|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to ethics of public servants, including the functions and |
|
duties of the Texas Ethics Commission; the regulation of political |
|
contributions, political advertising, lobbying, and conduct of |
|
public servants; and the reporting of political contributions and |
|
expenditures and personal financial information; providing civil |
|
and criminal penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. GENERAL PROCEDURES OF TEXAS ETHICS COMMISSION |
|
SECTION 1.01. Subchapter B, Chapter 571, Government Code, |
|
is amended by adding Section 571.033 to read as follows: |
|
Sec. 571.033. NOTIFICATION PROCEDURES. The commission |
|
shall adopt rules prescribing how the commission will notify any |
|
person or provide any notice required by this subtitle, Chapter |
|
305, or Title 15, Election Code. |
|
SECTION 1.02. Section 571.0671, Government Code, is amended |
|
by adding Subsection (d) to read as follows: |
|
(d) Electronic report data saved in a commission temporary |
|
storage location for later retrieval and editing before the report |
|
is filed is confidential and may not be disclosed. After the report |
|
is filed, the information disclosed in the report is subject to the |
|
law requiring the filing of the report. |
|
ARTICLE 2. INQUIRY PROCEDURES AND HEARINGS AND ENFORCEMENT |
|
ACTIVITIES OF TEXAS ETHICS COMMISSION |
|
SECTION 2.01. Subdivision (2), Section 571.002, Government |
|
Code, is amended to read as follows: |
|
(2) "Complainant" means an individual who files an |
|
inquiry [a sworn complaint] with the commission. |
|
SECTION 2.02. Subsection (a), Section 571.027, Government |
|
Code, is amended to read as follows: |
|
(a) A member of the commission may not participate in a |
|
commission proceeding relating to any of the following actions if |
|
the member is the subject of the action: |
|
(1) a formal investigation by the commission; |
|
(2) an inquiry [a sworn complaint] filed with the |
|
commission; or |
|
(3) a motion adopted by vote of at least six members of |
|
the commission. |
|
SECTION 2.03. Subsection (f), Section 571.069, Government |
|
Code, is amended to read as follows: |
|
(f) This section may not be construed as limiting or |
|
affecting the commission's authority to, on the filing of a motion |
|
or receipt of an inquiry [a sworn complaint], review or investigate |
|
the sufficiency of a statement or report. |
|
SECTION 2.04. Section 571.073, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.073. REPORT. On or before December 31 of each |
|
even-numbered year, the commission shall report to the governor and |
|
legislature. The report must include: |
|
(1) each advisory opinion issued by the commission |
|
under Subchapter D in the preceding two years; |
|
(2) a summary of commission activities in the |
|
preceding two years, including: |
|
(A) the number of inquiries [sworn complaints] |
|
filed with the commission; |
|
(B) the number of inquiries [sworn complaints] |
|
dismissed for noncompliance with statutory form requirements; |
|
(C) the number of inquiries [sworn complaints] |
|
dismissed for lack of jurisdiction; |
|
(D) the number of inquiries [sworn complaints] |
|
dismissed after a finding of no credible evidence of a violation; |
|
(E) the number of inquiries [sworn complaints] |
|
dismissed after a finding of a lack of sufficient evidence to |
|
determine whether a violation within the jurisdiction of the |
|
commission has occurred; |
|
(F) the number of inquiries [sworn complaints] |
|
resolved by the commission through an agreed decision [order]; |
|
(G) the number of inquiries [sworn complaints] in |
|
which the commission issued a decision [an order] finding a |
|
violation and the resulting penalties, if any; and |
|
(H) the number and amount of civil penalties |
|
imposed for failure to timely file a statement or report, the number |
|
and amount of those civil penalties fully paid, the number and |
|
amount of those civil penalties partially paid, and the number and |
|
amount of those civil penalties no part of which has been paid, for |
|
each of the following category of statements and reports, listed |
|
separately: |
|
(i) financial statements required to be |
|
filed under Chapter 572; |
|
(ii) political contribution and |
|
expenditure reports required to be filed under Section 254.063, |
|
254.093, 254.123, 254.153, or 254.157, Election Code; |
|
(iii) political contribution and |
|
expenditure reports required to be filed under Section 254.064(b), |
|
254.124(b), or 254.154(b), Election Code; |
|
(iv) political contribution and |
|
expenditure reports required to be filed under Section 254.064(c), |
|
254.124(c), or 254.154(c), Election Code; |
|
(v) political contribution and expenditure |
|
reports required to be filed under Section 254.038 or 254.039, |
|
Election Code; and |
|
(vi) political contribution and |
|
expenditure reports required to be filed under Section 254.0391, |
|
Election Code; and |
|
(3) recommendations for any necessary statutory |
|
changes. |
|
SECTION 2.05. Section 571.076, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.076. CONTRACT FOR ADMINISTRATION. The commission |
|
may contract with persons to administer and carry out this chapter |
|
and rules, standards, [and] orders, and decisions adopted under |
|
this chapter, excluding any enforcement authority. |
|
SECTION 2.06. The heading to Subchapter E, Chapter 571, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER E. INQUIRY [COMPLAINT] PROCEDURES AND HEARINGS |
|
SECTION 2.07. Section 571.121, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.121. GENERAL POWERS. (a) The commission may: |
|
(1) hold hearings, on its own motion adopted by an |
|
affirmative vote of at least six commission members or on an inquiry |
|
[a sworn complaint], and render decisions on inquiries [complaints] |
|
or reports of violations as provided by this chapter; and |
|
(2) agree to the settlement of issues. |
|
(b) The commission may not consider an inquiry [a complaint] |
|
or vote to investigate a matter outside the commission's |
|
jurisdiction. |
|
SECTION 2.08. Section 571.1211, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.1211. DEFINITIONS. In this subchapter, "campaign |
|
[:
|
|
[(1) "Campaign] communication" and "political |
|
advertising" have the meanings assigned by Section 251.001, |
|
Election Code. |
|
[(2)
"Category One violation" means a violation of a
|
|
law within jurisdiction of the commission as to which it is
|
|
generally not difficult to ascertain whether the violation occurred
|
|
or did not occur, including:
|
|
[(A)
the failure by a person required to file a
|
|
statement or report to:
|
|
[(i)
file the required statement or report
|
|
in a manner that complies with applicable requirements; or
|
|
[(ii)
timely file the required statement or
|
|
report;
|
|
[(B)
a violation of Section 255.001, Election
|
|
Code;
|
|
[(C)
a misrepresentation in political
|
|
advertising or a campaign communication relating to the office held
|
|
by a person in violation of Section 255.006, Election Code;
|
|
[(D)
a failure to include in any written
|
|
political advertising intended to be seen from a road the
|
|
right-of-way notice in violation of Section 255.007, Election Code;
|
|
or
|
|
[(E)
a failure to timely respond to a written
|
|
notice under Section 571.123(b).
