83R1982 EES-F
By: Huberty H.B. No. 1035
A BILL TO BE ENTITLED
AN ACT
relating to the filing of reports of political contributions and
expenditures and of personal financial statements by certain
officeholders and candidates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.036, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) In prescribing the format of a report filed under this
chapter with an authority other than the commission, the commission
shall ensure that:
(1) a report may be filed:
(A) by first-class United States mail or common
or contract carrier;
(B) by personal delivery; or
(C) by electronic filing, if the authority with
whom the report is required to be filed has adopted rules and
procedures to provide for the electronic filing of the report and
the report is filed in accordance with those rules and procedures;
and
(2) an authority with whom a report is electronically
filed issues an electronic receipt for the report to the person
filing the report.
SECTION 2. Section 145.004, Local Government Code, is
amended by amending Subsection (d) and adding Subsection (g) to
read as follows:
(d) Except as provided in Subsection (g), the [The]
timeliness of the filing is governed by Section 572.029, Government
Code.
(g) A person is considered to have timely filed a financial
statement under this chapter if:
(1) the statement is personally delivered not later
than 5 p.m. of the last day for filing the statement; or
(2) the clerk or secretary of the municipality with
whom the statement is required to be filed has adopted rules and
procedures to provide for the electronic filing of the statement
and the statement is electronically filed in accordance with those
rules and procedures not later than midnight of the last day for
filing the statement.
SECTION 3. Section 159.004, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) Except as provided in Subsection (e), the [The]
timeliness of the filing is governed by Section 572.029, Government
Code.
(e) A person is considered to have timely filed a financial
statement under this subchapter if:
(1) the statement is personally delivered not later
than 5 p.m. of the last day for filing the statement; or
(2) the county clerk with whom the statement is
required to be filed has adopted rules and procedures to provide for
the electronic filing of the statement and the statement is
electronically filed in accordance with those rules and procedures
not later than midnight of the last day for filing the statement.
SECTION 4. Subchapter B, Chapter 159, Local Government
Code, is amended by adding Section 159.0341 to read as follows:
Sec. 159.0341. TIMELINESS OF FILING. A person is
considered to have timely filed a report under this subchapter if:
(1) the report is filed in accordance with Section
572.029, Government Code;
(2) the report is personally delivered not later than
5 p.m. of the last day for filing the report; or
(3) the officer with whom the report is required to be
filed has adopted rules and procedures to provide for the
electronic filing of the report and the report is electronically
filed in accordance with those rules and procedures not later than
midnight of the last day for filing the report.
SECTION 5. Section 159.053, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except as provided in Subsection (c), the [The]
timeliness of the filing is governed by Section 572.029, Government
Code.
(c) A person is considered to have timely filed a financial
statement under this subchapter if:
(1) the statement is personally delivered not later
than 5 p.m. of the last day for filing the statement; or
(2) the county clerk with whom the statement is
required to be filed has adopted rules and procedures to provide for
the electronic filing of the statement and the statement is
electronically filed in accordance with those rules and procedures
not later than midnight of the last day for filing the statement.
SECTION 6. (a) Section 254.036, Election Code, as amended
by this Act, applies only to a report required to be filed under
Chapter 254, Election Code, that is due on or after January 1, 2014.
A report required to be filed under Chapter 254, Election Code, that
is due before January 1, 2014, is governed by the law in effect on
the date the report is due, and the former law is continued in
effect for that purpose.
(b) Section 145.004, Local Government Code, as amended by
this Act, applies only to a financial statement required to be filed
under Chapter 145, Local Government Code, that is due on or after
January 1, 2014. A financial statement required to be filed under
Chapter 145, Local Government Code, that is due before January 1,
2014, is governed by the law in effect on the date the financial
statement is due, and the former law is continued in effect for that
purpose.
(c) The changes in law made by this Act to Chapter 159, Local
Government Code, apply only to a financial statement or report
required to be filed under that chapter that is due on or after
January 1, 2014. A financial statement or report required to be
filed under Chapter 159, Local Government Code, that is due before
January 1, 2014, is governed by the law in effect on the date the
financial statement or report is due, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2013.