| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the electronic filing of reports of political |
|
|
contributions and expenditures and of personal financial |
|
|
statements by certain officeholders and candidates and the content |
|
|
of those statements; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 254.036, Election Code, is amended by |
|
|
adding Subsection (f-1) to read as follows: |
|
|
(f-1) A report filed under this chapter with an authority |
|
|
other than the commission may be filed electronically by using |
|
|
computer software developed by the commission, if the authority |
|
|
with whom the report is required to be filed has adopted rules and |
|
|
procedures to provide for the filing of the report using the |
|
|
software. |
|
|
SECTION 2. 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. Section 572.023, Government Code, is amended by |
|
|
adding Subsections (f) and (g) to read as follows: |
|
|
(f) Each financial statement filed with a filing authority |
|
|
other than the commission that is not filed electronically must be |
|
|
accompanied by an affidavit executed by the person required to file |
|
|
the financial statement. The affidavit must contain the statement: |
|
|
"I swear, or affirm, under penalty of perjury, that the |
|
|
accompanying financial statement is true and correct and includes |
|
|
all information required to be reported by me under Chapter 572 of |
|
|
the Government Code." A financial statement filed under this |
|
|
chapter is considered to be under oath by the person required to |
|
|
file the financial statement, and the person is subject to |
|
|
prosecution under Chapter 37, Penal Code, regardless of the absence |
|
|
of or a defect in the affidavit. |
|
|
(g) A person who electronically files a financial statement |
|
|
with the commission or another filing authority is not required to |
|
|
include a notarized affidavit with the financial statement if the |
|
|
person: |
|
|
(1) has requested and received an electronic filing |
|
|
password pursuant to the rules of the commission or other |
|
|
authority, as applicable; and |
|
|
(2) uses that password to file the financial |
|
|
statement. |
|
|
SECTION 4. 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 5. Section 145.004, Local Government Code, is |
|
|
amended by adding Subsection (h) to read as follows: |
|
|
(h) A financial statement filed under this chapter may be |
|
|
filed electronically by using computer software developed by the |
|
|
Texas Ethics Commission if 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 filing of the |
|
|
statement using the software. |
|
|
SECTION 6. Section 159.004(f), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(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. Those rules may allow a |
|
|
person to file a statement electronically by using computer |
|
|
software developed by the Texas Ethics Commission. |
|
|
SECTION 7. Section 159.0341(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(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. Those rules may allow a person to file |
|
|
a report electronically by using computer software developed by the |
|
|
Texas Ethics Commission. |
|
|
SECTION 8. Section 159.053, Local Government Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) A financial statement filed under this subchapter may be |
|
|
filed electronically by using computer software developed by the |
|
|
commission if the county clerk with whom the statement is required |
|
|
to be filed has adopted rules and procedures to provide for the |
|
|
filing of the statement using the software. |
|
|
SECTION 9. Section 572.023, Government Code, as amended by |
|
|
this Act, applies only to a financial statement due on or after the |
|
|
effective date of this Act. A financial statement due before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the financial statement was due, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 10. This Act takes effect September 1, 2015. |
|
|
|
|
|
* * * * * |