|
|
[(3)
"Category Two violation" means a violation of a
|
|
law within the jurisdiction of the commission that is not a Category
|
|
One violation.] |
|
SECTION 2.09. Subchapter E, Chapter 571, Government Code, |
|
is amended by adding Section 571.1213 to read as follows: |
|
Sec. 571.1213. CATEGORIZATION OF VIOLATIONS. (a) The |
|
commission staff shall categorize, in ascending order of |
|
seriousness, each violation of law alleged in an inquiry or on a |
|
motion of the commission as: |
|
(1) a technical, clerical, or de minimis violation; |
|
(2) an administrative or filing violation; or |
|
(3) a more serious violation. |
|
(b) The commission shall adopt rules defining what |
|
violations of law are included in each category of violation. |
|
SECTION 2.10. Subchapter E, Chapter 571, Government Code, |
|
is amended by adding Section 571.1214 to read as follows: |
|
Sec. 571.1214. RESOLUTION OF VIOLATIONS. (a) The |
|
commission staff and the commission shall resolve an inquiry or |
|
motion in the form corresponding to the most serious category of |
|
violation alleged in the inquiry or motion as provided in this |
|
section. |
|
(b) An inquiry or motion alleging a technical, clerical, or |
|
de minimis violation must be resolved in a letter of |
|
acknowledgment. |
|
(c) An inquiry or motion alleging an administrative or |
|
filing violation must be resolved in a notice of administrative or |
|
filing error. |
|
(d) An inquiry or motion alleging a more serious violation |
|
must be resolved in a notice of violation. |
|
SECTION 2.11. Section 571.122, Government Code, as amended |
|
by Chapters 604 (H.B. 677) and 1166 (H.B. 3218), Acts of the 81st |
|
Legislature, Regular Session, 2009, is amended to read as follows: |
|
Sec. 571.122. FILING OF INQUIRY [COMPLAINT]; CONTENTS. |
|
(a) An individual may file with the commission an inquiry [a sworn
|
|
complaint] alleging that a person subject to a law administered and |
|
enforced by the commission has violated a rule adopted by or a law |
|
administered and enforced by the commission. An inquiry [A sworn
|
|
complaint] must be filed on a form prescribed by the commission. |
|
The commission shall make the inquiry [complaint] form available on |
|
the Internet. The form prescribed by the commission must require |
|
the complainant to provide the following information for both the |
|
complainant and the respondent: |
|
(1) the person's name; |
|
(2) the person's telephone number; |
|
(3) the person's electronic mail address, if known; |
|
and |
|
(4) the physical address of the person's home or |
|
business. |
|
(b) An inquiry [A complaint] filed under this section must |
|
be in writing and under oath and must set forth in simple, concise, |
|
and direct statements: |
|
(1) the name of the complainant; |
|
(2) the street or mailing address of the complainant; |
|
(3) the name of each respondent; |
|
(4) the position or title of each respondent; |
|
(5) the nature of the alleged violation, including if |
|
possible the specific rule or provision of law alleged to have been |
|
violated; |
|
(6) a statement of the facts constituting the alleged |
|
violation and the dates on which or period of time in which the |
|
alleged violation occurred; and |
|
(7) all documents or other material available to the |
|
complainant that are relevant to the allegation, a list of all |
|
documents or other material within the knowledge of the complainant |
|
and available to the complainant that are relevant to the |
|
allegation but that are not in the possession of the complainant, |
|
including the location of the documents, if known, and a list of all |
|
documents or other material within the knowledge of the complainant |
|
that are unavailable to the complainant and that are relevant to the |
|
inquiry [complaint], including the location of the documents, if |
|
known. |
|
(b-1) An individual must be a resident of this state to be |
|
eligible to file an inquiry [a sworn complaint] with the |
|
commission. A copy of one of the following documents must be |
|
attached to the inquiry [complaint]: |
|
(1) the complainant's driver's license or personal |
|
identification certificate issued under Chapter 521, |
|
Transportation Code, or commercial driver's license issued under |
|
Chapter 522, Transportation Code; or |
|
(2) a utility bill, bank statement, government check, |
|
paycheck, or other government document that: |
|
(A) shows the name and address of the |
|
complainant; and |
|
(B) is dated not more than 30 days before the date |
|
on which the inquiry [complaint] is filed. |
|
(b-2) [(b-1)] To be eligible to file an inquiry [a sworn
|
|
complaint] with the commission, an individual must be a resident of |
|
this state or must own real property in this state. A copy of one |
|
of the following documents must be attached to the inquiry |
|
[complaint]: |
|
(1) the complainant's driver's license or personal |
|
identification certificate issued under Chapter 521, |
|
Transportation Code, or commercial driver's license issued under |
|
Chapter 522, Transportation Code; |
|
(2) a utility bill, bank statement, government check, |
|
paycheck, or other government document that: |
|
(A) shows the name and address of the |
|
complainant; and |
|
(B) is dated not more than 30 days before the date |
|
on which the inquiry [complaint] is filed; or |
|
(3) a property tax bill, notice of appraised value, or |
|
other government document that: |
|
(A) shows the name of the complainant; |
|
(B) shows the address of real property in this |
|
state; and |
|
(C) identifies the complainant as the owner of |
|
the real property. |
|
(c) The inquiry [complaint] must be accompanied by an |
|
affidavit stating that the information contained in the inquiry |
|
[complaint] is either correct or that the complainant has good |
|
reason to believe and does believe that the violation occurred. If |
|
the inquiry [complaint] is based on information and belief, the |
|
inquiry [complaint] shall state the source and basis of the |
|
information and belief. The complainant may swear to the facts by |
|
oath before a notary public or other authorized official. |
|
(d) The inquiry [complaint] must state on its face an |
|
allegation that, if true, constitutes a violation of a rule adopted |
|
by or a law administered and enforced by the commission. |
|
(e) It is not a valid basis of an inquiry [a complaint] to |
|
allege that a report required under Chapter 254, Election Code, |
|
contains the improper name or address of a person from whom a |
|
political contribution was received if the name or address in the |
|
report is the same as the name or address that appears on the check |
|
for the political contribution. |
|
SECTION 2.12. Section 571.1221, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.1221. DISMISSAL OF INQUIRY [COMPLAINT] FILED AT |
|
DIRECTION OR URGING OF NONRESIDENT. At any stage of a proceeding |
|
under this subchapter, the commission shall dismiss the inquiry |
|
[complaint] if the commission determines that the inquiry |
|
[complaint] was filed at the direction or urging of a person who is |
|
not a resident of this state. |
|
SECTION 2.13. Section 571.1222, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.1222. DISMISSAL OF INQUIRY [COMPLAINT] |
|
CHALLENGING CERTAIN INFORMATION IN POLITICAL REPORT. At any stage |
|
of a proceeding under this subchapter, the commission shall dismiss |
|
an inquiry [a complaint] to the extent the inquiry [complaint] |
|
alleges that a report required under Chapter 254, Election Code, |
|
contains the improper name or address of a person from whom a |
|
political contribution was received if the name or address in the |
|
report is the same as the name or address that appears on the check |
|
for the political contribution. |
|
SECTION 2.14. Section 571.123, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.123. PROCESSING OF INQUIRY [COMPLAINT]. (a) The |
|
commission shall determine whether an inquiry [a sworn complaint] |
|
filed with the commission complies with the form requirements of |
|
Section 571.122. |
|
(a-1) [(b)] After an inquiry [a complaint] is filed, the |
|
commission shall immediately attempt to contact and notify the |
|
respondent of the inquiry [complaint by telephone or electronic
|
|
mail]. |
|
(b) Not later than the fifth business day after the date an |
|
inquiry [a complaint] is filed, the commission shall notify [send
|
|
written notice to] the complainant and the respondent as to[.
The
|
|
written notice to the complainant and the respondent must]: |
|
(1) [state] whether the inquiry [complaint] complies |
|
with the form requirements of Section 571.122; and |
|
(2) if the respondent is a candidate or officeholder, |
|
[state] the procedure by which the respondent may designate an |
|
agent with whom commission staff may discuss the inquiry |
|
[complaint; and
|
|
[(3)
if applicable, include the information required
|
|
by Section 571.124(e)]. |
|
(c) If the commission determines that the inquiry |
|
[complaint] does not comply with the form requirements, the |
|
commission shall return [send] the inquiry [complaint] to the |
|
complainant with [the written notice,] a statement explaining how |
|
the inquiry [complaint] fails to comply[,] and a copy of the rules |
|
for filing inquiries [sworn complaints]. The commission shall |
|
provide [send] a copy of the rejected inquiry [complaint] to the |
|
respondent with [the written notice and] the statement explaining |
|
how the inquiry [complaint] fails to comply. The complainant may |
|
resubmit the inquiry [complaint] not later than the 21st day after |
|
the date the complainant is notified [notice] under Subsection (b) |
|
[is mailed]. If the commission determines that the inquiry |
|
[complaint] is not resubmitted within the 21-day period, the |
|
commission shall: |
|
(1) dismiss the inquiry [complaint]; and |
|
(2) not later than the fifth business day after the |
|
date of the dismissal, notify [send written notice to] the |
|
complainant and the respondent of the dismissal and the grounds for |
|
dismissal. |
|
(d) If the commission determines that an inquiry [a
|
|
complaint] is resubmitted under Subsection (c) within the 21-day |
|
period but is not in proper form, the commission shall return the |
|
inquiry to the complainant as provided in [send the notice required
|
|
under] Subsection (c), and the complainant may resubmit the inquiry |
|
[complaint] under that subsection. |
|
(e) If the commission determines that an inquiry [a
|
|
complaint] returned to the complainant under Subsection (c) or (d) |
|
is resubmitted within the 21-day period and that the inquiry |
|
[complaint] complies with the form requirements, the commission |
|
shall notify the complainant and respondent [send the written
|
|
notice] under Subsection (b). |
|
SECTION 2.15. Subsection (b), Section 571.1231, Government |
|
Code, is amended to read as follows: |
|
(b) A respondent to an inquiry [a complaint] filed against |
|
the respondent may by writing submitted to the commission designate |
|
an agent with whom the commission staff may communicate regarding |
|
the inquiry [complaint]. |
|
SECTION 2.16. Section 571.124, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.124. PRELIMINARY REVIEW: INITIATION. (a) The |
|
commission staff shall promptly conduct a preliminary review on |
|
receipt of a written inquiry [complaint] that is in compliance with |
