Bill Text: TX SB63 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the electronic filing of reports of political contributions and expenditures and of personal financial statements by certain officeholders and candidates and the content of those statements.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB63 Detail]
Download: Texas-2017-SB63-Comm_Sub.html
85R31154 EES-F | ||
By: Zaffirini | S.B. No. 63 | |
(Davis of Harris) | ||
Substitute the following for S.B. No. 63: No. |
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relating to the electronic filing of reports of political | ||
contributions and expenditures and of personal financial | ||
statements by certain officeholders and candidates and the content | ||
of those statements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 254.036, Election Code, is amended by | ||
adding Subsection (f-1) to read as follows: | ||
(f-1) A report filed under this chapter with an authority | ||
other than the commission may be filed electronically by using | ||
computer software developed by the commission, if the authority | ||
with whom the report is required to be filed has adopted rules and | ||
procedures to provide for the filing of the report using the | ||
software. | ||
SECTION 2. Sections 571.0671(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) Computer software provided or approved by the | ||
commission for use under Section 254.036(b), Election Code, or | ||
Section 302.013, [ |
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(1) use a standardized format for the entry of names, | ||
addresses, and zip codes; | ||
(2) provide for secure and encoded transmission of | ||
data from the computer of a person filing a report to the computers | ||
used by the commission; | ||
(3) be capable of being used by a person with basic | ||
computing skills; | ||
(4) provide confirmation to a person filing a report | ||
that the report was properly received; and | ||
(5) permit a person using a computer to prepare a | ||
report or to retrieve information from a report to import | ||
information to the report from a variety of computer software | ||
applications that meet commission specifications for a standard | ||
file format or export information from the report to a variety of | ||
computer software applications that meet commission specifications | ||
for a standard file format without the need to reenter information. | ||
(b) Before determining the specifications for computer | ||
software developed, purchased, or licensed for use under Section | ||
254.036, Election Code, or Section 302.013, [ |
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572.0291, the commission shall conduct at least one public hearing | ||
to discuss the specifications. For at least 10 days following the | ||
hearing, the commission shall accept public comments concerning the | ||
software specifications. | ||
(c) The commission may provide software for use under | ||
Section 254.036(b), Election Code, or Section 302.013, [ |
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305.0064, or 572.0291 by making the software available on the | ||
Internet. If the commission makes the software available on the | ||
Internet, the commission is not required to provide the software on | ||
computer diskettes, CD-ROMs, or other storage media without charge | ||
to persons required to file reports under that section, but may | ||
charge a fee for providing the software on storage media. A fee | ||
under this subsection may not exceed the cost to the commission of | ||
providing the software. | ||
SECTION 3. Section 572.023, Government Code, is amended by | ||
adding Subsections (e) and (f) to read as follows: | ||
(e) Each financial statement filed with a filing authority | ||
other than the commission that is not filed electronically must be | ||
accompanied by an affidavit executed by the person required to file | ||
the financial statement. The affidavit must contain the statement: | ||
"I swear, or affirm, under penalty of perjury, that the | ||
accompanying financial statement is true and correct and includes | ||
all information required to be reported by me under Chapter 572 of | ||
the Government Code." A financial statement filed under this | ||
chapter is considered to be under oath by the person required to | ||
file the financial statement, and the person is subject to | ||
prosecution under Chapter 37, Penal Code, regardless of the absence | ||
of or a defect in the affidavit. | ||
(f) A person who electronically files a financial statement | ||
with the commission or another filing authority is not required to | ||
include a notarized affidavit with the financial statement if the | ||
person: | ||
(1) has requested and received an electronic filing | ||
password pursuant to the rules of the commission or other | ||
authority, as applicable; and | ||
(2) uses that password to file the financial | ||
statement. | ||
SECTION 4. Section 145.004, Local Government Code, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) A financial statement filed under this chapter may be | ||
filed electronically by using computer software developed by the | ||
Texas Ethics Commission if 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 filing of the | ||
statement using the software. | ||
SECTION 5. Section 159.004(f), Local Government Code, is | ||
amended to read as follows: | ||
(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. Those rules may allow a | ||
person to file a statement electronically by using computer | ||
software developed by the Texas Ethics Commission. | ||
SECTION 6. Section 159.0341(b), Local Government Code, is | ||
amended to read as follows: | ||
(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. Those rules may allow a person to file | ||
a report electronically by using computer software developed by the | ||
Texas Ethics Commission. | ||
SECTION 7. Section 159.053, Local Government Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) A financial statement filed under this subchapter may be | ||
filed electronically by using computer software developed by the | ||
commission if the county clerk with whom the statement is required | ||
to be filed has adopted rules and procedures to provide for the | ||
filing of the statement using the software. | ||
SECTION 8. Section 572.023, Government Code, as amended by | ||
this Act, applies only to a financial statement due on or after the | ||
effective date of this Act. A financial statement due before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the financial statement was due, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 9. This Act takes effect September 1, 2017. |