| 1 | 1 | | By: Lewis (Senate Sponsor - Duncan) H.B. No. 3093 |
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| 2 | 2 | | (In the Senate - Received from the House May 4, 2011; |
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| 3 | 3 | | May 5, 2011, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 17, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 9, Nays 0; May 17, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the amendment of certain reports of political |
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| 11 | 11 | | contributions and expenditures. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 254, Election Code, is |
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| 14 | 14 | | amended by adding Section 254.0405 to read as follows: |
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| 15 | 15 | | Sec. 254.0405. AMENDMENT OF FILED REPORT. (a) A person |
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| 16 | 16 | | who files a semiannual report under this chapter may amend the |
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| 17 | 17 | | report. |
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| 18 | 18 | | (b) A semiannual report that is amended before the eighth |
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| 19 | 19 | | day after the date the original report was filed is considered to |
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| 20 | 20 | | have been filed on the date on which the original report was filed. |
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| 21 | 21 | | (c) A semiannual report that is amended on or after the |
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| 22 | 22 | | eighth day after the original report was filed is considered to have |
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| 23 | 23 | | been filed on the date on which the original report was filed if: |
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| 24 | 24 | | (1) the amendment is made before any complaint is |
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| 25 | 25 | | filed with regard to the subject of the amendment; and |
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| 26 | 26 | | (2) the original report was made in good faith and |
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| 27 | 27 | | without an intent to mislead or to misrepresent the information |
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| 28 | 28 | | contained in the report. |
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| 29 | 29 | | SECTION 2. Section 254.041, Election Code, is amended by |
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| 30 | 30 | | adding Subsection (d) to read as follows: |
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| 31 | 31 | | (d) It is an exception to the application of Subsection |
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| 32 | 32 | | (a)(3) that: |
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| 33 | 33 | | (1) the information was required to be included in a |
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| 34 | 34 | | semiannual report; and |
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| 35 | 35 | | (2) the person amended the report within the time |
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| 36 | 36 | | prescribed by Section 254.0405(b) or under the circumstances |
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| 37 | 37 | | described by Section 254.0405(c). |
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| 38 | 38 | | SECTION 3. The change in law made by this Act to Section |
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| 39 | 39 | | 254.041, Election Code, applies only to an offense committed on or |
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| 40 | 40 | | after the effective date of this Act. For purposes of this section, |
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| 41 | 41 | | an offense is committed before the effective date of this Act if any |
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| 42 | 42 | | element of the offense occurs before the effective date. An offense |
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| 43 | 43 | | committed before the effective date of this Act is covered by the |
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| 44 | 44 | | law in effect when the offense was committed, and the former law is |
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| 45 | 45 | | continued in effect for that purpose. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 47 | 47 | | * * * * * |
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