By: Zaffirini S.B. No. 1443
(In the Senate - Filed March 10, 2011; March 22, 2011, read
first time and referred to Committee on State Affairs;
April 21, 2011, reported favorably by the following vote: Yeas 9,
Nays 0; April 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the mailing of notices, decisions, and reports by the
Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 254.042, Election Code,
is amended to read as follows:
(b) If a report other than a report under Section
254.064(c), 254.124(c), or 254.154(c) or the first report under
Section 254.063, [or] 254.123, or 254.153 that is required to be
filed following the primary or general election is determined to be
late, the person required to file the report is liable to the state
for a civil penalty of $500. If a report under Section 254.064(c),
254.124(c), or 254.154(c) or the first report under Section
254.063, 254.123, or 254.153 that is required to be filed following
the primary or general election is determined to be late, the person
required to file the report is liable to the state for a civil
penalty of $500 for the first day the report is late and $100 for
each day thereafter that the report is late. If a report is more
than 30 days late, the commission shall issue a warning of liability
by certified [registered] mail to the person required to file the
report. If the penalty is not paid before the 10th day after the
date on which the warning is received, the person is liable for a
civil penalty in an amount determined by commission rule, but not to
exceed $10,000.
SECTION 2. Section 571.032, Government Code, is amended to
read as follows:
Sec. 571.032. MAILING OF NOTICES, DECISIONS, AND REPORTS.
(a) The [Except as provided by Subsection (b), each written
notice, decision, and report required to be sent under this chapter
shall be sent by registered or certified mail, restricted delivery,
return receipt requested.
[(b) After] written notice under Section 571.123(b)
regarding the filing of a sworn complaint shall be [has been] sent
to a respondent by registered or certified mail, restricted
delivery, return receipt requested. The [person in the manner
required by Subsection (a), the] commission may send the respondent
[person] any additional notices, decisions, or reports regarding
the complaint by regular mail [unless the person has notified the
commission to send all notices regarding the complaint by
registered or certified mail, restricted delivery, return receipt
requested].
(b) Any written notice, decision, or report required to be
sent under this chapter to a complainant may be sent by regular mail
or e-mail.
(c) Any notice regarding the status of a complaint required
to be sent under Section 571.1351(c) may be sent by e-mail.
SECTION 3. This Act takes effect September 1, 2011.
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