Bill Text: TX HB1510 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the functions and duties of the Texas Ethics Commission.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-04-02 - Left pending in committee [HB1510 Detail]
Download: Texas-2025-HB1510-Introduced.html
| 89R11916 MZM-D | ||
| By: Shaheen | H.B. No. 1510 | |
|
|
||
|
|
||
| relating to the functions and duties of the Texas Ethics | ||
| Commission. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 254.036(b), Election Code, is amended to | ||
| read as follows: | ||
| (b) Except as provided by Subsection [ |
||
| report filed under this chapter 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 2. Section 254.038(c), Election Code, is amended to | ||
| read as follows: | ||
| (c) A report under this section shall be filed | ||
| electronically, by telephonic facsimile machine, or by hand, in the | ||
| form required by Section 254.036. The commission must receive a | ||
| report under this section filed by telephonic facsimile machine or | ||
| hand not later than 5 p.m. of the first business day after the date | ||
| the contribution is accepted. The commission must receive a report | ||
| under this section filed electronically not later than midnight of | ||
| the first business day after the date the contribution is accepted. | ||
| A report under this section is not required to be accompanied by the | ||
| affidavit required under Section 254.036(h) or to be submitted on a | ||
| form prescribed by the commission. [ |
||
| SECTION 3. Section 254.039(a-1), Election Code, is amended | ||
| to read as follows: | ||
| (a-1) A report under this section shall be filed | ||
| electronically, by telephonic facsimile machine, or by hand, in the | ||
| form required by Section 254.036. The commission must receive a | ||
| report under this section not later than 5 p.m. of the first | ||
| business day after the date the contribution is accepted or the | ||
| expenditure is made. A report under this section is not required to | ||
| be accompanied by the affidavit required under Section 254.036(h) | ||
| or to be submitted on a form prescribed by the commission. [ |
||
| SECTION 4. Sections 254.042(a) and (b), Election Code, are | ||
| amended to read as follows: | ||
| (a) The commission shall determine from any available | ||
| evidence whether a report required to be filed with the commission | ||
| under this chapter is late. On making that determination, the | ||
| commission shall immediately provide [ |
||
| the determination. | ||
| (b) If a report other than a report under Section | ||
| 254.064(c), 254.124(c), or 254.154(c) [ |
||
| the primary or general election is determined to be late, the person | ||
| required to file the report is liable to the state for a civil | ||
| penalty of $500. If a report under Section 254.064(c), 254.124(c), | ||
| or 254.154(c) [ |
||
| general election is determined to be late, the person required to | ||
| file the report is liable to the state for a civil penalty of $500 | ||
| for the first day the report is late and $100 for each day | ||
| thereafter that the report is late and continuing only through the | ||
| day of the election. If a report is more than 30 days late, the | ||
| commission shall issue a warning of liability [ |
||
| to the person required to file the report. If the penalty is not | ||
| paid before the 10th day after the date on which the warning is | ||
| received, the person is liable for a civil penalty in an amount | ||
| determined by commission rule, but not to exceed $10,000. | ||
| SECTION 5. Sections 254.157 and 254.158, Election Code, are | ||
| amended to read as follows: | ||
| Sec. 254.157. MONTHLY REPORTING SCHEDULE. (a) The | ||
| campaign treasurer of a general-purpose committee filing monthly | ||
| reports shall file a report not later than the 10th [ |
||
| the month following the period covered by the report. A report | ||
| covering the month preceding an election in which the committee is | ||
| involved must be received by the authority with whom the report is | ||
| required to be filed not later than the 10th [ |
||
| month following the period covered by the report. | ||
| (b) A monthly report covers the period beginning the first | ||
| [ |
||
| of the [ |
||
| Sec. 254.158. EXCEPTION TO MONTHLY REPORTING SCHEDULE. If | ||
| the campaign treasurer appointment of a general-purpose committee | ||
| filing monthly reports is filed after January 1 of the year in which | ||
| monthly reports are filed, the period covered by the first monthly | ||
| report begins the day the appointment is filed and continues | ||
| through the last [ |
||
| filed [ |
||
| SECTION 6. Sections 305.033(a) and (c), Government Code, | ||
| are amended to read as follows: | ||
| (a) The commission shall determine from any available | ||
| evidence whether a registration or report required to be filed with | ||