|
the form requirements of Section 571.122. |
|
(b) On a motion adopted by an affirmative vote of at least |
|
six commission members, the commission staff, without an inquiry [a
|
|
sworn complaint], may undertake [initiate] a preliminary review of |
|
the matter that is the subject of the motion. |
|
(c) The executive director shall determine in writing |
|
whether the commission has jurisdiction over the violation of law |
|
alleged in an inquiry [a sworn complaint] processed under Section |
|
571.123. |
|
(e) If the executive director determines that the |
|
commission has jurisdiction, the notification [notice] under |
|
Section 571.123(b) must include: |
|
(1) a statement that the commission has jurisdiction |
|
over the violation of law alleged in the inquiry [complaint]; |
|
(2) a statement of whether the inquiry [complaint] |
|
will be processed as a technical, clerical, or de minimis |
|
violation, an administrative or filing violation, or a more serious |
|
violation [Category One violation or a Category Two violation,
|
|
subject to reconsideration as provided for by Section 571.1212]; |
|
(3) the date by which the respondent is required to |
|
respond to the notification [notice]; |
|
(4) a copy of the inquiry [complaint] and the rules of |
|
procedure of the commission; |
|
(5) a statement of the rights of the respondent; |
|
(6) a statement inviting the respondent to provide to |
|
the commission any information relevant to the inquiry [complaint]; |
|
and |
|
(7) a statement that a failure to timely respond to the |
|
notification [notice] will be treated as a separate violation. |
|
(f) If the executive director determines that the |
|
commission does not have jurisdiction over the violation alleged in |
|
the inquiry [complaint], the executive director shall: |
|
(1) dismiss the inquiry [complaint]; and |
|
(2) not later than the fifth business day after the |
|
date of the dismissal, notify [send to] the complainant and the |
|
respondent [written notice] of the dismissal and the grounds for |
|
the dismissal. |
|
SECTION 2.17. Subsections (a) and (c), Section 571.1241, |
|
Government Code, are amended to read as follows: |
|
(a) If the executive director determines that the |
|
commission does not have jurisdiction over the violation alleged in |
|
the inquiry [complaint], the complainant may request that the |
|
commission review the determination. A request for review under |
|
this section must be filed not later than the 30th day after the |
|
date the complainant receives the executive director's |
|
determination. |
|
(c) Not later than the fifth business day after the date of |
|
the commission's determination under this section, the commission |
|
shall notify [send written notice to] the complainant and the |
|
respondent as to [stating] whether the commission has jurisdiction |
|
over the violation alleged in the inquiry [complaint]. If the |
|
commission determines that the commission has jurisdiction, the |
|
notification [notice] must include the items listed in Section |
|
571.124(e). |
|
SECTION 2.18. Section 571.1242, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.1242. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT. |
|
(a) If the alleged violation is a technical, clerical, or de |
|
minimis [Category One] violation: |
|
(1) the respondent must respond to the notification |
|
[notice] required by Section 571.123(b) not later than the 10th |
|
business day after the date the respondent is notified [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 is notified [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 an administrative or filing |
|
violation or a more serious [a Category Two] violation: |
|
(1) the respondent must respond to the notification |
|
[notice] required by Section 571.123(b) not later than the 25th |
|
business day after the date the respondent is notified [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 is notified [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]. |
|
(c) A respondent's failure to timely respond as required by |
|
Subsection (a)(1) or (b)(1) is a [Category One] violation. |
|
(d) The response required to the notification under Section |
|
571.123(b) [by Subsection (a) or (b)] must include any challenge |
|
the respondent seeks to raise to the commission's exercise of |
|
jurisdiction. In addition, the respondent may: |
|
(1) acknowledge the occurrence or commission of a |
|
violation; |
|
(2) deny the allegations contained in the inquiry |
|
[complaint] and provide evidence supporting the denial; or |
|
(3) agree to enter into a letter of acknowledgment [an
|
|
assurance of voluntary compliance] or other agreed decision |
|
[order], which may include an agreement to immediately cease and |
|
desist. |
|
[(e)
If the commission sets the matter for a preliminary
|
|
review hearing, the commission shall promptly send to the
|
|
complainant and the respondent written notice of the date, time,
|
|
and place of the preliminary review hearing.] |
|
SECTION 2.19. Subchapter E, Chapter 571, Government Code, |
|
is amended by adding Section 571.12421 to read as follows: |
|
Sec. 571.12421. PRELIMINARY REVIEW: PROCEDURE. (a) The |
|
commission shall adopt procedures by rule for the conduct of: |
|
(1) a preliminary review of an inquiry or motion that |
|
alleges a technical, clerical, or de minimis violation; |
|
(2) a preliminary review of an inquiry or motion that |
|
alleges an administrative or filing violation; and |
|
(3) a preliminary review of an inquiry or motion that |
|
alleges a more serious violation. |
|
(b) If an inquiry or motion alleges violations of different |
|
categories, the commission staff shall conduct a preliminary review |
|
of the inquiry or motion according to the procedure for the most |
|
serious category of violation alleged in the inquiry or motion. |
|
(c) If, in the course of conducting a preliminary review, |
|
the commission staff determines that the violation alleged in the |
|
inquiry or motion was initially categorized incorrectly, the |
|
commission staff shall continue conducting the preliminary review |
|
according to the procedure for the correct category of violation. |
|
(d) If an inquiry or motion alleges more than one violation, |
|
the commission staff may conduct a single preliminary review of the |
|
alleged violations or conduct a separate preliminary review for |
|
each violation. |
|
SECTION 2.20. Subchapter E, Chapter 571, Government Code, |
|
is amended by adding Section 571.12431 to read as follows: |
|
Sec. 571.12431. PRELIMINARY REVIEW: RESOLUTION. |
|
(a) After conducting a preliminary review of an inquiry or motion, |
|
the commission staff shall propose a resolution of the inquiry or |
|
motion to the respondent in the form corresponding to the category |
|
of violation alleged in the inquiry or motion or, if the inquiry or |
|
motion alleges multiple violations, in the form corresponding to |
|
the most serious category of violation. |
|
(b) Except as provided by other law or commission rule, if |
|
the respondent accepts the resolution, the commission staff shall |
|
submit to the commission for approval the letter of acknowledgment, |
|
notice of administrative or filing error, or notice of violation in |
|
which the resolution was proposed to the respondent. |
|
(c) If the respondent rejects the resolution, the |
|
commission shall set the inquiry or motion for a preliminary review |
|
hearing. |
|
SECTION 2.21. Section 571.1244, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.1244. PRELIMINARY REVIEW AND PRELIMINARY REVIEW |
|
HEARING PROCEDURES. (a) The commission shall adopt procedures for |
|
the conduct of preliminary reviews and preliminary review hearings. |
|
The procedures must include: |
|
(1) a reasonable time for responding to questions |
|
submitted by the commission and commission staff and subpoenas |
|
issued by the commission; and |
|
(2) the tolling or extension of otherwise applicable |
|
deadlines where: |
|
(A) the commission issues a subpoena and the |
|
commission's meeting schedule makes it impossible both to provide a |
|
reasonable time for response and to comply with the otherwise |
|
applicable deadlines; or |
|
(B) the commission determines that, despite |
|
commission staff's diligence and the reasonable cooperation of the |
|
respondent, a matter is too complex to resolve within the otherwise |
|
applicable deadlines without compromising either the commission |
|
staff's investigation or the rights of the respondent. |
|
(b) The commission by rule shall adopt procedures for the |
|
commission's review of a letter of acknowledgment, a notice of |
|
administrative or filing error, or a notice of violation submitted |
|
to the commission under Section 571.12431(b) or 571.126(f). |
|
(c) The commission by rule shall adopt procedures for the |
|
disposition of an inquiry or motion if the respondent does not |
|
respond to a resolution of the inquiry or motion proposed to the |
|
respondent under Section 571.12431 or 571.126. |
|
SECTION 2.22. Section 571.125, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.125. PRELIMINARY REVIEW HEARING: PROCEDURE. |
|
(a) A panel of two members of the [The] commission shall conduct a |
|
preliminary review hearing if: |
|
(1) following the preliminary review, the [commission
|
|
and the] respondent does not [cannot] agree to the resolution of the |
|
inquiry or motion proposed by the commission staff [disposition of
|
|
the complaint or motion]; or |
|
(2) the respondent in writing requests a hearing. |
|
(b) The commission shall notify [provide written notice to] |
|
the complainant, if any, and the respondent of the date, time, and |
|
place the panel [commission] will conduct the preliminary review |
|
hearing. |
|
(c) At or after the time the commission notifies the |
|
complainant, if any, and the respondent [provides notice] of a |
|
preliminary review hearing, the commission may submit to the |
|
complainant and the respondent written questions and require those |
|
questions to be answered under oath within a reasonable time. |
|
(d) During a preliminary review hearing, the panel |
|
[commission]: |
|
(1) may consider all submitted evidence related to the |
|
inquiry [complaint] or to the subject matter of a motion under |
|
Section 571.124(b); |
|
(2) may review any documents or material related to |
|
the inquiry [complaint] or to the motion; and |
|
(3) shall determine whether there is credible evidence |
|
that provides cause for the panel [commission] to conclude that a |
|
violation within the jurisdiction of the commission has occurred. |
|
(e) During a preliminary review hearing, the respondent may |
|
appear before the panel [commission] with the assistance of |
|
counsel, if desired by the respondent, and present any relevant |
|
evidence, including a written statement. |
|
SECTION 2.23. Subchapter E, Chapter 571, Government Code, |
|
is amended by adding Section 571.1251 to read as follows: |
|
Sec. 571.1251. SELECTION OF PANEL TO CONDUCT PRELIMINARY |
|
REVIEW HEARING. The commission shall adopt rules for the selection |
|
of members of the commission to serve on panels to conduct |
|
preliminary review hearings. The rules shall ensure that: |
|
(1) a panel is composed of two members of the |
|
commission; and |
|
(2) each member of the panel is a member of a different |
|
political party. |
