H.B. No. 1616
AN ACT
relating to the reporting of political contributions, political
expenditures, and personal financial information, and to
complaints filed with the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.031(a), Election Code, is amended to
read as follows:
(a) Except as otherwise provided by this chapter, each
report filed under this chapter must include:
(1) the amount of political contributions from each
person that in the aggregate exceed $50 and that are accepted during
the reporting period by the person or committee required to file a
report under this chapter, the full name and address of the person
making the contributions, and the dates of the contributions;
(2) the amount of loans that are made during the
reporting period for campaign or officeholder purposes to the
person or committee required to file the report and that in the
aggregate exceed $50, the dates the loans are made, the interest
rate, the maturity date, the type of collateral for the loans, if
any, the full name and address of the person or financial
institution making the loans, the full name and address, principal
occupation, and name of the employer of each guarantor of the loans,
the amount of the loans guaranteed by each guarantor, and the
aggregate principal amount of all outstanding loans as of the last
day of the reporting period;
(3) the amount of political expenditures that in the
aggregate exceed $100 [$50] and that are made during the reporting
period, the full name and address of the persons to whom the
expenditures are made, and the dates and purposes of the
expenditures;
(4) the amount of each payment made during the
reporting period from a political contribution if the payment is
not a political expenditure, the full name and address of the person
to whom the payment is made, and the date and purpose of the
payment;
(5) the total amount or a specific listing of the
political contributions of $50 or less accepted and the total
amount or a specific listing of the political expenditures of $100
[$50] or less made during the reporting period;
(6) the total amount of all political contributions
accepted and the total amount of all political expenditures made
during the reporting period;
(7) the name of each candidate or officeholder who
benefits from a direct campaign expenditure made during the
reporting period by the person or committee required to file the
report, and the office sought or held, excluding a direct campaign
expenditure that is made by the principal political committee of a
political party on behalf of a slate of two or more nominees of that
party; [and]
(8) as of the last day of a reporting period for which
the person is required to file a report, the total amount of
political contributions accepted, including interest or other
income on those contributions, maintained in one or more accounts
in which political contributions are deposited as of the last day of
the reporting period;
(9) any credit, interest, rebate, refund,
reimbursement, or return of a deposit fee resulting from the use of
a political contribution or an asset purchased with a political
contribution received during the reporting period and the amount of
which exceeds $100;
(10) any proceeds of the sale of an asset purchased
with a political contribution received during the reporting period
and the amount of which exceeds $100;
(11) any investment purchased with a political
contribution received during the reporting period and the amount of
which exceeds $100;
(12) any other gain from a political contribution
received during the reporting period and the amount of which
exceeds $100; and
(13) the full name and address of each person from whom
an amount described by Subdivision (9), (10), (11), or (12) is
received, the date the amount is received, and the purpose for which
the amount is received.
SECTION 2. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.0405 to read as follows:
Sec. 254.0405. AMENDMENT OF FILED REPORT. (a) A person who
files a semiannual report under this chapter may amend the report.
(b) A semiannual report that is amended before the eighth
day after the date the original report was filed is considered to
have been filed on the date on which the original report was filed.
(c) A semiannual report that is amended on or after the
eighth day after the original report was filed is considered to have
been filed on the date on which the original report was filed if:
(1) the amendment is made before any complaint is
filed with regard to the subject of the amendment; and
(2) the original report was made in good faith and
without an intent to mislead or to misrepresent the information
contained in the report.
SECTION 3. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.0406 to read as follows:
Sec. 254.0406. CORRECTION OF FILED REPORT. A person who
files a report under this chapter may correct the report if:
(1) the correction is made not later than the 14th
business day after the person receives written notice of a
complaint filed with the commission with regard to the report; and
(2) the original report was made in good faith and
without an intent to mislead or to misrepresent the information
contained in the report.
