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A BILL TO BE ENTITLED
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AN ACT
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relating to compliance with the filing requirements of certain |
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reports of political contributions and expenditures, including as a |
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qualification for public elective office; providing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 141, Election Code, is |
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amended by adding Section 141.005 to read as follows: |
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Sec. 141.005. FAILURE TO FILE CERTAIN FINANCIAL REPORTS: |
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INELIGIBILITY AS CANDIDATE OR OFFICEHOLDER. (a) This section |
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applies only to a report that is required to be filed under: |
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(1) Chapter 254; |
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(2) Subchapter B, Chapter 572, Government Code; |
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(3) Chapter 145, Local Government Code; or |
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(4) Chapter 159, Local Government Code. |
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(b) A person is ineligible to be a candidate for or to hold a |
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public office if the person fails to file a report to which this |
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section applies before the 14th day after the date the report is |
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due. |
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(c) If a person fails to file a report to which this section |
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applies by the date the report is due, the authority with whom the |
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report is required to be filed may provide to the person written |
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notice of: |
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(1) the person's failure to file the report; and |
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(2) the date by which the person must file the report |
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before the person is declared ineligible as provided by Section |
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145.003 to be a candidate for or to hold a public office. |
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(d) An authority with whom a report to which this section |
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applies is required to be filed shall provide written notice of each |
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person who fails to file the report before the 14th day after the |
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date the report is due to the appropriate authority under Section |
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145.003 or, if a certificate of election has been issued, to the |
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appropriate authority for acting on a resignation or declination |
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relating to the office to which the person sought election. The |
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notice must be delivered not later than the 20th day after the date |
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the report is due. On receipt of the notice, the appropriate |
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authority shall declare the person ineligible. |
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SECTION 2. Subchapter B, Chapter 254, Election Code, is |
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amended by adding Section 254.04015 to read as follows: |
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Sec. 254.04015. MONITORING AVAILABILITY OF CERTAIN REPORTS |
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ON INTERNET; ADMINISTRATIVE PENALTY. (a) The commission shall |
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develop procedures for monitoring the Internet websites of each |
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political subdivision that is required to make a report available |
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on the political subdivision's Internet website under Section |
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254.0401(b) to ensure the political subdivision is in substantial |
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compliance with that requirement. |
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(b) The commission may assess an administrative penalty in |
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an amount not to exceed $5,000 against a political subdivision that |
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is not in substantial compliance with the requirement described by |
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Subsection (a). Each day a political subdivision is not in |
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substantial compliance with that requirement constitutes a |
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separate violation for purposes of imposing an administrative |
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penalty under this subsection. |
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(c) The commission shall adopt rules as necessary to |
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implement this section, including rules defining the meaning of |
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substantial compliance for purposes of this section. |
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SECTION 3. Subtitle C, Title 5, Local Government Code, is |
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amended by adding Chapter 181 to read as follows: |
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CHAPTER 181. JUDICIAL REMOVAL OF CERTAIN PUBLIC OFFICERS |
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Sec. 181.001. APPLICABILITY. This chapter applies only to |
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a public officer who is required to file a report under: |
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(1) Chapter 254, Election Code; |
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(2) Subchapter B, Chapter 572, Government Code; |
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(3) Chapter 145; or |
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(4) Chapter 159. |
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Sec. 181.002. GROUNDS FOR REMOVAL. In addition to any other |
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law under which the officer may be removed, a public officer to whom |
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this chapter applies may be removed from office if the officer is |
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ineligible to hold the office under Section 141.005, Election Code. |
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Sec. 181.003. PROCEDURES FOR REMOVAL. A public officer to |
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whom this chapter applies may be removed from office under this |
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chapter using the same procedures for removing a county officer |
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under Subchapter B, Chapter 87. |
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SECTION 4. Section 141.005, Election Code, as added by this |
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Act, applies only to the eligibility of a person to be a candidate |
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for an office for which an application for a place on the ballot is |
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required to be filed on or after January 1, 2026. |
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SECTION 5. The changes in law made by this Act apply only to |
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a report under Chapter 254, Election Code, that is required to be |
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filed on or after the effective date of this Act. A report under |
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that chapter that is required to be filed before the effective date |
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of this Act is governed by the law in effect on the date the report |
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is required to be filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. (a) Not later than December 1, 2025, the Texas |
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Ethics Commission shall adopt rules as required by Section |
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254.04015, Election Code, as added by this Act. |
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(b) Notwithstanding Section 254.04015, Election Code, as |
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added by this Act, a political subdivision is not subject to an |
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administrative penalty under that section before January 1, 2026. |
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SECTION 7. This Act takes effect September 1, 2025. |