|
SECTION 2.24. Section 571.126, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.126. PRELIMINARY REVIEW HEARING: RESOLUTION. |
|
(a) Except as provided in Subsection (e), as [As] soon as |
|
practicable after the completion of a preliminary review hearing, |
|
the panel [commission] by vote shall issue a decision stating: |
|
(1) whether there is credible evidence for the panel |
|
[commission] to determine that a violation within the jurisdiction |
|
of the commission has occurred and whether the violation is a |
|
technical, clerical, or de minimis violation, an administrative or |
|
filing violation, or a more serious violation; or |
|
(2) that there is insufficient evidence for the panel |
|
[commission] to determine whether a violation within the |
|
jurisdiction of the commission has occurred. |
|
(b) If the panel [commission] determines that there is |
|
credible evidence for the panel [commission] to determine that a |
|
violation within the jurisdiction of the commission has occurred, |
|
the panel [commission] shall prepare a resolution of the inquiry or |
|
motion to propose to the respondent [resolve and settle the
|
|
complaint or motion] to the extent possible. If the panel |
|
[commission] successfully prepares a resolution [resolves and
|
|
settles the complaint or motion], not later than the fifth business |
|
day after the date the panel prepares the resolution [of the final
|
|
resolution of the complaint or motion], the commission shall |
|
provide [send to the complainant, if any, and] the respondent a copy |
|
of the decision stating the panel's [commission's] determination |
|
and the panel's proposed resolution of the inquiry or motion in the |
|
appropriate form [written notice of the resolution and the terms of
|
|
the resolution]. If the panel [commission] is unsuccessful in |
|
preparing a resolution or the respondent rejects the resolution |
|
[resolving and settling the complaint or motion], the panel |
|
[commission] shall: |
|
(1) order a formal hearing to be held in accordance |
|
with Sections 571.127 [571.129] through 571.132; and |
|
(2) not later than the fifth business day after, as |
|
applicable, the date the panel determines that there is credible |
|
evidence to determine that a violation has occurred or the date the |
|
respondent rejects a resolution prepared by the panel, provide [of
|
|
the decision, send to] the complainant, if any, and the respondent |
|
with: |
|
(A) a copy of the decision; |
|
(B) [written] notice of the date, time, and place |
|
of the formal hearing; |
|
(C) a statement of the nature of the alleged |
|
violation; |
|
(D) a description of the evidence of the alleged |
|
violation; |
|
(E) a copy of the inquiry [complaint] or motion; |
|
(F) a copy of the commission's rules of |
|
procedure; and |
|
(G) a statement of the rights of the respondent. |
|
(c) If the panel [commission] determines that there is |
|
credible evidence for the panel [commission] to determine that a |
|
violation within the jurisdiction of the commission has not |
|
occurred[, the commission shall]: |
|
(1) the panel shall dismiss the inquiry [complaint] or |
|
motion; and |
|
(2) the commission shall, not later than the fifth |
|
business day after the date of the dismissal, provide [send to] the |
|
complainant, if any, and the respondent with a copy of the decision |
|
stating the panel's [commission's] determination and [written] |
|
notice of the dismissal and the grounds for dismissal. |
|
(d) If the panel [commission] determines that there is |
|
insufficient credible evidence for the panel [commission] to |
|
determine that a violation within the jurisdiction of the |
|
commission has occurred, the panel [commission] may dismiss the |
|
inquiry [complaint] or motion or promptly order [conduct] a formal |
|
hearing to be held under Sections 571.127 [571.129] through |
|
571.132. Not later than the fifth business day after the date of |
|
the panel's [commission's] determination under this subsection, the |
|
commission shall provide [send to] the complainant, if any, and the |
|
respondent with a copy of the decision stating the panel's |
|
[commission's] determination and [written] notice of the grounds |
|
for the determination. |
|
(e) If, because of a tie vote, the panel cannot issue a |
|
decision under Subsection (a), the panel shall order a formal |
|
hearing to be held under Sections 571.127 through 571.132. Not |
|
later than the fifth business day after the date of the vote, the |
|
commission shall notify the complainant, if any, and the respondent |
|
of the date, time, and place of the hearing. |
|
(f) Except as provided by other law or commission rule, if |
|
the respondent accepts the resolution in Subsection (b), the panel |
|
shall submit to the commission for approval the letter of |
|
acknowledgment, notice of administrative or filing error, or notice |
|
of violation in which the resolution was proposed to the |
|
respondent. |
|
SECTION 2.25. Subchapter E, Chapter 571, Government Code, |
|
is amended by adding Section 571.127 to read as follows: |
|
Sec. 571.127. FORMAL HEARING: CONDUCT. The commission may |
|
conduct a formal hearing under this subchapter or may delegate to |
|
the State Office of Administrative Hearings the responsibility of |
|
conducting a formal hearing under this subchapter. |
|
SECTION 2.26. Subsections (a) and (c), Section 571.132, |
|
Government Code, are amended to read as follows: |
|
(a) Not later than the 30th business day after the date the |
|
State Office of Administrative Hearings issues a proposal for |
|
decision, the commission shall convene a meeting and by motion |
|
shall issue: |
|
(1) a final decision stating the resolution of the |
|
formal hearing in the form corresponding to the category of |
|
violation alleged in the inquiry or motion that was the subject of |
|
the hearing; and |
|
(2) a written report stating in detail the |
|
commission's findings of fact, conclusions of law, and |
|
recommendation of criminal referral or imposition of a civil |
|
penalty, if any. |
|
(c) Not later than the fifth business day after the date the |
|
commission issues the final decision and written report, the |
|
commission shall: |
|
(1) provide [send] a copy of the decision and report to |
|
the complainant, if any, and to the respondent; and |
|
(2) make a copy of the decision and report available to |
|
the public during reasonable business hours. |
|
SECTION 2.27. Section 571.133, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.133. APPEAL OF FINAL DECISION. (a) A respondent |
|
who has exhausted all administrative remedies under this subchapter |
|
and who is aggrieved by a final decision of the commission may seek |
|
judicial review of the decision by pursuing an appeal. |
|
(b) To appeal a final decision of the commission, the |
|
respondent or the respondent's agent may file a petition in a |
|
district court in Travis County or in the county in which the |
|
respondent resides. |
|
(c) [(b)] The petition must be filed not later than the 30th |
|
business day after the date the respondent received the decision. |
|
(d) [(c)] Not later than the 30th day after the date on |
|
which the petition is filed, the respondent may request that the |
|
appeal be transferred to a district court in Travis County or in the |
|
county in which the respondent resides, as appropriate. The court |
|
in which the appeal is originally filed shall transfer the appeal to |
|
a district court in the other county on receipt of the request. |
|
(e) Judicial review under this section shall be conducted in |
|
the manner provided for judicial review of a contested case under |
|
Chapter 2001, Government Code, and is governed by the substantial |
|
evidence rule. |
|
[(d)
An appeal brought under this section is not limited to
|
|
questions of law, and the substantial evidence rule does not apply.
|
|
The action shall be determined by trial de novo. The reviewing
|
|
court shall try all issues of fact and law in the manner applicable
|
|
to other civil suits in this state but may not admit in evidence the
|
|
fact of prior action by the commission or the nature of that action,
|
|
except to the limited extent necessary to show compliance with
|
|
statutory provisions that vest jurisdiction in the court. A party
|
|
is entitled, on demand, to a jury determination of any issue of fact
|
|
on which a jury determination is available in other civil suits in
|
|
this state.] |
|
SECTION 2.28. Section 571.134, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.134. DELAY OF REFERRAL. If an alleged violation |
|
involves an election in which the alleged violator is a candidate, a |
|
candidate's campaign treasurer, or the campaign treasurer of a |
|
political committee supporting or opposing a candidate and the |
|
inquiry [complaint] is filed within 60 days before the date of the |
|
election, the commission shall delay referral until: |
|
(1) the day after election day; |
|
(2) the day after runoff election day if an ensuing |
|
runoff involving the alleged violator is held; or |
|
(3) the day after general election day if the election |
|
involved in the violation is a primary election and the alleged |
|
violator is involved in the succeeding general election. |
|
SECTION 2.29. Subsection (b), Section 571.135, Government |
|
Code, is amended to read as follows: |
|
(b) The materials must include: |
|
(1) a description of: |
|
(A) the commission's responsibilities; |
|
(B) the types of conduct that constitute a |
|
violation of a law within the jurisdiction of the commission; |
|
(C) the types of sanctions the commission may |
|
impose; |
|
(D) the commission's policies and procedures |
|
relating to inquiry [complaint] investigation and resolution; and |
|
(E) the duties of a person filing an inquiry [a
|
|
complaint] with the commission; and |
|
(2) a diagram showing the basic steps in the |
|
commission's procedures relating to inquiry [complaint] |
|
investigation and resolution. |
|
SECTION 2.30. Section 571.1351, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.1351. STATUS OF INQUIRY [COMPLAINT]. (a) The |
|
commission shall keep an information file about each inquiry [sworn
|
|
or other complaint] filed with the commission. The file must |
|
include: |
|
(1) the name of the person who filed the inquiry |
|
[complaint]; |
|
(2) the date the inquiry [complaint] is received by |
|
the commission; |
|
(3) the subject matter of the inquiry [complaint]; |
|
(4) the name of each person contacted in relation to |
|
the inquiry [complaint]; |
|
(5) a summary of the results of the review or |
|
investigation of the inquiry [complaint]; and |
|
(6) an explanation of the reason the file was closed, |
|
if the commission closed the file without taking action other than |
|
to investigate the inquiry [complaint]. |
|
(b) The commission shall provide to the person filing the |
|
inquiry [complaint] and to each person who is a subject of the |
|
inquiry [complaint] a copy of the commission's policies and |
|
procedures relating to inquiry [complaint] investigation and |
|
resolution. |
|
(c) In addition to the notice required by Sections 571.123 |
|
through 571.132, the commission, at least quarterly until final |
|
disposition of an inquiry [a complaint], shall notify the person |
|
who filed the inquiry [complaint] and each person who is a subject |
|
