| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to compliance with the filing requirements of certain |
|
|
reports of political contributions and expenditures and financial |
|
|
statements, including as a qualification for public elective |
|
|
office; providing an administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 141, Election Code, is |
|
|
amended by adding Section 141.005 to read as follows: |
|
|
Sec. 141.005. FAILURE TO FILE CERTAIN FINANCIAL REPORTS AND |
|
|
STATEMENTS: INELIGIBILITY AS CANDIDATE OR OFFICEHOLDER. (a) This |
|
|
section: |
|
|
(1) applies only to a report or financial statement |
|
|
that is required to be filed under: |
|
|
(A) Chapter 254 by a candidate or officeholder; |
|
|
(B) Subchapter B, Chapter 572, Government Code; |
|
|
(C) Chapter 145, Local Government Code; or |
|
|
(D) Chapter 159, Local Government Code; and |
|
|
(2) does not apply to a corrected or amended report or |
|
|
statement that is considered to be late under Section 571.0771, |
|
|
Government Code, for purposes of any applicable civil penalty for |
|
|
late filing of the report or statement. |
|
|
(b) Unless the candidate or officeholder is granted a 30-day |
|
|
extension in accordance with Subsection (e), a candidate or |
|
|
officeholder who fails to file a report or statement to which this |
|
|
section applies before the 30th day after the date the report or |
|
|
statement is due is ineligible to be a candidate for or to hold the |
|
|
public office for which the report or statement is required until |
|
|
the succeeding election for that office after the date the |
|
|
candidate or officeholder becomes ineligible under this |
|
|
subsection. |
|
|
(c) If a candidate or officeholder fails to file a report or |
|
|
statement to which this section applies by the date the report or |
|
|
statement is due, the authority with whom the report or statement is |
|
|
required to be filed may provide to the candidate or officeholder |
|
|
written notice of: |
|
|
(1) the candidate's or officeholder's failure to file |
|
|
the report or statement; and |
|
|
(2) the date by which the candidate or officeholder |
|
|
must file the report or statement before the candidate or |
|
|
officeholder becomes ineligible under Subsection (b) to be a |
|
|
candidate for or to hold the public office for which the report or |
|
|
statement is required. |
|
|
(d) Unless the candidate or officeholder who is the subject |
|
|
of the late report or statement is granted a 30-day extension in |
|
|
accordance with Subsection (e), an authority with whom a report or |
|
|
statement to which this section applies is required to be filed |
|
|
shall provide written notice of each candidate or officeholder who |
|
|
fails to file the report or statement before the 30th day after the |
|
|
date the report or statement is due to the appropriate authority |
|
|
under Section 145.003 or, if a certificate of election has been |
|
|
issued, to the appropriate authority for acting on a resignation or |
|
|
declination relating to the office for which the report or |
|
|
statement is required. The notice must be delivered not later than |
|
|
the 14th day after the date the candidate or officeholder becomes |
|
|
ineligible. On receipt of the notice, the appropriate authority |
|
|
shall declare the candidate or officeholder ineligible. |
|
|
(e) An authority with whom a report or statement to which |
|
|
this section applies is required to be filed may grant a candidate |
|
|
or officeholder a 30-day extension based on an extraordinary |
|
|
circumstance in accordance with rules the commission adopts. |
|
|
SECTION 2. Subchapter B, Chapter 254, Election Code, is |
|
|
amended by adding Section 254.04015 to read as follows: |
|
|
Sec. 254.04015. MONITORING AVAILABILITY OF CERTAIN REPORTS |
|
|
ON INTERNET; ADMINISTRATIVE PENALTY. (a) The commission shall |
|
|
develop procedures for monitoring the Internet websites of each |
|
|
political subdivision that is required to make a report available |
|
|
on the political subdivision's Internet website under Section |
|
|
254.0401(b) to ensure the political subdivision is in substantial |
|
|
compliance with that requirement. |
|
|
(b) The commission may assess an administrative penalty in |
|
|
an amount not to exceed $5,000 against a political subdivision that |
|
|
is not in substantial compliance with the requirement described by |
|
|
Subsection (a). Each day a political subdivision is not in |
|
|
substantial compliance with that requirement constitutes a |
|
|
separate violation for purposes of imposing an administrative |
|
|
penalty under this subsection. |
|
|
(c) The commission shall adopt rules as necessary to |
|
|
implement this section, including rules defining the meaning of |
|
|
substantial compliance for purposes of this section. |
|
|
SECTION 3. Subtitle C, Title 5, Local Government Code, is |
|
|
amended by adding Chapter 181 to read as follows: |
|
|
CHAPTER 181. JUDICIAL REMOVAL OF CERTAIN PUBLIC OFFICERS |
|
|
Sec. 181.001. APPLICABILITY. This chapter applies only to |
|
|
a public officer who is required to file a report or financial |
|
|
statement under: |
|
|
(1) Chapter 254, Election Code; |
|
|
(2) Subchapter B, Chapter 572, Government Code; |
|
|
(3) Chapter 145; or |
|
|
(4) Chapter 159. |
|
|
Sec. 181.002. GROUNDS FOR REMOVAL. In addition to any other |
|
|
law under which the officer may be removed, a public officer to whom |
|
|
this chapter applies may be removed from office if the officer is |
|
|
ineligible to hold the office under Section 141.005, Election Code. |
|
|
Sec. 181.003. PROCEDURES FOR REMOVAL. A public officer to |
|
|
whom this chapter applies may be removed from office under this |
|
|
chapter using the same procedures for removing a county officer |
|
|
under Subchapter B, Chapter 87. |
|
|
SECTION 4. Section 141.005, Election Code, as added by this |
|
|
Act, applies only to the eligibility of a person to be a candidate |
|
|
for an office for which an application for a place on the ballot is |
|
|
required to be filed on or after January 1, 2026. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
a report under Chapter 254, Election Code, that is required to be |
|
|
filed on or after the effective date of this Act. A report under |
|
|
that chapter that is required to be filed before the effective date |
|
|
of this Act is governed by the law in effect on the date the report |
|
|
is required to be filed, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 6. (a) Not later than December 1, 2025, the Texas |
|
|
Ethics Commission shall adopt rules as required by Section |
|
|
254.04015, Election Code, as added by this Act. |
|
|
(b) Notwithstanding Section 254.04015, Election Code, as |
|
|
added by this Act, a political subdivision is not subject to an |
|
|
administrative penalty under that section before January 1, 2026. |
|
|
SECTION 7. This Act takes effect September 1, 2025. |