Bill Text: TX HB2474 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the electronic filing of certain reports of political contributions and expenditures with the Texas Ethics Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-21 - Referred to General Investigating & Ethics [HB2474 Detail]
Download: Texas-2017-HB2474-Introduced.html
85R7054 EES-F | ||
By: Davis of Harris | H.B. No. 2474 |
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relating to the electronic filing of certain reports of political | ||
contributions and expenditures with the Texas Ethics Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 251.033(a), Election Code, is amended to | ||
read as follows: | ||
(a) The commission shall notify each person responsible for | ||
filing a report with the commission under Subchapters C through F, | ||
Chapter 254, of the deadline for filing a report, except that notice | ||
of the deadline is not required for a political committee involved | ||
in an election other than a primary election or the general election | ||
for state and county officers or for a person who is required to | ||
file a report electronically with the commission under Section | ||
254.0395. Notification under this subsection may be sent by | ||
electronic mail. | ||
SECTION 2. Sections 254.036(a), (b), (c), (h), (i), and | ||
(j), 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 [ |
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commission and written in black 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 [ |
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commission or computer software that meets commission | ||
specifications for a standard file format. | ||
(c) Except as otherwise provided by this title, a [ |
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candidate, officeholder, or political committee that is required to | ||
file reports with the commission may file reports that comply with | ||
Subsection (a) if: | ||
(1) the candidate, officeholder, or campaign | ||
treasurer of the committee files [ |
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stating that the candidate, officeholder, or committee, an agent of | ||
the candidate, officeholder, or committee, or a person with whom | ||
the candidate, officeholder, or committee contracts does not use | ||
computer equipment to keep the current records of political | ||
contributions, political expenditures, or persons making political | ||
contributions to the candidate, officeholder, or committee; and | ||
(2) the candidate, officeholder, or committee does | ||
not, in a calendar year, accept political contributions that in the | ||
aggregate exceed $20,000 or make political expenditures that in the | ||
aggregate exceed $20,000. | ||
(h) Each report filed under this chapter that is not filed | ||
electronically [ |
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affidavit executed by the person required to file the report. The | ||
affidavit must contain the statement: "I swear, or affirm, under | ||
penalty of perjury, that the accompanying report is true and | ||
correct and includes all information required to be reported by me | ||
under Title 15, Election Code." Each report filed under this | ||
chapter electronically [ |
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by the person required to file the report and must contain, in | ||
compliance with commission specifications, the digitized signature | ||
of the person required to file the report. A report filed under | ||
this chapter is considered to be under oath by the person required | ||
to file the report, and the person is subject to prosecution under | ||
Chapter 37, Penal Code, regardless of the absence of or a defect in | ||
the affidavit. | ||
(i) Each person required to file reports with the commission | ||
that comply with Subsection (b) shall file with the commission a | ||
verified form requesting a password to access the commission's | ||
electronic report filing system [ |
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(j) As part of the notification required by Section 251.033, | ||
the commission shall mail the appropriate forms to each person | ||
required to file a report with the commission during that reporting | ||
period, except that forms are not required for a person who is | ||
required to file a report with the commission under Section | ||
254.0395. | ||
SECTION 3. Subchapter B, Chapter 254, Election Code, is | ||
amended by adding Section 254.0395 to read as follows: | ||
Sec. 254.0395. CERTAIN REPORTS REQUIRED TO BE FILED WITH | ||
COMMISSION. (a) Notwithstanding any other section of this title, | ||
except as provided by Subsection (b), the following reports must be | ||
filed electronically with the commission, using computer software | ||
provided by the commission or that meets commission specifications | ||
under Section 254.036(b): | ||
(1) a report by a candidate for or officeholder of a | ||
county office, a precinct office, or a district office other than an | ||
office included in Section 252.005(1); | ||
(2) a report by the campaign treasurer of a | ||
specific-purpose committee that has a principal purpose of: | ||
(A) supporting or opposing the candidacy of or | ||
assisting an officeholder of a county office, a precinct office, or | ||
a district office other than an office included in Section | ||
252.005(1); or | ||
(B) supporting or opposing a measure to be | ||
submitted to voters of a single county in an election ordered by a | ||
county authority; and | ||
(3) a report required under Subchapter H filed by a | ||
former candidate for or former officeholder of a county office, a | ||
precinct office, or a district office other than an office included | ||
in Section 252.005(1). | ||
(b) If Section 254.036(c) applies to a person required to | ||
file a report electronically with the commission under Subsection | ||
(a), the person may file the report with the authority with whom the | ||
report is otherwise required to be filed if the report is | ||
accompanied by the affidavit described by Section 254.036(c-1). | ||
SECTION 4. Section 254.041(a), Election Code, is amended to | ||
read as follows: | ||
(a) A person who is required by this chapter to file a report | ||
commits an offense if the person knowingly fails: | ||
(1) to file the report on time; | ||
(2) to file a report electronically [ |
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person is required to file reports that comply with Section | ||
254.036(b); or | ||
(3) to include in the report information that is | ||
required by this title to be included. | ||
SECTION 5. Section 254.042, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) This section does not apply to a report required to be | ||
filed electronically with the commission under Section 254.0395. | ||
SECTION 6. Section 254.066, Election Code, is amended to | ||
read as follows: | ||
Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Except as | ||
provided by Section 254.0395, reports [ |
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subchapter shall be filed with the authority with whom the | ||
candidate's campaign treasurer appointment is required to be filed. | ||
SECTION 7. Section 254.095, Election Code, is amended to | ||
read as follows: | ||
Sec. 254.095. REPORT NOT REQUIRED. If at the end of any | ||
reporting period prescribed by this subchapter an officeholder who | ||
is required to file a report with an authority other than the | ||
commission or who is required to file a report electronically with | ||
the commission under Section 254.0395 has not accepted political | ||
contributions that in the aggregate exceed $500 or made political | ||
expenditures that in the aggregate exceed $500, the officeholder is | ||
not required to file a report covering that period. | ||
SECTION 8. Section 254.097, Election Code, is amended to | ||
read as follows: | ||
Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. Except as | ||
provided by Section 254.0395, reports [ |
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subchapter shall be filed with the authority with whom a campaign | ||
treasurer appointment by a candidate for the office held by the | ||
officeholder is required to be filed. | ||
SECTION 9. Section 254.130(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b) or Section | ||
254.0395, reports filed under this subchapter shall be filed with | ||
the authority with whom the political committee's campaign | ||
treasurer appointment is required to be filed. | ||
SECTION 10. Section 254.202(b), Election Code, is amended | ||
to read as follows: | ||
(b) Except as provided by Section 254.0395, the [ |
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shall be filed with the authority with whom the person's campaign | ||
treasurer appointment was required to be filed. | ||
SECTION 11. Section 254.205(b), Election Code, is amended | ||
to read as follows: | ||
(b) Except as provided by Section 254.0395, the [ |
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shall be filed with the authority with whom the person's campaign | ||
treasurer appointment was required to be filed. | ||
SECTION 12. Section 571.069, Government Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) This section does not apply to a report required to be | ||
filed electronically with the commission under Section 254.0395, | ||
Election Code. | ||
SECTION 13. The changes in law made by this Act apply only | ||
to a report filed with the Texas Ethics Commission on or after the | ||
effective date of this Act. A report filed before the effective | ||
date of this Act is subject to the law in effect at the time the | ||
report was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 14. This Act takes effect September 1, 2017. |