81R13031 ESH-D
By: Thompson H.B. No. 3178
A BILL TO BE ENTITLED
AN ACT
relating to ethics of holders of and candidates for public office,
public employees, and lobbyists; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.035, Election Code, is amended by
adding Subsection (j) to read as follows:
(j) "Personal use" includes the use of contributions to pay
a civil penalty imposed by the commission.
SECTION 2. Section 253.041(a), Election Code, is amended to
read as follows:
(a) A candidate or officeholder or a specific-purpose
committee for supporting, opposing, or assisting the candidate or
officeholder may not knowingly make or authorize a payment from a
political contribution if the payment is made for personal services
rendered by the candidate, [or] officeholder, or a person related
to [by the spouse or dependent child of] the candidate or
officeholder within the third degree by consanguinity or the second
degree by affinity, as determined under Subchapter B, Chapter 573,
Government Code, to:
(1) the candidate, officeholder, or a person related
to the candidate or officeholder within the third degree by
consanguinity or the second degree by affinity, as determined under
Subchapter B, Chapter 573, Government Code; or
(2) a business in which a person described by
Subdivision (1) [the candidate or officeholder] has a participating
interest of more than 10 percent, holds a position on the governing
body of the business, or serves as an officer of the business[; or
[(2) the candidate or officeholder or the spouse or
dependent child of the candidate or officeholder].
SECTION 3. Section 571.066, Government Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Not later than December 1, 2009, the commission shall
contract with the Department of Information Resources or a private
entity experienced in Internet website design for a review of the
ease of using and obtaining information from the commission's
website. Not later than June 1, 2010, the entity with which the
commission contracts under this subsection shall deliver a written
report of the results of the entity's review to the commission, the
lieutenant governor, the speaker of the house of representatives,
and the chairs of the standing committees of the senate and house
having jurisdiction over the commission. The report must include
recommendations for increasing the ease of using and obtaining
information from the commission's website. Following receipt of the
report, the commission shall redesign the commission's website to:
(1) permit expanded searches across multiple
databases maintained by the commission;
(2) increase the ease with which information from
databases maintained by the commission may be downloaded by persons
using the commission's website; and
(3) incorporate any other recommendations from the
review under this subsection that the commission determines
appropriate.
(d) Subsection (c) and this subsection expire September 1,
2011.
SECTION 4. The heading to Section 571.069, Government Code,
is amended to read as follows:
Sec. 571.069. REVIEW OF STATEMENTS AND REPORTS[; AUDITS].
SECTION 5. Sections 571.069(b) and (c), Government Code,
are amended to read as follows:
(b) The commission may by a vote of at least six commission
members initiate a preliminary review as provided by Section
571.124 in connection with [or perform a complete audit of] a
statement or report:
(1) if, before the 31st day after the date the
statement or report was originally due, the executive director does
not obtain from the person information that permits the executive
director to determine that the statement or report complies with
law;
(2) if a statement or report returned for resubmission
is not resubmitted within the time prescribed by Subsection (a); or
(3) on an affirmative vote of at least six commission
members that a statement or report resubmitted under Subsection
(a), together with any corrections or additional documentation,
does not, in the opinion of the commission, comply with the law
requiring the statement or report.
(c) Any [audited] statement, report, document, or other
material obtained in conducting a preliminary review is
confidential and may not be disclosed unless the statement, report,
document, or other material:
(1) was previously public information; or
(2) is entered into the record of a formal hearing or a
judicial proceeding.
SECTION 6. Subchapter C, Chapter 571, Government Code, is
amended by adding Section 571.0691 to read as follows:
Sec. 571.0691. AUDITS. (a) The commission by rule shall
adopt a schedule for regular auditing of statements, reports, or
other documents filed with the commission. The rules shall provide
for more frequent auditing of the categories of statements,
reports, or other documents that the commission determines are most
likely to contain inaccuracies or errors.
(b) Any audited statement, report, document, or other
material is confidential and may not be disclosed unless the
statement, report, document, or other material:
(1) was previously public information; or
(2) is entered into the record of a formal hearing or a
judicial proceeding.
(c) The party who is the subject of the audit may waive
confidentiality by sending written notice to the commission.
