By: Williams S.B. No. 1779
A BILL TO BE ENTITLED
AN ACT
relating to reports and complaints filed with and notices provided
by the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.036(b), Election Code, is amended to
read as follows:
(b) Except as provided by Subsection (c), (e), or (f), each
report filed under this chapter with the commission must be filed:
(1) by computer diskette, modem, or other means of
electronic transfer, using computer software provided by the
commission or computer software that meets commission
specifications for a standard file format; or
(2) using a secure Internet website maintained by the
commission that meets the requirements of Section 571.0671,
Government Code.
SECTION 2. Section 254.042(b), 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 3. Section 302.013(d), Government Code, is amended
to read as follows:
(d) Each speaker candidate shall file the statement:
(1) by computer diskette, modem, or other means of
electronic transfer, using computer software provided by the Texas
Ethics Commission or computer software that meets commission
specifications for a standard file format; or
(2) using a secure Internet website maintained by the
Texas Ethics Commission that meets the requirements of Section
571.0671.
SECTION 4. Section 305.0064(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), each registration
filed under Section 305.005 and each report filed under Section
305.006 must be filed:
(1) by computer diskette, modem, or other means of
electronic transfer, using computer software provided by the
commission or computer software that meets commission
specifications for a standard file format; or
(2) using a secure Internet website maintained by the
commission that meets the requirements of Section 571.0671.
SECTION 5. 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 6. The heading to Section 571.0671, Government
Code, is amended to read as follows:
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE
OR INTERNET WEBSITE.
SECTION 7. Section 571.0671, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) Computer software provided or approved by the
commission or the secure Internet website for use under Section
254.036(b), Election Code, or Section 302.013 or 305.0064 must:
(1) use a standardized format for the entry of names,
addresses, and zip codes;
(2) provide for secure and encoded transmission of
data from the computer of a person filing a report to the computers
used by the commission;
(3) be capable of being used by a person with basic
computing skills;
(4) provide confirmation to a person filing a report
that the report was properly received; and
(5) permit a person using a computer to prepare a
report or to retrieve information from a report to import
information to the report from a variety of computer software
applications that meet commission specifications for a standard
file format or export information from the report to a variety of
computer software applications that meet commission specifications
for a standard file format without the need to reenter information.
(c) The commission may provide software for use under
Section 254.036(b), Election Code, or Section 302.013 or 305.0064
by making the software available on the Internet. If the commission
makes the software available on the Internet, the commission is not
required to provide the software on computer diskettes, CD-ROMs, or
other storage media without charge to persons required to file
reports under that section, but may charge a fee for providing the
software on storage media. A fee under this subsection may not
exceed the cost to the commission of providing the software.
Provision of software on the Internet under this subsection does
not affect the duty of the commission to maintain a secure Internet
website through which a person may electronically file reports
without acquiring the software described by this section.
(d) The commission shall maintain a secure Internet website
through which a person may directly electronically file reports
with the commission under Section 254.036(b), Election Code, or
Section 302.013 or 305.0064 without acquiring the software
described by this section. The website shall, in addition to
meeting the requirements of Subsection (a), provide adequate
controls to ensure that only the person required to file the report,
or another person authorized by the person required to file the
report, may enter or alter information or submit the report to the
commission.
SECTION 8. Sections 571.1242(a) and (b), Government Code,
are amended to read as follows:
(a) If the alleged violation is a Category One violation:
(1) the respondent must respond to the notice required
by Section 571.123(b) not later than the 10th [business] day after
the date the respondent receives the notice; and
(2) if the matter is not resolved by agreement between
the commission and the respondent before the 30th [business] day
after the date the respondent receives the notice under Section
571.123(b), the commission shall set the matter for a preliminary
review hearing to be held at the next commission meeting for which
notice has not yet been posted.
(b) If the alleged violation is a Category Two violation:
(1) the respondent must respond to the notice required
by Section 571.123(b) not later than the 25th [business] day after
the date the respondent receives the notice under Section
571.123(b); and
(2) if the matter is not resolved by agreement between
the commission and the respondent before the 75th [business] day
after the date the respondent receives the notice under Section
571.123(b), the commission shall set the matter for a preliminary
review hearing to be held at the next commission meeting for which
notice has not yet been posted.
SECTION 9. Section 571.140, Government Code, is amended by
amending Subsection (a) and adding Subsection (b-2) to read as
follows:
(a) Except as provided by Subsection (b), [or] (b-1), or
(b-2) or by Section 571.171, proceedings at a preliminary review
hearing performed by the commission, a sworn complaint, and
documents and any additional evidence relating to the processing,
preliminary review, preliminary review hearing, or resolution of a
sworn complaint or motion are confidential and may not be disclosed
unless entered into the record of a formal hearing or a judicial
proceeding, except that a document or statement that was previously
public information remains public information.
(b-2) The name and the county of residence of an individual
who files with the commission a sworn complaint is not confidential
if:
(1) the sworn complaint is the basis of a preliminary
review or hearing; and
(2) after the completion of the preliminary review or
hearing, the commission issues an order determining that a
violation other than a technical or de minimis violation has
occurred.
SECTION 10. Section 571.141, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) For each order that the commission is required to make
a copy or summary of available on the Internet under Subsection (a),
the commission shall make available on the Internet the name and the
county of residence of any individual who filed with the commission
the sworn complaint that was the basis for the review or hearing.
SECTION 11. The changes in law made by this Act to Sections
571.1242, 571.140, and 571.141, Government Code, apply only to a
sworn complaint filed with the Texas Ethics Commission under
Section 571.122, Government Code, on or after the effective date of
this Act. A sworn complaint that is filed before that date is
governed by the law in effect on the date the complaint is filed,
and the former law is continued in effect for that purpose.
SECTION 12. As soon as practicable after the effective date
of this Act, the Texas Ethics Commission shall establish the secure
Internet website on which a report may be filed as provided by the
changes in law made by this Act.
SECTION 13. This Act takes effect September 1, 2011.