of the inquiry [complaint], if any, of the status of the inquiry |
|
[sworn or other complaint]. |
|
SECTION 2.31. Section 571.136, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.136. EXTENSION OF DEADLINE. The commission may, |
|
on its own motion or on the reasonable request of a respondent, |
|
extend any deadline for action relating to an inquiry [a sworn
|
|
complaint], motion, preliminary review hearing, or formal hearing. |
|
SECTION 2.32. Subsection (a), Section 571.137, Government |
|
Code, is amended to read as follows: |
|
(a) In connection with a formal hearing, the commission, as |
|
authorized by this chapter, may subpoena and examine witnesses and |
|
documents that directly relate to an inquiry [a sworn complaint]. |
|
SECTION 2.33. Section 571.139, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.139. APPLICABILITY OF OTHER ACTS. (a) Except as |
|
provided by Section 571.140(b), Chapter 552 does not apply to |
|
documents or any additional evidence relating to the processing, |
|
preliminary review, preliminary review hearing, or resolution of an |
|
inquiry [a sworn complaint] or motion. |
|
(b) Chapter 551 does not apply to the processing, |
|
preliminary review, preliminary review hearing, or resolution of an |
|
inquiry [a sworn complaint] or motion, but does apply to a formal |
|
hearing held under Sections 571.127 [571.129] through 571.131. |
|
(c) Subchapters C through H, Chapter 2001, apply only to a |
|
formal hearing under this subchapter, the resolution of a formal |
|
hearing, and the appeal of a final decision [order] of the |
|
commission, and only to the extent consistent with this chapter. |
|
SECTION 2.34. Subsections (a), (b), and (b-1), Section |
|
571.140, Government Code, are amended to read as follows: |
|
(a) Except as provided by Subsection (b) or (b-1) or by |
|
Section 571.171, proceedings at a preliminary review hearing |
|
performed by a panel of members of the commission, an inquiry [a
|
|
sworn complaint], and documents and any additional evidence |
|
relating to the processing, preliminary review, preliminary review |
|
hearing, or resolution of an inquiry [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) A notice of administrative or filing error or a notice |
|
of violation approved [An order issued] by the commission under |
|
Section 571.12431(b) or 571.126(f) after the completion of a |
|
preliminary review or hearing [determining that a violation other
|
|
than a technical or de minimis violation has occurred] is not |
|
confidential. A letter of acknowledgment approved by the |
|
commission under Section 571.12431(b) or 571.126(f) after the |
|
completion of a preliminary review or hearing is confidential. |
|
(b-1) A commission employee may, for the purpose of |
|
investigating an inquiry [a sworn complaint] or motion, disclose to |
|
the complainant, the respondent, or a witness information that is |
|
otherwise confidential and relates to the inquiry [sworn complaint] |
|
if: |
|
(1) the employee makes a good faith determination that |
|
the disclosure is necessary to conduct the investigation; |
|
(2) the employee's determination under Subdivision (1) |
|
is objectively reasonable; |
|
(3) the executive director authorizes the disclosure; |
|
and |
|
(4) the employee discloses only the information |
|
necessary to conduct the investigation. |
|
SECTION 2.35. Section 571.141, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.141. AVAILABILITY OF CERTAIN NOTICES AND DECISIONS |
|
[COMMISSION ORDERS] ON INTERNET. (a) As soon as practicable |
|
following a preliminary review, preliminary review hearing, or |
|
formal hearing at which the commission staff, a panel of members of |
|
the commission, or the commission determines that a person has |
|
committed a violation within the commission's jurisdiction, the |
|
commission shall make available on the Internet: |
|
(1) a copy of the notice of administrative or filing |
|
error or notice of violation approved or issued by the commission |
|
[commission's order stating the determination]; or |
|
(2) a summary of the notice [commission's order]. |
|
(b) This section does not apply to a letter of |
|
acknowledgment [determination of a violation that is technical or
|
|
de minimis]. |
|
(c) If at a preliminary review, preliminary review hearing, |
|
or formal hearing, the commission staff, a panel of members of the |
|
commission, or the commission does not find that a person has |
|
committed a violation within the commission's jurisdiction or |
|
dismisses the inquiry or motion at issue, the commission shall, on |
|
the person's request and waiver of confidentiality, make available |
|
on the Internet a copy of the decision or notice of dismissal. |
|
SECTION 2.36. Section 571.142, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.142. LIABILITY FOR RESPONDENT'S COSTS. (a) This |
|
section applies only to an inquiry [a sworn complaint] if: |
|
(1) the inquiry [complaint] was filed after the 30th |
|
day before the date of an election; |
|
(2) the respondent is a candidate in the election; and |
|
(3) the inquiry [complaint] alleges an administrative |
|
or filing [a] violation or a more serious violation [other than a
|
|
technical or clerical violation]. |
|
(b) If, in disposing of an inquiry [a sworn complaint] to |
|
which this section applies, the commission determines that a |
|
violation within the commission's jurisdiction has not occurred, |
|
the complainant is liable for the respondent's reasonable and |
|
necessary attorney's fees and other costs incurred in defending |
|
against the inquiry [complaint]. |
|
(c) This section does not apply to an inquiry [a sworn
|
|
complaint] regarding a reporting omission required by law. |
|
SECTION 2.37. Subsection (b), Section 571.171, Government |
|
Code, is amended to read as follows: |
|
(b) On receipt of an inquiry [a sworn complaint], if the |
|
executive director reasonably believes that the person who is the |
|
subject of the inquiry [complaint] has violated Chapter 36 or 39, |
|
Penal Code, the executive director may refer the matter to the |
|
appropriate prosecuting attorney for criminal prosecution. |
|
SECTION 2.38. Section 571.173, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. |
|
(a) The commission and the commission staff 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 |
|
decision or for a violation of a law administered and enforced by |
|
the commission. |
|
(b) The commission shall adopt guidelines for the |
|
commission and the commission staff to follow when imposing a civil |
|
penalty under this section. The guidelines must direct the |
|
commission or the commission staff to consider the factors |
|
described by Section 571.177. |
|
(c) The commission or the commission staff shall impose a |
|
civil penalty on a respondent who accepts or is issued a notice of |
|
administrative or filing error or a notice of violation under this |
|
chapter. |
|
(d) When imposing a civil penalty under Subsection (c), the |
|
commission is not required to consider any penalties previously |
|
proposed to the respondent at an earlier stage of review. |
|
(e) The commission or the commission staff may not impose a |
|
civil penalty on a respondent who accepts or is issued a letter of |
|
acknowledgment under this chapter. |
|
SECTION 2.39. Section 571.176, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.176. CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH |
|
INQUIRY [COMPLAINT]. (a) The commission may impose a civil |
|
penalty of not more than $10,000 for the filing of a frivolous or |
|
bad-faith inquiry [complaint]. In this subsection, "frivolous |
|
inquiry [complaint]" means an inquiry [a complaint] that is |
|
groundless and brought in bad faith or is groundless and brought for |
|
the purpose of harassment. |
|
(b) In addition to other penalties, a person who files a |
|
frivolous inquiry [complaint] is civilly liable to the respondent |
|
in an amount equal to the greater of $10,000 or the amount of actual |
|
damages incurred by the respondent, including court costs and |
|
attorney fees. |
|
(c) A person may file an inquiry [a sworn complaint] with |
|
the commission, in accordance with Section 571.122, alleging that |
|
an inquiry [a complaint] relating to that person filed with the |
|
commission is frivolous or brought in bad faith. An inquiry [A
|
|
complaint] may be filed under this subsection without regard to |
|
whether the inquiry [complaint] alleged to be frivolous or brought |
|
in bad faith is pending before the commission or has been resolved. |
|
The commission shall act on an inquiry [a complaint] made under this |
|
subsection as provided by Subchapter E. |
|
SECTION 2.40. Section 571.177, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.177. FACTORS CONSIDERED FOR ASSESSMENT OF |
|
SANCTION. The commission or the commission staff shall consider |
|
the following factors in assessing a sanction: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, consequences, extent, and gravity of the |
|
violation; |
|
(2) the history and extent of previous violations; |
|
(3) the demonstrated good faith of the violator, |
|
including actions taken to rectify the consequences of the |
|
violation; |
|
(4) the penalty necessary to deter future violations; |
|
and |
|
(5) any other matters that justice may require. |
|
SECTION 2.41. (a) Not later than December 1, 2013, the |
|
Texas Ethics Commission shall adopt any rules necessary to |
|
implement the changes in law made by this article. |
|
(b) The changes in law made by this article apply only to an |
|
inquiry filed with the Texas Ethics Commission under Section |
|
571.122, Government Code, or a motion adopted by the commission |
|
under Subsection (b), Section 571.124, Government Code, on or after |
|
December 1, 2013. A sworn complaint filed with the Texas Ethics |
|
Commission under Section 571.122, Government Code, or a motion |
|
adopted by the commission under Subsection (b), Section 571.124, |
|
Government Code, before that date is governed by the law in effect |
|
on the date the complaint is filed or the motion is adopted, and the |
|
former law is continued in effect for that purpose. |
|
ARTICLE 3. PERSONAL FINANCIAL STATEMENTS |
|
SECTION 3.01. Section 571.0671, Government Code, is amended |
|
to read as follows: |
|
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING |
|
SOFTWARE. (a) Computer software provided or approved by the |
|
commission for use under Section 254.036(b), Election Code, or |
|
Section 302.013, [or] 305.0064, or 572.0291 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. |
|
(b) Before determining the specifications for computer |
|
software developed, purchased, or licensed for use under Section |
|
254.036, Election Code, or Section 302.013, [or] 305.0064, or |
|
572.0291, the commission shall conduct at least one public hearing |
|
to discuss the specifications. For at least 10 days following the |
|
hearing, the commission shall accept public comments concerning the |
|
software specifications. |
|
(c) The commission may provide software for use under |
|
Section 254.036(b), Election Code, or Section 302.013, [or] |
|
305.0064, or 572.0291 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. |
|
SECTION 3.02. Subchapter B, Chapter 572, Government Code, |
|
is amended by adding Section 572.0291 to read as follows: |
|
Sec. 572.0291. ELECTRONIC FILING REQUIRED. A financial |
