Bill Text: TX HB1035 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the filing of reports of political contributions and expenditures and of personal financial statements by certain officeholders and candidates.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1035 Detail]
Download: Texas-2013-HB1035-Enrolled.html
| H.B. No. 1035 | ||
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| relating to the filing of reports of political contributions and | ||
| expenditures and of personal financial statements by certain | ||
| officeholders and candidates. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 254.036, Election Code, is amended by | ||
| adding Subsection (f) to read as follows: | ||
| (f) In prescribing the format of a report filed under this | ||
| chapter with an authority other than the commission, the commission | ||
| shall ensure that: | ||
| (1) a report may be filed: | ||
| (A) by first class United States mail or common | ||
| or contract carrier; | ||
| (B) by personal delivery; or | ||
| (C) by electronic filing, if the authority with | ||
| whom the report is required to be filed has adopted rules and | ||
| procedures to provide for the electronic filing of the report and | ||
| the report is filed in accordance with those rules and procedures; | ||
| and | ||
| (2) an authority with whom a report is electronically | ||
| filed issues an electronic receipt for the report to the person | ||
| filing the report. | ||
| SECTION 2. Section 145.004, Local Government Code, is | ||
| amended by amending Subsection (d) and adding Subsection (g) to | ||
| read as follows: | ||
| (d) Except as provided in Subsection (g), the [ |
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| timeliness of the filing is governed by Section 572.029, Government | ||
| Code. | ||
| (g) A person is considered to have timely filed a financial | ||
| statement under this chapter if: | ||
| (1) the statement is personally delivered not later | ||
| than 5 p.m. of the last day for filing the statement; or | ||
| (2) 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 electronic filing of the statement | ||
| and the statement is electronically filed in accordance with those | ||
| rules and procedures not later than midnight of the last day for | ||
| filing the statement. | ||
| SECTION 3. Section 159.004, Local Government Code, is | ||
| amended by amending Subsection (b) and adding Subsections (e) and | ||
| (f) to read as follows: | ||
| (b) Except as provided in Subsection (e), the [ |
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| timeliness of the filing is governed by Section 572.029, Government | ||
| Code. | ||
| (e) A person is considered to have timely filed a financial | ||
| statement under this subchapter if: | ||
| (1) the statement is personally delivered not later | ||
| than 5 p.m. of the last day for filing the statement; or | ||
| (2) the county clerk with whom the statement is | ||
| required to be filed has adopted rules and procedures to provide for | ||
| the electronic filing of the statement and the statement is | ||
| electronically filed in accordance with those rules and procedures | ||
| not later than midnight of the last day for filing the statement. | ||
| (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. | ||
| SECTION 4. Subchapter B, Chapter 159, Local Government | ||
| Code, is amended by adding Section 159.0341 to read as follows: | ||
| Sec. 159.0341. TIMELINESS OF FILING. (a) A person is | ||
| considered to have timely filed a report under this subchapter if: | ||
| (1) the report is filed in accordance with Section | ||
| 572.029, Government Code; | ||
| (2) the report is personally delivered not later than | ||
| 5 p.m. of the last day for filing the report; or | ||
| (3) the officer with whom the report is required to be | ||
| filed has adopted rules and procedures to provide for the | ||
| electronic filing of the report and the report is electronically | ||
| filed in accordance with those rules and procedures not later than | ||
| midnight of the last day for filing the report. | ||
| (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. | ||
| SECTION 5. Section 159.053, Local Government Code, is | ||
| amended by amending Subsection (b) and adding Subsection (c) to | ||
| read as follows: | ||
| (b) Except as provided in Subsection (c), the [ |
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| timeliness of the filing is governed by Section 572.029, Government | ||
| Code. | ||
| (c) A person is considered to have timely filed a financial | ||
| statement under this subchapter if: | ||
| (1) the statement is personally delivered not later | ||
| than 5 p.m. of the last day for filing the statement; or | ||
| (2) the county clerk with whom the statement is | ||
| required to be filed has adopted rules and procedures to provide for | ||
| the electronic filing of the statement and the statement is | ||
| electronically filed in accordance with those rules and procedures | ||
| not later than midnight of the last day for filing the statement. | ||
| SECTION 6. (a) Section 254.036, Election Code, as amended | ||
| by this Act, applies only to a report required to be filed under | ||
| Chapter 254, Election Code, that is due on or after January 1, 2014. | ||
| A report required to be filed under Chapter 254, Election Code, that | ||
| is due before January 1, 2014, is governed by the law in effect on | ||
| the date the report is due, and the former law is continued in | ||
| effect for that purpose. | ||
| (b) Section 145.004, Local Government Code, as amended by | ||
| this Act, applies only to a financial statement required to be filed | ||
| under Chapter 145, Local Government Code, that is due on or after | ||
| January 1, 2014. A financial statement required to be filed under | ||
| Chapter 145, Local Government Code, that is due before January 1, | ||
| 2014, is governed by the law in effect on the date the financial | ||
| statement is due, and the former law is continued in effect for that | ||
| purpose. | ||
| (c) The changes in law made by this Act to Chapter 159, Local | ||
| Government Code, apply only to a financial statement or report | ||
| required to be filed under that chapter that is due on or after | ||
| January 1, 2014. A financial statement or report required to be | ||
| filed under Chapter 159, Local Government Code, that is due before | ||
| January 1, 2014, is governed by the law in effect on the date the | ||
| financial statement or report is due, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 7. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1035 was passed by the House on April | ||
| 17, 2013, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1035 on May 23, 2013, by the following vote: Yeas 140, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1035 was passed by the Senate, with | ||
| amendments, on May 20, 2013, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