| the commission under this chapter is late. A registration filed | ||
| without the fee required by Section 305.005 is considered to be | ||
| late. On making a determination that a required registration or | ||
| report is late, the commission shall immediately provide [ |
||
| filing, [ |
||
| the state notice of the determination. | ||
| (c) If a registration or report is more than 30 days late, | ||
| the commission shall issue a warning of liability [ |
||
| not paid before the 10th day after the date on which the warning is | ||
| received, the person is liable for a penalty in an amount determined | ||
| by commission rule, but not to exceed $10,000. | ||
| SECTION 7. Section 305.034(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) If [ |
||
| has failed to file any required form, statement, or report as | ||
| required by this chapter, the commission shall provide [ |
||
| the determination [ |
||
| SECTION 8. Section 571.022, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 571.022. SUNSET PROVISION. The commission is subject | ||
| to review under Chapter 325 (Texas Sunset Act), but is not abolished | ||
| under that chapter. The commission shall be reviewed during the | ||
| periods in which state agencies abolished in 2037 [ |
||
| 12th year after that year are reviewed. | ||
| SECTION 9. Section 571.0271, Government Code, is amended by | ||
| amending Subsection (b) and adding Subsection (d) to read as | ||
| follows: | ||
| (b) The training program must provide the person with | ||
| information regarding: | ||
| (1) the law governing [ |
||
| commission operations; | ||
| (2) the programs, functions, rules, and budget of | ||
| [ |
||
| (3) the scope of and limitations on the rulemaking | ||
| authority [ |
||
| (4) [ |
||
| [ |
||
| [ |
||
| the commission; | ||
| (5) [ |
||
| (A) laws relating to [ |
||
| public information, administrative procedure, and disclosing | ||
| conflicts-of-interest [ |
||
| (B) [ |
||
| [ |
||
| [ |
||
| policy-making body in performing their duties [ |
||
| (6) [ |
||
| the commission. | ||
| (d) The executive director of the commission shall create a | ||
| training manual that includes information required by Subsection | ||
| (b). The executive director shall distribute a copy of the training | ||
| manual annually to each member of the commission. Each member of | ||
| the commission shall sign and submit to the executive director a | ||
| statement acknowledging that the member received and has reviewed | ||
| the training manual. | ||
| SECTION 10. Subchapter B, Chapter 571, Government Code, is | ||
| amended by adding Section 571.033 to read as follows: | ||
| Sec. 571.033. METHOD OF PROVIDING NOTICE. (a) The | ||
| commission by rule shall prescribe the method by which the | ||
| commission will provide a notice required by: | ||
| (1) Chapter 305; | ||
| (2) this chapter; | ||
| (3) Chapter 572; or | ||
| (4) Title 15, Election Code. | ||
| (b) The method the commission prescribes under Subsection | ||
| (a) for providing notice may include electronic mail. | ||
| SECTION 11. Section 571.064(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) If a law, other than Sections 305.005(g) and (g-1), | ||
| administered and enforced by the commission sets dollar amounts or | ||
| categories of amounts as reporting thresholds or if the commission | ||
| sets those amounts, the commission [ |
||
| adjust those thresholds [ |
||
| accordance with the percentage increase for the previous year in | ||
| the Consumer Price Index for Urban Consumers published by the | ||
| Bureau of Labor Statistics of the United States Department of Labor | ||
| to: | ||
| (1) the nearest multiple of $10 if the amount is less | ||
| than $100; | ||
| (2) the nearest multiple of $100 if the amount is $100 | ||
| or more but less than $10,000; or | ||
| (3) the nearest multiple of $1,000 if the amount is | ||
| $10,000 or more. | ||
| SECTION 12. The heading to Subchapter E, Chapter 571, | ||
| Government Code, is amended to read as follows: | ||
| SUBCHAPTER E. CATEGORIZATION OF VIOLATIONS; COMPLAINT PROCEDURES | ||
| AND HEARINGS | ||
| SECTION 13. Section 571.1211, Government Code, is amended | ||
| by amending Subdivisions (2) and (3) and adding Subdivision (4) to | ||
| read as follows: | ||
| (2) "Category One violation" means a technical, | ||
| clerical, or de minimis violation of a law within jurisdiction of | ||
| the commission [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| (3) "Category Two violation" means a violation of a | ||
| law within the jurisdiction of the commission that is not a Category | ||
| One violation or a Category Three violation. | ||
| (4) "Category Three violation" means a serious | ||
| violation of a law within the jurisdiction of the commission. | ||
| SECTION 14. Subchapter E, Chapter 571, Government Code, is | ||
| amended by adding Sections 571.1213, 571.1232, and 571.1233 to read | ||