SECTION 4. Section 254.041, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) It is an exception to the application of Subsection
(a)(3) that:
(1) the information was required to be included in a
semiannual report; and
(2) the person amended the report within the time
prescribed by Section 254.0405(b) or under the circumstances
described by Section 254.0405(c).
SECTION 5. Section 571.122, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) It is not a valid basis of a complaint to allege that a
report required under Chapter 254, Election Code, contains the
improper name or address of a person from whom a political
contribution was received if the name or address in the report is
the same as the name or address that appears on the check for the
political contribution.
SECTION 6. Subchapter E, Chapter 571, Government Code, is
amended by adding Section 571.1222 to read as follows:
Sec. 571.1222. DISMISSAL OF COMPLAINT CHALLENGING CERTAIN
INFORMATION IN POLITICAL REPORT. At any stage of a proceeding under
this subchapter, the commission shall dismiss a complaint to the
extent the complaint alleges that a report required under Chapter
254, Election Code, contains the improper name or address of a
person from whom a political contribution was received if the name
or address in the report is the same as the name or address that
appears on the check for the political contribution.
SECTION 7. Subchapter E, Chapter 571, Government Code, is
amended by adding Section 571.1223 to read as follows:
Sec. 571.1223. DISMISSAL OF COMPLAINT AFTER CORRECTION OF
POLITICAL REPORT. If, not later than the 14th business day after a
person receives written notice of a complaint alleging that the
person failed to properly file a report required under Chapter 254,
Election Code, the person corrects the report that is the basis of
the complaint, the commission shall dismiss the complaint, provided
that the original report was made in good faith and without an
intent to mislead or to misrepresent the information contained in
the report.
SECTION 8. 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) if the respondent is a candidate or officeholder,
state the procedure by which the respondent may designate an agent
with whom commission staff may discuss the complaint; [and]
(3) [(2)] if applicable, include the information
required by Section 571.124(e); and
(4) if applicable, state that the respondent has 14
business days to correct the report that is the basis of the
complaint, as provided by Section 254.0406, Election Code.
SECTION 9. Subchapter E, Chapter 571, Government Code, is
amended by adding Section 571.1231 to read as follows:
Sec. 571.1231. DESIGNATION OF AGENT BY CERTAIN RESPONDENTS.
(a) This section applies only to a respondent who is a candidate or
officeholder.
(b) 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.
(c) 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.
SECTION 10. Section 571.124, Government Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) Except as provided by Subsection (g), the [The]
commission staff shall promptly conduct a preliminary review on
receipt of a written complaint that is in compliance with the form
requirements of Section 571.122.
(g) The commission may not conduct a preliminary review of a
complaint alleging that a person failed to properly file a report
required under Chapter 254, Election Code, until the period for
correcting the report has expired as provided by Section 254.0406,
Election Code.
SECTION 11. Section 159.003(b), Local Government Code, is
amended to read as follows:
(b) The statement must:
(1) be filed with the county clerk of the county in
which the officer, justice, or candidate resides; and
(2) comply with Sections 572.022 and 572.023,
Government Code, and with any order of the commissioners court of
the county requiring additional disclosures.
SECTION 12. Section 254.031(a), Election Code, as amended
by this Act, applies only to a report under Chapter 254, Election
Code, that is required to be filed on or after the effective date of
this Act. A report under Chapter 254, Election Code, that is
required to be filed before the effective date of this Act is
governed by the law in effect on the date the report is required to
be filed, and the former law is continued in effect for that
purpose.
SECTION 13. Section 254.041, Election Code, as amended by
this Act, applies only to an offense committed on or after the
effective date of this Act. For purposes of this section, an
offense is committed before the effective date of this Act if any
element of the offense occurs before the effective date. An offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 14. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1616 was passed by the House on May 5,
2011, by the following vote: Yeas 141, Nays 3, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1616 on May 28, 2011, by the following vote: Yeas 144, Nays 4,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1616 was passed by the Senate, with
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor