to be
  filed has adopted rules and procedures to provide for the
  electronic filing of the report and the report is electronically
  filed in accordance with those rules and procedures not later than
  midnight of the last day for filing the report.
         (b)  An officer with whom a report is required to be filed
  under this subchapter may adopt rules and procedures under this
  section relating only to the manner in which a person must
  electronically file a report and the required format of an
  electronically filed report.
         SECTION 5.  Section 159.053, Local Government Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  Except as provided in Subsection (c), the [The]
  timeliness of the filing is governed by Section 572.029, Government
  Code.
         (c)  A person is considered to have timely filed a financial
  statement under this subchapter if:
               (1)  the statement is personally delivered not later
  than 5 p.m. of the last day for filing the statement; or
               (2)  the county clerk with whom the statement is
  required to be filed has adopted rules and procedures to provide for
  the electronic filing of the statement and the statement is
  electronically filed in accordance with those rules and procedures
  not later than midnight of the last day for filing the statement.
         SECTION 6.  (a) Section 254.036, Election Code, as amended
  by this Act, applies only to a report required to be filed under
  Chapter 254, Election Code, that is due on or after January 1, 2014.
  A report required to be filed under Chapter 254, Election Code, that
  is due before January 1, 2014, is governed by the law in effect on
  the date the report is due, and the former law is continued in
  effect for that purpose.
         (b)  Section 145.004, Local Government Code, as amended by
  this Act, applies only to a financial statement required to be filed
  under Chapter 145, Local Government Code, that is due on or after
  January 1, 2014. A financial statement required to be filed under
  Chapter 145, Local Government Code, that is due before January 1,
  2014, is governed by the law in effect on the date the financial
  statement is due, and the former law is continued in effect for that
  purpose.
         (c)  The changes in law made by this Act to Chapter 159, Local
  Government Code, apply only to a financial statement or report
  required to be filed under that chapter that is due on or after
  January 1, 2014. A financial statement or report required to be
  filed under Chapter 159, Local Government Code, that is due before
  January 1, 2014, is governed by the law in effect on the date the
  financial statement or report is due, and the former law is
  continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2013.
 
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