By: Zaffirini  S.B. No. 1437
         (In the Senate - Filed March 12, 2015; March 18, 2015, read
  first time and referred to Committee on State Affairs;
  April 29, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 29, 2015,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1437 By:  Zaffirini
 
 
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.
 
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