By: Zaffirini S.B. No. 1437
(In the Senate - Filed March 12, 2015; March 18, 2015, read
first time and referred to Committee on State Affairs;
April 29, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 29, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1437 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the electronic filing of reports of political
contributions and expenditures and of personal financial
statements by certain officeholders and candidates and the content
of those statements; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.036, Election Code, is amended by
adding Subsection (f-1) to read as follows:
(f-1) A report filed under this chapter with an authority
other than the commission may be filed electronically by using
computer software developed by the commission, if the authority
with whom the report is required to be filed has adopted rules and
procedures to provide for the filing of the report using the
software.
SECTION 2. Section 571.0671, Government Code, is amended to
read as follows:
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING
SOFTWARE. (a) Computer software provided or approved by the
commission for use under Section 254.036(b), Election Code, or
Section 302.013, [or] 305.0064, or 572.0291 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.
(b) Before determining the specifications for computer
software developed, purchased, or licensed for use under Section
254.036, Election Code, or Section 302.013, [or] 305.0064, or
572.0291, the commission shall conduct at least one public hearing
to discuss the specifications. For at least 10 days following the
hearing, the commission shall accept public comments concerning the
software specifications.
(c) The commission may provide software for use under
Section 254.036(b), Election Code, or Section 302.013, [or]
305.0064, or 572.0291 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.
SECTION 3. Section 572.023, Government Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) Each financial statement filed with a filing authority
other than the commission that is not filed electronically must be
accompanied by an affidavit executed by the person required to file
the financial statement. The affidavit must contain the statement:
"I swear, or affirm, under penalty of perjury, that the
accompanying financial statement is true and correct and includes
all information required to be reported by me under Chapter 572 of
the Government Code." A financial statement filed under this
chapter is considered to be under oath by the person required to
file the financial statement, and the person is subject to
prosecution under Chapter 37, Penal Code, regardless of the absence
of or a defect in the affidavit.
(g) A person who electronically files a financial statement
with the commission or another filing authority is not required to
include a notarized affidavit with the financial statement if the
person:
(1) has requested and received an electronic filing
password pursuant to the rules of the commission or other
authority, as applicable; and
(2) uses that password to file the financial
statement.
SECTION 4. Subchapter B, Chapter 572, Government Code, is
amended by adding Section 572.0291 to read as follows:
Sec. 572.0291. ELECTRONIC FILING REQUIRED. A financial
statement filed with the commission must be filed 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.
SECTION 5. Section 145.004, Local Government Code, is
amended by adding Subsection (h) to read as follows:
(h) A financial statement filed under this chapter may be
filed electronically by using computer software developed by the
Texas Ethics Commission if 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 filing of the
statement using the software.
SECTION 6. Section 159.004(f), Local Government Code, is
amended to read as follows:
(f) A county clerk may adopt rules and procedures under this
section relating only to the manner in which a person must
electronically file a financial statement and the required format
of an electronically filed statement. Those rules may allow a
person to file a statement electronically by using computer
software developed by the Texas Ethics Commission.
SECTION 7. Section 159.0341(b), Local Government Code, is
amended to read as follows:
(b) An officer with whom a report is required to be filed
under this subchapter may adopt rules and procedures under this
section relating only to the manner in which a person must
electronically file a report and the required format of an
electronically filed report. Those rules may allow a person to file
a report electronically by using computer software developed by the
Texas Ethics Commission.
SECTION 8. Section 159.053, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) A financial statement filed under this subchapter may be
filed electronically by using computer software developed by the
commission if the county clerk with whom the statement is required
to be filed has adopted rules and procedures to provide for the
filing of the statement using the software.
SECTION 9. Section 572.023, Government Code, as amended by
this Act, applies only to a financial statement due on or after the
effective date of this Act. A financial statement due before the
effective date of this Act is governed by the law in effect on the
date the financial statement was due, and the former law is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2015.
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