|
statement filed with the commission must be filed 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. |
|
SECTION 3.03. Subchapter B, Chapter 572, Government Code, |
|
is amended by adding Section 572.0292 to read as follows: |
|
Sec. 572.0292. PREPARATION OF FORMS. The commission shall |
|
design forms that may be used for filing a financial statement with |
|
an authority other than the commission. |
|
SECTION 3.04. The heading to Section 572.030, Government |
|
Code, is amended to read as follows: |
|
Sec. 572.030. NOTIFICATION OF FILING REQUIREMENT |
|
[PREPARATION AND MAILING OF FORMS]. |
|
SECTION 3.05. Subsections (b) and (c), Section 572.030, |
|
Government Code, are amended to read as follows: |
|
(b) The commission shall notify [mail to] each individual |
|
required to file under this subchapter of [a notice that]: |
|
(1) the requirement [states] that the individual [is
|
|
required to] file a financial statement under this subchapter; |
|
(2) [identifies] the filing dates for the financial |
|
statement as provided by Sections 572.026 and 572.027; and |
|
(3) [describes] the manner in which the individual may |
|
electronically file the financial statement and access |
|
instructions for filing financial statements on [obtain the
|
|
financial statement forms and instructions from] the commission's |
|
Internet website[;
|
|
[(4)
states that on request of the individual, the
|
|
commission will mail to the individual a copy of the financial
|
|
statement forms and instructions; and
|
|
[(5)
states, if applicable, the fee for mailing the
|
|
forms and instructions and the manner in which the individual may
|
|
pay the fee]. |
|
(c) The notification [notice] required by Subsection (b) |
|
must be provided [mailed]: |
|
(1) before the 30th day before the deadline for filing |
|
the financial statement under Section 572.026(a) or (c), except as |
|
otherwise provided by this subsection; |
|
(2) not later than the 15th day after the applicable |
|
deadline for filing an application for a place on the ballot or a |
|
declaration of write-in candidacy for candidates required to file |
|
under Section 572.027(a), (b), or (c); |
|
(3) not later than the seventh day after the date of |
|
appointment for individuals required to file under Section |
|
572.026(b), or if the legislature is in session, sooner if |
|
possible; and |
|
(4) not later than the fifth day after the date the |
|
certificate of nomination is filed for candidates required to file |
|
under Section 572.027(d) [574.027(d)]. |
|
SECTION 3.06. Subsection (b), Section 572.031, Government |
|
Code, is amended to read as follows: |
|
(b) If the commission determines that an individual has |
|
failed to file the statement in compliance with this subchapter, |
|
the commission shall notify [send a written statement of the
|
|
determination to] the appropriate prosecuting attorney for |
|
[attorneys of] the state of the determination. |
|
SECTION 3.07. Section 572.032, Government Code, is amended |
|
by amending Subsection (a-1) and adding Subsection (a-2) to read as |
|
follows: |
|
(a-1) The commission shall remove the home address of a |
|
judge, [or] justice, or district attorney from a financial |
|
statement filed under this subchapter before: |
|
(1) permitting a member of the public to view the |
|
statement; or |
|
(2) providing a copy of the statement to a member of |
|
the public. |
|
(a-2) The commission shall remove the home address of an |
|
individual from a financial statement filed by the individual under |
|
this subchapter before: |
|
(1) permitting a member of the public to view the |
|
statement; or |
|
(2) providing a copy of the statement to a member of |
|
the public. |
|
SECTION 3.08. Subsections (a) and (b), Section 572.033, |
|
Government Code, are amended to read as follows: |
|
(a) The commission shall determine from any available |
|
evidence whether a statement required to be filed under this |
|
subchapter is late. On making a determination that the statement is |
|
late, the commission shall notify [immediately mail a notice of the
|
|
determination to] the individual responsible for filing the |
|
statement and [to] the appropriate prosecuting attorney for the |
|
state of the determination. |
|
(b) If a statement is determined to be late, the individual |
|
responsible for filing the statement is liable to the state for a |
|
civil penalty of $500. If a statement is more than 30 days late, the |
|
commission shall issue a warning of liability [by registered mail] |
|
to the individual responsible for the filing. If the penalty is not |
|
paid before the 10th day after the date on which the warning is |
|
received, the individual is liable for a civil penalty in an amount |
|
determined by commission rule, but not to exceed $10,000. |
|
SECTION 3.09. Section 145.003, Local Government Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) The statement may be filed with the clerk or secretary |
|
by electronic mail. The clerk or secretary may prescribe guidelines |
|
for filing by electronic mail. |
|
SECTION 3.10. Subsection (d), Section 145.004, Local |
|
Government Code, is amended to read as follows: |
|
(d) The timeliness of the filing is governed by Section |
|
572.029, Government Code. In addition, a financial statement that |
|
is not filed by electronic mail is timely filed if it is properly |
|
addressed and placed in the United States post office or in the |
|
hands of a common or contract carrier not later than the last day |
|
for filing the financial statement. The post office cancellation |
|
mark or the receipt mark of a common or contract carrier is prima |
|
facie evidence of the date the statement was deposited with the post |
|
office or carrier. The individual filing the statement may show by |
|
competent evidence that the actual date of posting was different |
|
from that shown by the mark. |
|
SECTION 3.11. Section 159.003, Local Government Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) The statement may be filed with the county clerk by |
|
electronic mail. The county clerk may prescribe guidelines for |
|
filing by electronic mail. |
|
SECTION 3.12. Subsection (b), Section 159.004, Local |
|
Government Code, is amended to read as follows: |
|
(b) The timeliness of the filing is governed by Section |
|
572.029, Government Code. In addition, a financial statement that |
|
is not filed by electronic mail is timely filed if it is properly |
|
addressed and placed in the United States post office or in the |
|
hands of a common or contract carrier not later than the last day |
|
for filing the financial statement. The post office cancellation |
|
mark or the receipt mark of a common or contract carrier is prima |
|
facie evidence of the date the statement was deposited with the post |
|
office or carrier. The individual filing the statement may show by |
|
competent evidence that the actual date of posting was different |
|
from that shown by the mark. |
|
SECTION 3.13. Section 159.034, Local Government Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) A report filed under this subchapter may be filed by |
|
electronic mail. The authority with whom the report is filed may |
|
prescribe guidelines for filing by electronic mail. |
|
SECTION 3.14. Section 159.052, Local Government Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) A financial statement filed with the county clerk may be |
|
filed by electronic mail. The county clerk may prescribe |
|
guidelines for filing by electronic mail under this subsection. |
|
SECTION 3.15. Subsection (b), Section 159.053, Local |
|
Government Code, is amended to read as follows: |
|
(b) The timeliness of the filing is governed by Section |
|
572.029, Government Code. In addition, a financial statement that |
|
is not filed by electronic mail is timely filed if it is properly |
|
addressed and placed in the United States post office or in the |
|
hands of a common or contract carrier not later than the last day |
|
for filing the financial statement. The post office cancellation |
|
mark or the receipt mark of a common or contract carrier is prima |
|
facie evidence of the date the statement was deposited with the post |
|
office or carrier. The individual filing the statement may show by |
|
competent evidence that the actual date of posting was different |
|
from that shown by the mark. |
|
SECTION 3.16. As soon as practicable after the effective |
|
date of this Act, the Texas Ethics Commission shall develop or |
|
approve the computer software that a person may use to |
|
electronically file a financial statement under Chapter 572, |
|
Government Code, as provided by the changes in law made by this |
|
article. |
|
SECTION 3.17. Section 572.032(a-1), Government Code, as |
|
amended by this Act, applies to any financial statement filed under |
|
Subchapter B, Chapter 572, Government Code, that the Texas Ethics |
|
Commission maintains on file and that is accessible to the public on |
|
or after the effective date of this Act. |
|
SECTION 3.18. Section 572.032(a-2), Government Code, as |
|
added by this Act, applies only to a financial statement filed under |
|
Subchapter B, Chapter 572, Government Code, on or after the date the |
|
Texas Ethics Commission determines that the computer software that |
|
a person is required to use to electronically file a financial |
|
statement includes features that allow the commission to easily and |
|
quickly redact information in the statement. A financial statement |
|
filed before that date is governed by the law in effect on the date |
|
of filing, and the former law is continued in effect for that |
|
purpose. |
|
ARTICLE 4. CAMPAIGN FINANCE |
|
SECTION 4.01. Section 251.003, Election Code, is amended to |
|
read as follows: |
|
Sec. 251.003. [PROHIBITION OF] DOCUMENT FILING FEE. (a) A |
|
candidate, an officeholder other than the secretary of state, and a |
|
political committee shall pay an annual fee for each year in which |
|
the candidate, officeholder, or political committee files [A charge
|
|
may not be made for filing] a document required to be filed under |
|
this title. |
|
(b) This section does not apply to: |
|
(1) a candidate, officeholder, or specific-purpose |
|
committee who files reports under this title with an authority |
|
other than the commission; |
|
(2) a candidate who filed a petition in lieu of the |
|
filing fee with the candidate's application for a place on the |
|
ballot; or |
|
(3) an officeholder who filed a petition in lieu of the |
|
filing fee with the application for a place on the ballot as a |
|
candidate for the office held by the officeholder. |
|
(c) The commission shall by rule determine the amount of the |
|
annual fee under this section in an amount, not to exceed $100, that |
|
the commission determines necessary for the administration of this |
|
title. |
|
(d) The commission shall adopt rules to implement this |
|
section. |
|
SECTION 4.02. The heading to Chapter 252, Election Code, is |
|
amended to read as follows: |
|
CHAPTER 252. CAMPAIGN TREASURER, LEGISLATIVE CAUCUS CHAIR, AND |
|
PRINCIPAL POLITICAL COMMITTEE |
|
SECTION 4.03. Chapter 252, Election Code, is amended by |
|
designating Sections 252.001 through 252.015 as Subchapter A and |
|
adding a subchapter heading to read as follows: |
|
SUBCHAPTER A. CAMPAIGN TREASURER |
|
SECTION 4.04. Section 252.001, Election Code, is amended to |
