Bill Text: TX HB3906 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the regulation of political funds, campaigns, and lobbying, including certain functions and procedures of the Texas Ethics Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-26 - Not again placed on intent calendar [HB3906 Detail]
Download: Texas-2021-HB3906-Comm_Sub.html
By: Goldman (Senate Sponsor - Hughes) | H.B. No. 3906 | |
(In the Senate - Received from the House May 17, 2021; | ||
May 17, 2021, read first time and referred to Committee on State | ||
Affairs; May 21, 2021, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 21, 2021, sent to printer.) | ||
|
||
|
||
relating to the regulation of political funds, campaigns, and | ||
lobbying, including certain functions and procedures of the Texas | ||
Ethics Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 254.0313, Election Code, is amended to | ||
read as follows: | ||
Sec. 254.0313. OMISSION OF ADDRESS FOR JUDGE AND SPOUSE. | ||
[ |
||
[ |
||
Administration of the Texas Judicial System of a judge's | ||
qualification for office or on receipt of a written request from a | ||
federal judge, state judge, or spouse of a federal or state judge, | ||
the commission shall remove or redact the residence address of a | ||
federal judge, a state judge, or the spouse of a federal or state | ||
judge from any report filed by the judge in the judge's capacity or | ||
made available on the Internet under this chapter. | ||
SECTION 2. Sections 254.036(a) and (b), 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 [ |
||
by the commission and typed or written in black or blue ink [ |
||
(b) Except as provided by Subsection (c) or (e), each report | ||
filed under this chapter with the commission must be filed | ||
electronically [ |
||
commission or computer software that meets commission | ||
specifications for a standard file format. | ||
SECTION 3. Section 255.001(b), Election Code, is amended to | ||
read as follows: | ||
(b) Political advertising that is authorized by a | ||
candidate[ |
||
filing reports under this title, or an agent of a candidate or | ||
political committee filing reports under this title, shall be | ||
deemed to contain express advocacy. | ||
SECTION 4. (a) Section 305.024(a), Government Code, as | ||
amended by Chapter 206 (H.B. 1508), Acts of the 79th Legislature, | ||
Regular Session, 2005, is reenacted to read as follows: | ||
(a) Except as provided by Section 305.025, a person | ||
registered under Section 305.005 or a person on the registrant's | ||
behalf and with the registrant's consent or ratification may not | ||
offer, confer, or agree to confer to a member of the legislative or | ||
executive branch: | ||
(1) a loan, including the guarantee or endorsement of | ||
a loan; | ||
(2) a gift of cash or a negotiable instrument as | ||
described by Section 3.104, Business & Commerce Code; | ||
(3) an expenditure for transportation and lodging; | ||
(4) an expenditure or series of expenditures for | ||
entertainment that in the aggregate exceed $500 in a calendar year; | ||
(5) an expenditure or series of expenditures for gifts | ||
that in the aggregate exceed $500 in a calendar year; | ||
(6) an expenditure for an award or memento that | ||
exceeds $500; or | ||
(7) an expenditure described by | ||
Section 305.006(b)(1), (2), (3), or (6) unless: | ||
(A) the registrant is present at the event; or | ||
(B) the expenditure is for a gift of food or | ||
beverages required to be reported under Section 305.006(b)(4) in | ||
accordance with Section 305.0061(e-1). | ||
(b) Section 2, Chapter 92 (S.B. 1011), Acts of the 79th | ||
Legislature, Regular Session, 2005, is repealed. | ||
SECTION 5. Section 571.1223, Government Code, is amended to | ||
read as follows: | ||
Sec. 571.1223. DISMISSAL OF COMPLAINT FOLLOWING CORRECTED | ||
OR AMENDED STATEMENT, REGISTRATION, OR REPORT. At any stage of a | ||
proceeding under this subchapter, the commission shall dismiss a | ||
complaint to the extent the complaint alleges a statement, | ||
registration, or report violates a law or rule if: | ||
(1) the respondent has filed a corrected or amended | ||
statement, registration, or report before the commission accepts | ||
jurisdiction over the complaint; [ |
||
(2) the corrected or amended statement, registration, | ||
or report remedies the alleged violation; and | ||
(3) the respondent files with the correction or | ||
amendment an affidavit stating that any error or omission in the | ||
statement, registration, or report as originally filed was made in | ||
good faith. | ||
SECTION 6. Sections 572.030(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) The commission shall notify [ |
||
required to file under this subchapter of [ |
||
(1) the requirement [ |
||
(2) [ |
||
statement as provided by Sections 572.026 and 572.027; and | ||
(3) [ |
||
access instructions for filing financial statements and | ||
electronically file the financial statement on [ |
||
Internet website[ |
||
[ |
||
[ |
||
(c) Except as provided by commission rule, the [ |
||
required by Subsection (b) must be provided [ |
||
(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) [ |
||
SECTION 7. (a) Section 572.032(a-1), Government Code, as | ||
amended by Chapter 983 (H.B. 776), Acts of the 85th Legislature, | ||
Regular Session, 2017, is reenacted to read as follows: | ||
(a-1) The commission shall remove the home address, the | ||
telephone number, and the names of the dependent children of an | ||
individual from a financial statement filed by the individual under | ||
this subchapter before: | ||
(1) permitting a member of the public to view the | ||
statement; | ||
(2) providing a copy of the statement to a member of | ||
the public; or | ||
(3) making the statement available to the public on | ||
the commission's Internet website, if the commission makes | ||
statements filed under this subchapter available on its website. | ||
(b) Section 15, Chapter 34 (S.B. 1576), Acts of the 85th | ||
Legislature, Regular Session, 2017, is repealed. | ||
SECTION 8. The following provisions of the Government Code | ||
are repealed: | ||
(1) Section 571.122(b-1), as added by Chapter 604 | ||
(H.B. 677), Acts of the 81st Legislature, Regular Session, 2009; | ||
and | ||
(2) Sections 572.030(d) and (e). | ||
SECTION 9. Section 305.024(a), Government Code, as | ||
reenacted by this Act, applies only to a loan, gift, or expenditure | ||
offered, conferred, or agreed to be conferred on or after the | ||
effective date of this Act. A loan, gift, or expenditure offered, | ||
conferred, or agreed to be conferred before the effective date of | ||
this Act is governed by the law in effect on the date the loan, gift, | ||
or expenditure was offered, conferred, or agreed to be conferred, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 10. Section 255.001(b), Election Code, as amended | ||
by this Act, applies only to political advertising that is | ||
published, distributed, or broadcast on or after the effective date | ||
of this Act. The publication, distribution, or broadcasting of | ||
political advertising before the effective date of this Act is | ||
governed by the law in effect on the date the advertising was | ||
published, distributed, or broadcast, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 11. The repeal by this Act of Section 571.122(b-1), | ||
Government Code, as added by Chapter 604 (H.B. 677), Acts of the | ||
81st Legislature, Regular Session, 2009, applies only to a | ||
complaint filed under Chapter 571, Government Code, on or after the | ||
effective date of this Act. A complaint filed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
complaint was filed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 12. This Act takes effect September 1, 2021. | ||
* * * * * |