87R12298 TJB-D
 
  By: Goldman H.B. No. 3906
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of political funds, campaigns, and
  lobbying, including certain functions and procedures of the Texas
  Ethics Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 254.0313, Election Code, is amended to
  read as follows:
         Sec. 254.0313.  OMISSION OF ADDRESS FOR JUDGE AND SPOUSE.
  [(a)  In this section, "federal judge" and "state judge" have the
  meanings assigned by Section 13.0021.
         [(b)]  On receiving notice from the Office of Court
  Administration of the Texas Judicial System of a judge's
  qualification for office or on receipt of a written request from a
  federal judge, state judge, or spouse of a federal or state judge,
  the commission shall remove or redact the residence address of a
  federal judge, a state judge, or the spouse of a federal or state
  judge from any report filed by the judge in the judge's capacity or
  made available on the Internet under this chapter.
         SECTION 2.  Sections 254.036(a) and (b), Election Code, are
  amended to read as follows:
         (a)  Each report filed under this chapter with an authority
  other than the commission must be in a format prescribed by the
  commission.  A report filed with the commission that is not
  required to be filed electronically [by computer diskette, modem,
  or other means of electronic transfer] must be on a form prescribed
  by the commission and typed or written in black or blue ink [or
  typed with black typewriter ribbon or, if the report is a computer
  printout, the printout must conform to the same format and paper
  size as the form prescribed by the commission].
         (b)  Except as provided by Subsection (c) or (e), each report
  filed under this chapter with the commission must be filed
  electronically [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.  Section 255.001(b), Election Code, is amended to
  read as follows:
         (b)  Political advertising that is authorized by a
  candidate[, an agent of a candidate,] or a political committee
  filing reports under this title, or an agent of a candidate or
  political committee filing reports under this title, shall be
  deemed to contain express advocacy.
         SECTION 4.  (a) Section 305.024(a), Government Code, as
  amended by Chapter 206 (H.B. 1508), Acts of the 79th Legislature,
  Regular Session, 2005, is reenacted to read as follows:
         (a)  Except as provided by Section 305.025, a person
  registered under Section 305.005 or a person on the registrant's
  behalf and with the registrant's consent or ratification may not
  offer, confer, or agree to confer to a member of the legislative or
  executive branch:
               (1)  a loan, including the guarantee or endorsement of
  a loan;
               (2)  a gift of cash or a negotiable instrument as
  described by Section 3.104, Business & Commerce Code;
               (3)  an expenditure for transportation and lodging;
               (4)  an expenditure or series of expenditures for
  entertainment that in the aggregate exceed $500 in a calendar year;
               (5)  an expenditure or series of expenditures for gifts
  that in the aggregate exceed $500 in a calendar year;
               (6)  an expenditure for an award or memento that
  exceeds $500; or
               (7)  an expenditure described by
  Section 305.006(b)(1), (2), (3), or (6) unless:
                     (A)  the registrant is present at the event; or
                     (B)  the expenditure is for a gift of food or
  beverages required to be reported under Section 305.006(b)(4) in
  accordance with Section 305.0061(e-1).
         (b)  Section 2, Chapter 92 (S.B. 1011), Acts of the 79th
  Legislature, Regular Session, 2005, is repealed.
         SECTION 5.  Section 571.1223, Government Code, is amended to
  read as follows:
         Sec. 571.1223.  DISMISSAL OF COMPLAINT FOLLOWING CORRECTED
  OR AMENDED STATEMENT, REGISTRATION, OR REPORT.  At any stage of a
  proceeding under this subchapter, the commission shall dismiss a
  complaint to the extent the complaint alleges a statement,
  registration, or report violates a law or rule if:
               (1)  the respondent has filed a corrected or amended
  statement, registration, or report before the commission accepts
  jurisdiction over the complaint; [and]
               (2)  the corrected or amended statement, registration,
  or report remedies the alleged violation; and
               (3)  the respondent files with the correction or
  amendment an affidavit stating that any error or omission in the
  statement, registration, or report as originally filed was made in
  good faith.
         SECTION 6.  Sections 572.030(b) and (c), 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
  access instructions for filing financial statements and
  electronically file the financial statement 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)  Except as provided by commission rule, the [The] 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 7.  (a) Section 572.032(a-1), Government Code, as
  amended by Chapter 983 (H.B. 776), Acts of the 85th Legislature,
  Regular Session, 2017, is reenacted to read as follows:
         (a-1)  The commission shall remove the home address, the
  telephone number, and the names of the dependent children 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;
               (2)  providing a copy of the statement to a member of
  the public; or
               (3)  making the statement available to the public on
  the commission's Internet website, if the commission makes
  statements filed under this subchapter available on its website.
         (b)  Section 15, Chapter 34 (S.B. 1576), Acts of the 85th
  Legislature, Regular Session, 2017, is repealed.
         SECTION 8.  The following provisions of the Government Code
  are repealed:
               (1)  Section 571.122(b-1), as added by Chapter 604
  (H.B. 677), Acts of the 81st Legislature, Regular Session, 2009;
  and
               (2)  Sections 572.030(d) and (e).
         SECTION 9.  Section 305.024(a), Government Code, as
  reenacted by this Act, applies only to a loan, gift, or expenditure
  offered, conferred, or agreed to be conferred on or after the
  effective date of this Act. A loan, gift, or expenditure offered,
  conferred, or agreed to be conferred before the effective date of
  this Act is governed by the law in effect on the date the loan, gift,
  or expenditure was offered, conferred, or agreed to be conferred,
  and the former law is continued in effect for that purpose.
         SECTION 10.  Section 255.001(b), Election Code, as amended
  by this Act, applies only to political advertising that is
  published, distributed, or broadcast on or after the effective date
  of this Act. The publication, distribution, or broadcasting of
  political advertising before the effective date of this Act is
  governed by the law in effect on the date the advertising was
  published, distributed, or broadcast, and the former law is
  continued in effect for that purpose.
         SECTION 11.  The repeal by this Act of Section 571.122(b-1),
  Government Code, as added by Chapter 604 (H.B. 677), Acts of the
  81st Legislature, Regular Session, 2009, applies only to a
  complaint filed under Chapter 571, Government Code, on or after the
  effective date of this Act. A complaint filed before the effective
  date of this Act is governed by the law in effect on the date the
  complaint was filed, and the former law is continued in effect for
  that purpose.
         SECTION 12.  This Act takes effect September 1, 2021.