|
read as follows: |
|
Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED. |
|
Except as provided in Subchapter C, each [Each] candidate and each |
|
political committee shall appoint a campaign treasurer as provided |
|
by this subchapter [chapter]. |
|
SECTION 4.05. Chapter 252, Election Code, is amended by |
|
adding Subchapters B and C to read as follows: |
|
SUBCHAPTER B. LEGISLATIVE CAUCUS CHAIR |
|
Sec. 252.051. APPOINTMENT OF LEGISLATIVE CAUCUS CHAIR |
|
REQUIRED. Each legislative caucus, as defined by Section 253.0341, |
|
shall appoint a caucus chair as required by this subchapter. |
|
Sec. 252.052. CONTENTS OF APPOINTMENT; AUTHORITY WITH WHOM |
|
FILED. (a) A legislative caucus chair appointment must be in |
|
writing and must include: |
|
(1) the caucus's full name; |
|
(2) the caucus chair's name; |
|
(3) the caucus's mailing address; |
|
(4) the caucus's telephone number; and |
|
(5) the name of the person making the appointment. |
|
(b) A legislative caucus must file its caucus chair |
|
appointment with the commission. |
|
(c) A legislative caucus must notify the commission in |
|
writing of any change in the caucus's mailing address not later than |
|
the 10th day after the date on which the change occurs. |
|
SUBCHAPTER C. PRINCIPAL POLITICAL COMMITTEE |
|
Sec. 252.101. DESIGNATION OF PRINCIPAL POLITICAL |
|
COMMITTEE. (a) A candidate required to file a campaign treasurer |
|
appointment with the commission or an officeholder of an office for |
|
which a candidate is required to file a campaign treasurer |
|
appointment with the commission may designate a specific-purpose |
|
committee as the principal political committee for the candidate or |
|
officeholder with the responsibility of reporting any activity of |
|
the candidate or officeholder for which the candidate or |
|
officeholder would otherwise be required to file a report under |
|
Chapter 254. |
|
(b) A candidate who designates a principal political |
|
committee under this subchapter is not required to appoint a |
|
campaign treasurer under Subchapter A. |
|
(c) A designation of a principal political committee must be |
|
in writing and filed with the commission. |
|
Sec. 252.102. LIMITATION ON DESIGNATION OF AND AS PRINCIPAL |
|
POLITICAL COMMITTEE. (a) A candidate or officeholder may |
|
designate only one specific-purpose committee as the candidate's or |
|
officeholder's principal political committee. |
|
(b) A specific-purpose committee may be designated as the |
|
principal political committee for only one candidate or |
|
officeholder. |
|
SECTION 4.06. Subsection (a), Section 253.158, Election |
|
Code, is amended to read as follows: |
|
(a) For purposes of Sections 253.155 and 253.157, a |
|
contribution by the [spouse or] child of an individual is |
|
considered to be a contribution by the individual. |
|
SECTION 4.07. Subsections (a), (c), (d), and (g), Section |
|
254.0311, Election Code, are amended to read as follows: |
|
(a) A legislative caucus's caucus chair shall file a report |
|
of contributions and expenditures as required by this section. |
|
(c) If no reportable activity occurs during a reporting |
|
period, the legislative caucus chair shall indicate that fact in |
|
the report. |
|
(d) A legislative caucus's caucus chair shall file with the |
|
commission two reports for each year. |
|
(g) A legislative caucus's caucus chair shall maintain a |
|
record of all reportable activity under this section and shall |
|
preserve the record for at least two years beginning on the filing |
|
deadline for the report containing the information in the record. |
|
SECTION 4.08. Section 254.036, Election Code, is amended by |
|
amending Subsections (c) and (c-1) and adding Subsections (d) and |
|
(d-1) to read as follows: |
|
(c) A candidate, officeholder, or political committee that |
|
is required to file reports with the commission may file reports |
|
that comply with Subsection (a) if: |
|
(1) the candidate, officeholder, or campaign |
|
treasurer of the committee files with the commission an affidavit |
|
stating that the candidate, officeholder, or committee, an agent of |
|
the candidate, officeholder, or committee, or a person with whom |
|
the candidate, officeholder, or committee contracts does not use |
|
computer equipment to keep the current records of political |
|
contributions, political expenditures, or persons making political |
|
contributions to the candidate, officeholder, or committee; and |
|
(2) the candidate, officeholder, or committee has |
|
never [does not], in a calendar year, accepted [accept] political |
|
contributions that in the aggregate exceeded [exceed] $20,000 or |
|
made [make] political expenditures that in the aggregate exceeded |
|
[exceed] $20,000. |
|
(c-1) An affidavit under Subsection (c) must be filed with |
|
each report filed under Subsection (a). The affidavit must include |
|
a statement that the candidate, officeholder, or political |
|
committee understands that the candidate, officeholder, or |
|
committee shall file reports as required by Subsection (b) if: |
|
(1) the candidate, officeholder, or committee, a |
|
consultant of the candidate, officeholder, or committee, or a |
|
person with whom the candidate, officeholder, or committee |
|
contracts uses computer equipment for a purpose described by |
|
Subsection (c); or |
|
(2) the candidate, officeholder, or committee ever |
|
exceeds $20,000 in political contributions or political |
|
expenditures in a calendar year. |
|
(d) A legislative caucus may file reports that comply with |
|
Subsection (a) if: |
|
(1) the legislative caucus chair files with the |
|
commission an affidavit stating that the caucus, an agent of the |
|
caucus, or a person with whom the caucus contracts does not use |
|
computer equipment to keep the current records of contributions, |
|
expenditures, or persons making contributions to the caucus; and |
|
(2) the caucus has never, in a calendar year, accepted |
|
contributions that in the aggregate exceeded $20,000 or made |
|
expenditures that in the aggregate exceeded $20,000. |
|
(d-1) An affidavit under Subsection (d) must be filed with |
|
each report filed under Subsection (a). The affidavit must include |
|
a statement that the legislative caucus understands that the caucus |
|
shall file reports as required by Subsection (b) if: |
|
(1) the caucus, a consultant of the caucus, or a person |
|
with whom the caucus contracts uses computer equipment for a |
|
purpose described by Subsection (d); or |
|
(2) the caucus ever exceeds $20,000 in contributions |
|
or expenditures in a calendar year. |
|
SECTION 4.09. Subsection (c), Section 254.0405, Election |
|
Code, is amended to read as follows: |
|
(c) A semiannual report that is amended on or after the |
|
eighth day after the original report was filed is considered to have |
|
been filed on the date on which the original report was filed if: |
|
(1) the amendment is made before any inquiry |
|
[complaint] is filed with regard to the subject of the amendment; |
|
and |
|
(2) the original report was made in good faith and |
|
without an intent to mislead or to misrepresent the information |
|
contained in the report. |
|
SECTION 4.10. Subsections (a) and (b), Section 254.042, |
|
Election Code, are amended to read as follows: |
|
(a) The commission shall determine from any available |
|
evidence whether a report required to be filed with the commission |
|
under this chapter is late. On making that determination, the |
|
commission shall immediately notify [mail a notice of the
|
|
determination to] the person required to file the report of the |
|
determination. |
|
(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 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 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 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 4.11. Subchapter C, Chapter 254, Election Code, is |
|
amended by adding Section 254.067 to read as follows: |
|
Sec. 254.067. REPORT NOT REQUIRED. If during any reporting |
|
period prescribed by this subchapter a candidate designates a |
|
specific-purpose committee as the candidate's principal political |
|
committee as provided by Section 252.101, the candidate is not |
|
required to file a report covering that period if the candidate's |
|
principal political committee reports all of the activity that |
|
would otherwise be required to be included in the report, |
|
including: |
|
(1) the amount of any political contribution, |
|
including any loan, made by the candidate to the principal |
|
political committee; and |
|
(2) the amount of any political expenditure made by |
|
the candidate from personal funds and whether the candidate intends |
|
to seek reimbursement of the expenditure from the principal |
|
political committee. |
|
SECTION 4.12. Section 254.095, Election Code, is amended to |
|
read as follows: |
|
Sec. 254.095. REPORT NOT REQUIRED. (a) If at the end of |
|
any reporting period prescribed by this subchapter an officeholder |
|
who is required to file a report with an authority other than the |
|
commission has not accepted political contributions that in the |
|
aggregate exceed $500 or made political expenditures that in the |
|
aggregate exceed $500, the officeholder is not required to file a |
|
report covering that period. |
|
(b) If during any reporting period prescribed by this |
|
subchapter an officeholder designates a specific-purpose committee |
|
as the officeholder's principal political committee as provided by |
|
Section 252.101, the officeholder is not required to file a report |
|
covering that period if the officeholder's principal political |
|
committee reports all of the activity that would otherwise be |
|
required to be included in the report, including: |
|
(1) the amount of any political contribution, |
|
including any loan, made by the officeholder to the principal |
|
political committee; and |
|
(2) the amount of any political expenditure made by |
|
the officeholder from personal funds and whether the officeholder |
|
intends to seek reimbursement of the expenditure from the principal |
|
political committee. |
|
SECTION 4.13. Section 254.157, Election Code, is amended to |
|
read as follows: |
|
Sec. 254.157. MONTHLY REPORTING SCHEDULE. (a) The |
|
campaign treasurer of a general-purpose committee filing monthly |
|
reports shall file a report not later than the 10th [fifth] day of |
|
the month following the period covered by the report. A report |
|
covering the month preceding an election in which the committee is |
|
involved must be received by the commission [authority with whom
|
|
the report is required to be filed] not later than the 10th [fifth] |
|
day of the month following the period covered by the report. |
|
(b) A monthly report covers the period beginning the first |
|
calendar [26th] day of each month and continuing through the last |
|
calendar [25th] day of that [the following] month[, except that the
|
|
period covered by the first report begins January 1 and continues
|
|
through January 25]. |
|
SECTION 4.14. Section 254.158, Election Code, is amended to |
|
read as follows: |
|
Sec. 254.158. EXCEPTION TO MONTHLY REPORTING SCHEDULE. If |
|
the campaign treasurer appointment of a general-purpose committee |
|
filing monthly reports is filed after January 1 of the year in which |
|
monthly reports are filed, the period covered by the first monthly |