SECTION 7. Subchapter C, Chapter 571, Government Code, is
amended by amending Section 571.071 and adding Sections 571.0711
through 571.0714 to read as follows:
Sec. 571.071. REQUIRED ETHICS TRAINING[; GUIDELINES]. (a)
The following persons must complete the ethics training required by
this section:
(1) a member or member-elect of the legislature; and
(2) the director, executive director, commissioner,
administrator, or other individual appointed to act as the chief
executive or administrative officer of a board, commission, or
other agency in the legislative or executive branch of state
government.
(b) The commission shall[:
[(1)] provide training [by January of each
odd-numbered year] for persons required to complete ethics training
under this section [members and members-elect of the legislature]
concerning compliance with the laws administered and enforced by
the commission.
(c) A person required to complete ethics training under this
section must complete three hours of training every two years. A
person must complete the initial training not later than the 90th
day after the date the person is first elected or appointed to or
employed in a position for which ethics training is required. A
person must complete subsequent training not later than the second
anniversary of the date the person completed the most recent ethics
training under this section.
(d) Each board, commission, or other agency described by
Subsection (a) shall report to the commission, in accordance with
rules adopted by the commission, the appointment or employment of a
person required to complete ethics training under Subsection
(a)(2).
Sec. 571.0711. FAILURE TO COMPLETE REQUIRED ETHICS
TRAINING. (a) A person who does not complete the ethics training
required by Section 571.071 is not eligible to receive a salary or
wage payment until the person completes the required training.
(b) Not later than the 30th day after the date a person is
required to complete the ethics training under Section 571.071, the
commission shall certify the person's name to the comptroller if
the person did not complete the ethics training. Following receipt
of certification under this subsection, the comptroller may not
issue a warrant or make an electronic transfer representing a
salary or wage payment to the person until the commission certifies
that the person has completed the training.
(c) Not later than the 60th day before the date by which a
person is required to complete the ethics training under Section
571.071, the commission shall send a written notice to the person
that states:
(1) that the person is required by law to complete the
required amount of ethics training;
(2) the date of upcoming ethics training seminars;
(3) that the person will not be eligible to receive a
salary or wage payment if the person does not complete the required
training; and
(4) the date by which the person must complete the
ethics training.
Sec. 571.0712. ETHICS TRAINING FOR STATE EMPLOYEES. The
commission shall[; and
[(2)] provide, in cooperation with state agencies, a
program of ethics training for state employees.
Sec. 571.0713. COMPLIANCE GUIDELINES. [(b)] The commission
may disseminate, through pamphlets and seminars, explanations and
compliance guidelines concerning any law administered and enforced
by the commission.
Sec. 571.0714. SEMINARS FOR LOBBYISTS. (a) [(c)] The
commission may provide a seminar for persons required to register
under Chapter 305 that addresses issues involving lobbying,
political contributions and expenditures, and other issues as
determined by the commission.
(b) The commission may charge a fee for attending the
seminar in an amount necessary to cover the costs associated with
the seminar.
SECTION 8. Section 571.173, Government Code, is amended to
read as follows:
Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. (a)
The commission may impose a civil penalty of not more than $5,000 or
triple the amount at issue under a law administered and enforced by
the commission, whichever amount is more, for a delay in complying
with a commission order or for a violation of a law administered and
enforced by the commission.
(b) The commission shall:
(1) impose a civil penalty in an amount greater than
the usual amount of a civil penalty imposed by the commission if the
person subject to the penalty:
(A) has received training under Section 571.071,
571.0712, or 571.0714 relevant to the law the person violated; or
(B) has previously been warned by the commission
for engaging in similar conduct; and
(2) impose civil penalties in progressively greater
amounts against a person who has repeatedly violated a law
administered by the commission.
SECTION 9. Sections 571.069(d), (e), and (f), Government
Code, are repealed.
SECTION 10. Section 253.035(j), Election Code, as added by
this Act, applies to payment of a civil penalty imposed by the Texas
Ethics Commission regardless of whether the penalty is imposed
before, on, or after September 1, 2009.
SECTION 11. A person who on January 1, 2010, holds an office
or employment for which the person is required to complete ethics
training under Section 571.071, Government Code, as amended by this
Act, must complete the ethics training required by that section not
later than April 1, 2010. A person who after January 1, 2010, is
elected or appointed to an office or employed in a position for
which the person is required to complete ethics training under
Section 571.071, Government Code, as amended by this Act, must
complete the ethics training required by that section in compliance
with that section.
SECTION 12. This Act takes effect September 1, 2009.