| as follows: | ||
| Sec. 571.1213. CATEGORIZATION OF VIOLATIONS. (a) The | ||
| commission shall categorize each violation of law within the | ||
| commission's jurisdiction as a Category One violation, a Category | ||
| Two violation, or a Category Three violation. A violation of law | ||
| may by categorized as more than one category of violation. In | ||
| determining the category of a violation, the commission shall | ||
| consider, as applicable: | ||
| (1) the dollar amount at issue for a violation; | ||
| (2) the timing of the report relative to an election or | ||
| legislative session; | ||
| (3) the penalty of any criminal offense associated | ||
| with a violation; | ||
| (4) the potential a violation has to: | ||
| (A) conceal evidence of a person's influence over | ||
| a public official; or | ||
| (B) distort a public disclosure; and | ||
| (5) any other consideration the commission determines | ||
| necessary to prevent harm to the public. | ||
| (b) The commission shall publish on the commission's | ||
| Internet website the violation categorizations described by | ||
| Subsection (a). | ||
| (c) Before the commission adopts a new violation | ||
| categorization or changes an existing violation categorization | ||
| described by Subsection (a), the commission shall: | ||
| (1) publish the proposed violation categorization in | ||
| the Texas Register for a period determined by commission rule; and | ||
| (2) hold an open meeting to obtain public comment on | ||
| the proposed violation categorization. | ||
| Sec. 571.1232. POLICY ON PRIORITIZING COMPLAINTS. (a) The | ||
| commission shall adopt a written policy on prioritizing the | ||
| investigation of sworn complaints in accordance with this | ||
| subchapter based on the risk the commission determines the | ||
| violation alleged in the complaint poses to public disclosure | ||
| integrity. | ||
| (b) In adopting the policy, the commission shall ensure a | ||
| sworn complaint is prioritized based on: | ||
| (1) the category of the violation alleged in the | ||
| complaint; | ||
| (2) whether evidence exists demonstrating an intent in | ||
| connection with the violation alleged in the complaint to conceal a | ||
| person's influence over a public official or distort a public | ||
| disclosure; | ||
| (3) the compliance record of the respondent with laws | ||
| within the commission's jurisdiction based on: | ||
| (A) previous sworn complaints filed against the | ||
| respondent; | ||
| (B) repeat violations committed by the | ||
| respondent; and | ||
| (C) any reviews the commission conducted under | ||
| Section 571.069 of a statement or report filed by the respondent; | ||
| (4) negative media attention of the matter that is the | ||
| subject of the complaint; and | ||
| (5) any other risk-based factors the commission | ||
| identifies. | ||
| (c) The policy the commission adopts under this section must | ||
| include a process for the commission to reprioritize the | ||
| investigation of a sworn complaint as the commission determines | ||
| necessary. | ||
| (d) The commission shall: | ||
| (1) publish on the commission's Internet website the | ||
| policy the commission adopts under this section; and | ||
| (2) train commission staff on using the policy in | ||
| processing sworn complaints. | ||
| (e) Before the commission adopts or changes the policy | ||
| required by this section, the commission shall: | ||
| (1) publish the proposed policy in the Texas Register | ||
| for a period determined by commission rule; and | ||
| (2) hold an open meeting to obtain public comment on | ||
| the proposed policy. | ||
| Sec. 571.1233. DISCOVERY REQUIREMENTS. The commission | ||
| shall adopt rules that prescribe the procedure required of | ||
| commission staff and respondents to agree to a discovery control | ||
| plan to conduct discovery in connection with a sworn complaint. The | ||
| rules must: | ||
| (1) outline a period during which all discovery must | ||
| be completed and set appropriate limits to the amount of discovery | ||
| that may be requested; and | ||
| (2) comply with the Texas Rules of Civil Procedure, | ||
| except that the commission shall determine the level of discovery | ||
| under Rule 190, Texas Rules of Civil Procedure, appropriate for the | ||
| category of the violation alleged in a complaint and the policies | ||
| the commission adopts under Section 571.1232 on prioritizing the | ||
| investigation of complaints. | ||
| SECTION 15. Section 571.124(e), Government Code, is amended | ||
| to read as follows: | ||
| (e) If the executive director determines that the | ||
| commission has jurisdiction, the notice under Section 571.123(b) | ||
| must include: | ||
| (1) a statement that the commission has jurisdiction | ||
| over the violation of law alleged in the complaint; | ||
| (2) a statement of whether the complaint will be | ||