|
report begins the day the appointment is filed and continues |
|
through the last calendar [25th] day of the month in which the |
|
appointment is filed unless the appointment is filed the last |
|
calendar [25th or a succeeding] day of the month. In that case, the |
|
period continues through the last calendar [25th] day of the month |
|
following the month in which the appointment is filed. |
|
SECTION 4.15. Section 253.158, Election Code, as amended by |
|
this Act, applies only to a political contribution accepted on or |
|
after the effective date of this Act. A contribution accepted |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the contribution was accepted or the expenditure |
|
was made, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 4.16. The changes in law made by this article apply |
|
only to a report required to be filed under Chapter 254, Election |
|
Code, on or after the effective date of this Act. A report required |
|
to be filed under Chapter 254, Election Code, before the effective |
|
date of this Act 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. |
|
SECTION 4.17. (a) Not later than September 15, 2013, each |
|
legislative caucus in existence on September 1, 2013, shall appoint |
|
a caucus chair and file a caucus chair appointment with the Texas |
|
Ethics Commission as required by Subchapter B, Chapter 252, |
|
Election Code, as added by this Act. Notwithstanding Section |
|
254.0311, Election Code, as amended by this Act: |
|
(1) not later than October 1, 2013, a legislative |
|
caucus shall file a report under Section 254.0311, Election Code, |
|
as that section existed before amendment by this Act, that covers |
|
the period beginning July 1, 2013, or the day the caucus is |
|
organized, as applicable, and continuing through September 15, |
|
2013; and |
|
(2) not later than January 15, 2014, a legislative |
|
caucus chair appointed under this subsection shall file a report |
|
under Section 254.0311, Election Code, as amended by this Act, that |
|
covers the period beginning September 15, 2013, and continuing |
|
through December 31, 2013. |
|
(b) A legislative caucus chair appointed under Subsection |
|
(a) of this section is not responsible for: |
|
(1) reporting caucus activity that occurs before |
|
September 15, 2013; or |
|
(2) maintaining records of caucus activity that occurs |
|
before September 15, 2013. |
|
ARTICLE 5. LOBBYING |
|
SECTION 5.01. Section 305.002, Government Code, is amended |
|
by adding Subdivision (2-a) to read as follows: |
|
(2-a) "Communicates directly with a member of the |
|
legislative or executive branch to influence legislation or |
|
administrative action" or any variation of the phrase includes |
|
establishing goodwill with the member for the purpose of later |
|
communicating with the member to influence legislation or |
|
administrative action. |
|
SECTION 5.02. Subsection (b), Section 305.0021, Government |
|
Code, is amended to read as follows: |
|
(b) For purposes of Section 36.02 or 36.10, Penal Code, a |
|
person described by Subsection (a)(2)(A) is not considered to have |
|
made an expenditure [the amount of a joint expenditure that is
|
|
attributed to a person who is not a registrant is not an expenditure
|
|
made and reported] in accordance with this chapter. |
|
SECTION 5.03. Section 305.003, Government Code, is amended |
|
by adding Subsections (b-3) and (b-4) to read as follows: |
|
(b-3) Subsection (a)(2) does not require a person to |
|
register if the person spends not more than 26 hours, or another |
|
amount of time determined by the commission, for which the person is |
|
compensated or reimbursed during the calendar quarter engaging in |
|
activity, including preparatory activity as defined by the |
|
commission, to communicate directly with a member of the |
|
legislative or executive branch to influence legislation or |
|
administrative action. |
|
(b-4) If a person spends more than eight hours in a single |
|
day engaging in activity to communicate directly with a member of |
|
the legislative or executive branch to influence legislation or |
|
administrative action, the person is considered to have engaged in |
|
the activity for only eight hours during that day for purposes of |
|
Subsection (b-3). |
|
SECTION 5.04. Subsections (a) and (d), Section 305.0062, |
|
Government Code, are amended to read as follows: |
|
(a) The report filed under Section 305.006 must also contain |
|
the total expenditures described by Section 305.006(b) that are |
|
directly attributable to members of the legislative or executive |
|
branch. The expenditures must be stated in only one of the |
|
following categories: |
|
(1) state senators; |
|
(2) state representatives; |
|
(3) elected or appointed state officers, other than |
|
those described by Subdivision (1) or (2); |
|
(4) legislative agency employees; |
|
(5) executive agency employees; |
|
(6) the immediate family of a member of the |
|
legislative or executive branch; |
|
(7) guests, when invited by an individual described by |
|
Subdivision (1), (2), (3), (4), or (5); and |
|
(8) events to which: |
|
(A) all legislators are invited; |
|
(B) a legislative committee and the staff of the |
|
legislative committee are invited; |
|
(C) all state senators and the staff of state |
|
senators are invited; |
|
(D) all state representatives and the staff of |
|
state representatives are invited; and |
|
(E) all legislative staff are invited. |
|
(d) If a registrant cannot reasonably determine the amount |
|
of an expenditure under Section 305.006(b) that is directly |
|
attributable to a member of the legislative or executive branch as |
|
required by Subsection (a), the registrant shall apportion the |
|
expenditure made by that registrant or by others on the |
|
registrant's behalf and with the registrant's consent or |
|
ratification according to the total number of persons in |
|
attendance. However, if an expenditure is for an event described |
|
by Subsection (a)(8) [to which all legislators are invited], the |
|
registrant shall report the expenditure under Subsection (a)(8) and |
|
not under any other subdivision of that subsection or any other |
|
provision of this chapter. |
|
SECTION 5.05. Section 305.0064, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) The rules adopted by the commission under Subsection (b) |
|
may not allow a registrant to file a paper registration or report if |
|
the registrant has ever used the electronic filing system under |
|
Subsection (a). |
|
SECTION 5.06. Subsection (c), Section 305.0065, Government |
|
Code, is amended to read as follows: |
|
(c) An [The] amended registration filed under Subsection |
|
(b) must be written and verified and must contain the information |
|
required in Sections 305.005(f)(3), (4), and (6) [Section 305.005]. |
|
SECTION 5.07. Section 305.027, Government Code, is amended |
|
by adding Subsection (f) to read as follows: |
|
(f) In this section, "legislative advertising" does not |
|
include material that is printed or published by a member of the |
|
legislative branch and that is only disseminated by a member of the |
|
legislature on the floor of either house of the legislature. |
|
SECTION 5.08. Subsection (g), Section 305.028, Government |
|
Code, is amended to read as follows: |
|
(g) The commission may receive inquiries [complaints] |
|
regarding a violation of this section. If the commission |
|
determines a violation of this section has occurred, the |
|
commission, after notice and hearing: |
|
(1) shall impose a civil penalty in an amount not to |
|
exceed $2,000; and |
|
(2) may rescind the person's registration and may |
|
prohibit the person from registering with the commission for a |
|
period not to exceed two years from the date of the rescission of |
|
the person's registration. |
|
SECTION 5.09. Subsections (a) and (c), Section 305.033, |
|
Government Code, are amended to read as follows: |
|
(a) The commission shall determine from any available |
|
evidence whether a registration or report required to be filed with |
|
the commission under this chapter is late. A registration filed |
|
without the fee required by Section 305.005 is considered to be |
|
late. On making a determination that a required registration or |
|
report is late, the commission shall immediately notify [mail a
|
|
notice of the determination to] the person responsible for the |
|
filing[, to the commission,] and [to] the appropriate attorney for |
|
the state of the determination. |
|
(c) If a registration or report is more than 30 days late, |
|
the commission shall issue a warning of liability [by registered
|
|
mail] to the person responsible for the filing. 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 penalty in an amount determined |
|
by commission rule, but not to exceed $10,000. |
|
SECTION 5.10. Subsection (b), Section 305.034, Government |
|
Code, is amended to read as follows: |
|
(b) Whenever the commission determines that a person has |
|
failed to file any required form, statement, or report as required |
|
by this chapter, the commission shall notify the person involved |
|
[send a written statement] of this finding [to the person involved.
|
|
Notice to the person involved must be sent by certified mail]. |
|
SECTION 5.11. The amendment by this article to Subsection |
|
(b), Section 305.0021, Government Code, is intended to clarify |
|
rather than change existing law. |
|
SECTION 5.12. Section 305.003, Government Code, as amended |
|
by this article, applies only to a registration or registration |
|
renewal required to be filed under Chapter 305, Government Code, on |
|
or after the effective date of this Act. A registration or |
|
registration renewal required to be filed under Chapter 305, |
|
Government Code, before the effective date of this Act is governed |
|
by the law in effect on the date the registration or registration |
|
renewal is due, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 5.13. Section 305.0062, Government Code, as amended |
|
by this article, applies only to a report required to be filed under |
|
Section 305.006, Government Code, on or after the effective date of |
|
this Act. A report required to be filed under Section 305.006, |
|
Government Code, before the effective date of this Act 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. |
|
ARTICLE 6. REPEALER |
|
SECTION 6.01. (a) The following provisions are repealed: |
|
(1) Subsection (j), Section 254.036, Election Code; |
|
(2) Subsections (b) and (f), Section 254.0401, |
|
Election Code; |
|
(3) Section 571.032, Government Code; |
|
(4) Section 571.1212, Government Code; |
|
(5) Subsection (c), Section 572.029, Government Code; |
|
(6) Subsections (a), (d), and (e), Section 572.030, |
|
Government Code; and |
|
(7) Subsection (c), Section 572.034, Government Code. |
|
(b) The repeal of Subsection (c), Section 572.034, |
|
Government Code, applies only to an offense committed on or after |
|
the effective date of this Act. An offense committed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the offense was committed, and the former law is continued in |
|
effect for that purpose. For purposes of this subsection, an |
|
offense was committed before the effective date of this Act if any |
|
element of the offense occurred before that date. |
|
ARTICLE 7. EFFECTIVE DATE |
|
SECTION 7.01. This Act takes effect September 1, 2013. |