82R4847 ATP-D
By: Gallego H.B. No. 1081
A BILL TO BE ENTITLED
AN ACT
relating to reports and complaints filed with 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 (c), (e), or (f), each
report filed under this chapter with the commission must be filed:
(1) 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; or
(2) using a secure Internet website maintained by the
commission that meets the requirements of Section 571.0671,
Government Code.
SECTION 2. Section 302.013(d), Government Code, is amended
to read as follows:
(d) Each speaker candidate shall file the statement:
(1) by computer diskette, modem, or other means of
electronic transfer, using computer software provided by the Texas
Ethics Commission or computer software that meets commission
specifications for a standard file format; or
(2) using a secure Internet website maintained by the
Texas Ethics Commission that meets the requirements of Section
571.0671.
SECTION 3. Section 305.0064(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), each registration
filed under Section 305.005 and each report filed under Section
305.006 must be filed:
(1) 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; or
(2) using a secure Internet website maintained by the
commission that meets the requirements of Section 571.0671.
SECTION 4. The heading to Section 571.0671, Government
Code, is amended to read as follows:
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE
OR INTERNET WEBSITE.
SECTION 5. Section 571.0671, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) Computer software provided or approved by the
commission or the secure Internet website for use under Section
254.036(b), Election Code, or Section 302.013 or 305.0064 must:
(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.
(c) The commission may provide software for use under
Section 254.036(b), Election Code, or Section 302.013 or 305.0064
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.
Provision of software on the Internet under this subsection does
not affect the duty of the commission to maintain a secure Internet
website through which a person may electronically file reports
without acquiring the software described by this section.
(d) The commission shall maintain a secure Internet website
through which a person may directly electronically file reports
with the commission under Section 254.036(b), Election Code, or
Section 302.013 or 305.0064 without acquiring the software
described by this section. The website shall, in addition to
meeting the requirements of Subsection (a), provide adequate
controls to ensure that only the person required to file the report,
or another person authorized by the person required to file the
report, may enter or alter information or submit the report to the
commission.
SECTION 6. Subchapter C, Chapter 571, Government Code, is
amended by adding Sections 571.080 and 571.081 to read as follows:
Sec. 571.080. ASSISTANCE FOR FILER. The commission must
provide a service that enables a person required to file a report
with the commission to speak to or communicate electronically in
real time with commission staff to assist the person in preparing
and filing the report. This service must be continuously available
beginning 24 hours before the time and date of a deadline for filing
a report with the commission and ending on the deadline for filing
the report.
Sec. 571.081. AVAILABILITY OF DIRECT TELEPHONE NUMBER OF
COMMISSION STAFF TO FILER. An employee of the commission shall on
request provide the employee's direct telephone number to a person
required to file a report with the commission.
SECTION 7. Section 571.123(b), Government Code, is amended
to read as follows:
(b) After a complaint is filed, the commission shall
immediately attempt to contact and notify the respondent of the
complaint by telephone or electronic mail. Not later than the
fifth business day after the date a complaint is filed, the
commission shall send written notice to the complainant and the
respondent. The written notice to the complainant and the
respondent must:
(1) state whether the complaint complies with the form
requirements of Section 571.122;
(2) state the procedure by which the respondent may
designate an agent with whom commission staff may discuss the
complaint;
(3) state that the respondent may request the direct
telephone number of the commission staff member who will perform
the processing of the complaint against the respondent; and
(4) [(2)] if applicable, include the information
required by Section 571.124(e).
SECTION 8. Subchapter E, Chapter 571, Government Code, is
amended by adding Sections 571.1231 and 571.1232 to read as
follows:
Sec. 571.1231. DESIGNATION OF AGENT BY RESPONDENT. (a) A
respondent to a complaint filed against the respondent may by
writing submitted to the commission designate an agent with whom
the commission staff may communicate regarding the complaint.
(b) For purposes of this subchapter, including Section
571.140, communications with the respondent's agent designated
under this section are considered communications with the
respondent.
Sec. 571.1232. PROVISION OF TELEPHONE NUMBER TO RESPONDENT.
On request, the commission shall provide to a respondent the direct
telephone number of the commission staff member who will perform
the processing of the complaint against the respondent.
SECTION 9. As soon as practicable after the effective date
of this Act, the Texas Ethics Commission shall establish the secure
Internet website on which a report may be filed as provided by the
changes in law made by this Act.
SECTION 10. This Act takes effect September 1, 2011.