| 1 | 1 | | By: Zaffirini S.B. No. 1443 |
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| 2 | 2 | | (Naishtat) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the mailing of notices, decisions, and reports by the |
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| 8 | 8 | | Texas Ethics Commission. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsection (b), Section 254.042, Election Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (b) If a report other than a report under Section |
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| 13 | 13 | | 254.064(c), 254.124(c), or 254.154(c) or the first report under |
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| 14 | 14 | | Section 254.063, [or] 254.123, or 254.153 that is required to be |
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| 15 | 15 | | filed following the primary or general election is determined to be |
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| 16 | 16 | | late, the person required to file the report is liable to the state |
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| 17 | 17 | | for a civil penalty of $500. If a report under Section 254.064(c), |
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| 18 | 18 | | 254.124(c), or 254.154(c) or the first report under Section |
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| 19 | 19 | | 254.063, 254.123, or 254.153 that is required to be filed following |
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| 20 | 20 | | the primary or general election is determined to be late, the person |
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| 21 | 21 | | required to file the report is liable to the state for a civil |
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| 22 | 22 | | penalty of $500 for the first day the report is late and $100 for |
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| 23 | 23 | | each day thereafter that the report is late. If a report is more |
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| 24 | 24 | | than 30 days late, the commission shall issue a warning of liability |
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| 25 | 25 | | by certified [registered] mail to the person required to file the |
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| 26 | 26 | | report. If the penalty is not paid before the 10th day after the |
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| 27 | 27 | | date on which the warning is received, the person is liable for a |
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| 28 | 28 | | civil penalty in an amount determined by commission rule, but not to |
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| 29 | 29 | | exceed $10,000. |
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| 30 | 30 | | SECTION 2. Section 571.032, Government Code, is amended to |
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| 31 | 31 | | read as follows: |
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| 32 | 32 | | Sec. 571.032. MAILING OF NOTICES, DECISIONS, AND REPORTS. |
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| 33 | 33 | | (a) The [Except as provided by Subsection (b), each written |
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| 34 | 34 | | notice, decision, and report required to be sent under this chapter |
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| 35 | 35 | | shall be sent by registered or certified mail, restricted delivery, |
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| 36 | 36 | | return receipt requested. |
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| 37 | 37 | | [(b) After] written notice under Section 571.123(b) |
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| 38 | 38 | | regarding the filing of a sworn complaint shall be [has been] sent |
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| 39 | 39 | | to a respondent by registered or certified mail, restricted |
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| 40 | 40 | | delivery, return receipt requested. The [person in the manner |
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| 41 | 41 | | required by Subsection (a), the] commission may send the respondent |
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| 42 | 42 | | [person] any additional notices, decisions, or reports regarding |
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| 43 | 43 | | the complaint by regular mail [unless the person has notified the |
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| 44 | 44 | | commission to send all notices regarding the complaint by |
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| 45 | 45 | | registered or certified mail, restricted delivery, return receipt |
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| 46 | 46 | | requested]. |
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| 47 | 47 | | (b) Any written notice, decision, or report required to be |
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| 48 | 48 | | sent under this chapter to a complainant may be sent by regular mail |
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| 49 | 49 | | or e-mail. |
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| 50 | 50 | | (c) Any notice regarding the status of a complaint required |
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| 51 | 51 | | to be sent under Section 571.1351(c) may be sent by e-mail. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2011. |
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