By: Lewis (Senate Sponsor - Duncan) H.B. No. 3093
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on State
Affairs; May 17, 2011, reported favorably by the following vote:
Yeas 9, Nays 0; May 17, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the amendment of certain reports of political
contributions and expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. The change in law made by this Act to Section
254.041, Election Code, 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 4. This Act takes effect September 1, 2011.
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