| processed as a Category One violation, [ |
||
| violation, or a Category Three violation [ |
||
| (3) the date by which the respondent is required to | ||
| respond to the notice; | ||
| (4) a copy of the complaint and the rules of procedure | ||
| of the commission; | ||
| (5) a statement of the rights of the respondent; | ||
| (6) a statement inviting the respondent to provide to | ||
| the commission any information relevant to the complaint; and | ||
| (7) a statement that a failure to timely respond to the | ||
| notice will be treated as a separate violation. | ||
| SECTION 16. Section 571.1244, Government Code, is amended | ||
| to read as follows: | ||
| Sec. 571.1244. PRELIMINARY REVIEW AND PRELIMINARY REVIEW | ||
| PROCEDURES. The commission shall adopt procedures for the conduct | ||
| of preliminary reviews and preliminary review hearings. The | ||
| procedures must include: | ||
| (1) a reasonable time for responding to questions | ||
| submitted by the commission and commission staff and subpoenas | ||
| issued by the commission; [ |
||
| (2) the tolling or extension of otherwise applicable | ||
| deadlines where: | ||
| (A) the commission issues a subpoena and the | ||
| commission's meeting schedule makes it impossible both to provide a | ||
| reasonable time for response and to comply with the otherwise | ||
| applicable deadlines; or | ||
| (B) the commission determines that, despite | ||
| commission staff's diligence and the reasonable cooperation of the | ||
| respondent, a matter is too complex to resolve within the otherwise | ||
| applicable deadlines without compromising either the commission | ||
| staff's investigation or the rights of the respondent; and | ||
| (3) a deadline on the convening of a panel to conduct a | ||
| preliminary review hearing. | ||
| SECTION 17. Sections 571.125(a), (b), (d), and (e), | ||
| Government Code, are amended to read as follows: | ||
| (a) A panel of two [ |
||
| accordance with Section 571.1251 shall conduct a preliminary review | ||
| hearing if: | ||
| (1) following the preliminary review, the [ |
||
| proposed by commission staff of the complaint or motion | ||
| [ |
||
| (2) the respondent in writing requests a hearing. | ||
| (b) The commission shall provide [ |
||
| complainant, if any, and the respondent written notice that | ||
| includes: | ||
| (1) [ |
||
| [ |
||
| (2) a statement that if the commission orders a formal | ||
| hearing because the complaint could not be resolved and settled as a | ||
| result of the preliminary review hearing, the formal hearing may | ||
| result in a higher sanction than the one the panel proposes for the | ||
| preliminary review hearing. | ||
| (d) During a preliminary review hearing, the panel | ||
| [ |
||
| (1) may consider all submitted evidence related to the | ||
| complaint or to the subject matter of a motion under Section | ||
| 571.124(b); | ||
| (2) may review any documents or material related to | ||
| the complaint or to the motion; and | ||
| (3) shall determine whether there is credible evidence | ||
| that provides cause for the panel [ |
||
| violation within the jurisdiction of the commission has occurred. | ||
| (e) During a preliminary review hearing, the respondent may | ||
| appear before the panel [ |
||
| counsel, if desired by the respondent, and present any relevant | ||
| evidence, including a written statement. | ||
| SECTION 18. Subchapter E, Chapter 571, Government Code, is | ||
| amended by adding Section 571.1251 to read as follows: | ||
| Sec. 571.1251. SELECTION OF PANEL TO CONDUCT PRELIMINARY | ||
| REVIEW HEARING. The commission shall adopt rules for the selection | ||
| of commission members to serve on panels to conduct preliminary | ||
| review hearings. The rules must ensure that: | ||
| (1) a panel is composed of two commission members | ||
| selected on a rotating basis; and | ||
| (2) each member of the panel is a member of a different | ||
| political party. | ||
| SECTION 19. Section 571.126, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 571.126. PRELIMINARY REVIEW HEARING: RESOLUTION. (a) | ||
| Except as provided by Subsection (e), as [ |
||
| after the completion of a preliminary review hearing, the panel | ||
| [ |
||
| (1) whether there is credible evidence for the panel | ||
| [ |
||
| of the commission has occurred and whether the violation is a | ||
| Category One violation [ |
||
| (2) that there is insufficient evidence for the panel | ||
| [ |
||
| jurisdiction of the commission has occurred. | ||
| (b) If the panel [ |
||
| credible evidence for the panel [ |
||
| violation within the commission's jurisdiction has occurred, the | ||
| panel [ |
||
| resolve and settle the complaint or motion to the extent possible. | ||
| If the panel [ |
||
| complaint or motion, not later than the fifth business day after the | ||
| date the respondent accepts the proposed resolution [ |
||
| provide [ |
||
| of the decision stating the panel's [ |
||
| and written notice of the resolution and the terms of the | ||
| resolution. If the panel [ |
||
| and settling the complaint or motion, the panel [ |
||
| (1) order a formal hearing to be held in accordance | ||
| with Sections 571.127 [ |
||
| (2) not later than the fifth business day after the | ||
| date the panel determines that there is credible evidence to | ||
| determine that a violation has occurred or the date the respondent | ||
| rejects the panel's proposed resolution [ |
||
| the complainant, if any, and the respondent: | ||
| (A) a copy of the decision; | ||
| (B) written notice of the date, time, and place | ||
| of the formal hearing; | ||
| (C) a statement of the nature of the alleged | ||
| violation; | ||
| (D) a description of the evidence of the alleged | ||
| violation; | ||
| (E) a copy of the complaint or motion; | ||
| (F) a copy of the commission's rules of | ||
| procedure; and | ||
| (G) a statement of the rights of the respondent. | ||
| (c) If the panel [ |
||
| credible evidence [ |
||
| violation within the jurisdiction of the commission has not | ||
| occurred [ |
||
| (1) the panel shall dismiss the complaint or motion; | ||
| and | ||
| (2) the commission shall not later than the fifth | ||
| business day after the date of the dismissal, send to the | ||
| complainant, if any, and the respondent a copy of the decision | ||
| stating the panel's [ |
||
| of the dismissal and the grounds for dismissal. | ||
| (d) If the panel [ |
||
| insufficient credible evidence [ |
||
| that a violation within the jurisdiction of the commission has | ||
| occurred, the panel [ |
||
| motion or promptly order [ |
||
| Sections 571.127 [ |
||
| fifth business day after the date of the panel's [ |
||
| determination under this subsection, the commission shall send to | ||
| the complainant, if any, and the respondent a copy of the decision | ||
| stating the panel's [ |
||
| of the grounds for the determination. | ||
| (e) If, because of a tie vote, the panel cannot issue a | ||
| decision under Subsection (a), the panel shall order a formal | ||
| hearing to be held under Sections 571.127 through 571.132. Not | ||
| later than the fifth business day after the date of the vote, the | ||
| commission shall notify the complainant, if any, and the respondent | ||
| of the date, time, and place of the hearing. | ||
| (f) Except as provided by other law or commission rule, if | ||
| the respondent accepts the proposed resolution under Subsection | ||
| (b), the panel shall submit the proposed resolution to the | ||
| commission for approval. | ||
| (g) A commission member that serves on a preliminary review | ||
| hearing panel is not required to be recused from a formal hearing | ||
| held under Sections 571.127 through 571.132. | ||
| SECTION 20. Subchapter E, Chapter 571, Government Code, is | ||
| amended by adding Section 571.127 to read as follows: | ||
| Sec. 571.127. FORMAL HEARING: CONDUCT. (a) The commission | ||
| may conduct a formal hearing under this subchapter or may delegate | ||
| to the State Office of Administrative Hearings the responsibility | ||
| of conducting a formal hearing under this subchapter. | ||
| (b) The commission shall adopt rules of practice regarding a | ||
| formal hearing referred to the State Office of Administrative | ||
| Hearings, including rules: | ||
| (1) on which party bears the burden of proof; | ||
| (2) on what standard of evidence is required; | ||
| (3) of evidence that may be applicable; | ||
| (4) on subpoena power; and | ||
| (5) on contempt power. | ||
| (c) Proceedings for a formal hearing conducted by the State | ||
| Office of Administrative Hearings are governed by Chapter 2001. | ||
| Notwithstanding Section 571.1233, the commission shall ensure | ||
| rules of practice the commission adopts under Section 2001.004 | ||
| applicable to the proceedings for a formal hearing do not conflict | ||
| with rules the State Office of Administrative Hearings adopts. | ||
| SECTION 21. Section 571.1731, Government Code, is amended | ||
| by adding Subsection (d) to read as follows: | ||
| (d) The commission shall waive a civil penalty imposed under | ||
| Section 305.033(b) or 572.033(b) of this code or Section | ||
| 254.042(a), Election Code, if the commission has no record of | ||
| providing the late filing notice required by those sections. | ||
| SECTION 22. Section 571.177, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 571.177. [ |
||
| SCHEDULE OF SANCTION OR PENALTIES. (a) The commission shall | ||
| consider the following factors in assessing a sanction or civil | ||
| penalty for a violation of a law within the commission's | ||
| jurisdiction: | ||
| (1) the seriousness of the violation, including the | ||
| nature, circumstances, consequences, extent, and gravity of the | ||
| violation; | ||
| (2) the history and extent of previous violations; | ||
| (3) the demonstrated good faith of the violator, | ||
| including actions taken to rectify the consequences of the | ||
| violation; | ||
| (4) the penalty necessary to deter future violations; | ||
| and | ||
| (5) any other matters that justice may require. | ||
| (b) The commission may assess graduated penalties against a | ||
| person who repeatedly files late statements or reports in violation | ||
| of: | ||
| (1) Chapter 305; | ||
| (2) this chapter; | ||
| (3) Chapter 572; or | ||
| (4) Title 15, Election Code. | ||
| (c) The commission shall establish and publish on the | ||
| commission's Internet website a penalty schedule that outlines the | ||
| full range and scope of penalties the commission may assess under a | ||
| law within the commission's jurisdiction. The commission shall | ||
| ensure the penalty schedule: | ||
| (1) includes the specific statutes or commission rules | ||
| under which the commission may assess a penalty; and | ||
| (2) takes into consideration aggravating and | ||
| mitigating factors related to the assessment of a penalty, | ||
| including the severity of a violation and graduated penalties for | ||
| repeat violations. | ||
| SECTION 23. The heading to Section 572.030, Government | ||
| Code, is amended to read as follows: | ||
| Sec. 572.030. PREPARATION [ |
||
| FILING REQUIREMENTS. | ||
| SECTION 24. Sections 572.030(b), (c), and (d), Government | ||
| Code, are amended to read as follows: | ||
| (b) The commission shall mail to each individual required to | ||
| file under this subchapter a notice that: | ||
| (1) 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; | ||
| (3) describes the manner in which the individual may | ||
| obtain the financial statement forms and instructions from the | ||
| commission's Internet website; | ||
| (4) states that on request of the individual, the | ||
| commission will provide [ |
||
| 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) The commission shall provide the notice required by | ||
| Subsection (b) [ |
||
| (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) [ |
||
| (d) The commission shall provide [ |
||
| financial statement forms and instructions to an individual on | ||
| request of the individual not later than the third business day | ||
| after the date the commission receives the individual's request for | ||
| the forms and instructions. | ||
| SECTION 25. Sections 572.033(a) and (b), Government Code, | ||
| are amended to read as follows: | ||
| (a) The commission shall determine from any available | ||
| evidence whether a statement required to be filed under this | ||
| subchapter is late. On making a determination that the statement is | ||
| late, the commission shall immediately provide [ |
||
| statement and [ |
||
| the determination. | ||
| (b) If a statement is determined to be late, the individual | ||
| responsible for filing the statement is liable to the state for a | ||
| civil penalty of $500. If a statement is more than 30 days late, the | ||
| commission shall issue a warning of liability [ |
||
| to the individual responsible for the filing. If the penalty is not | ||
| paid before the 10th day after the date on which the warning is | ||
| received, the individual is liable for a civil penalty in an amount | ||
| determined by commission rule, but not to exceed $10,000. | ||
| SECTION 26. The following provisions are repealed: | ||
| (1) Sections 254.036(c), (c-1), and (g), Election | ||
| Code; | ||
| (2) Section 571.032, Government Code; and | ||
| (3) Section 571.1212, Government Code. | ||
| SECTION 27. Section 254.042, Election Code, as amended by | ||
| this Act, applies only to a report that is required to be filed | ||
| under Chapter 254, Election Code, 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 was required to be filed, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 28. (a) Except as provided by Subsection (b) of | ||
| this section, Section 571.0271, Government Code, as amended by this | ||
| Act, applies to a member of the Texas Ethics Commission appointed | ||
| before, on, or after the effective date of this Act. | ||
| (b) A member of the Texas Ethics Commission who, before the | ||
| effective date of this Act, completed the training program required | ||
| by Section 571.0271, Government Code, as that law existed before | ||
| the effective date of this Act, is only required to complete | ||
| additional training on the subjects added by this Act to the | ||
| training program required by Section 571.0271, Government Code. A | ||
| member described by this subsection may not vote, deliberate, or be | ||
| counted as a member in attendance at a meeting of the Texas Ethics | ||
| Commission held on or after December 1, 2025, until the member | ||
| completes the additional training. | ||
| SECTION 29. This Act takes effect September 1, 2025. | ||
