Texas 2015 - 84th Regular

Texas Senate Bill SB1437 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Zaffirini S.B. No. 1437
2		-	(In the Senate - Filed March 12, 2015; March 18, 2015, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 29, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 29, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1437 By: Zaffirini
	2	+	(Davis of Harris)
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the electronic filing of reports of political
14	8		contributions and expenditures and of personal financial
15	9		statements by certain officeholders and candidates and the content
16	10		of those statements; creating a criminal offense.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Section 254.036, Election Code, is amended by
19	13		adding Subsection (f-1) to read as follows:
20	14		(f-1) A report filed under this chapter with an authority
21	15		other than the commission may be filed electronically by using
22	16		computer software developed by the commission, if the authority
23	17		with whom the report is required to be filed has adopted rules and
24	18		procedures to provide for the filing of the report using the
25	19		software.
26	20		SECTION 2. Section 571.0671, Government Code, is amended to
27	21		read as follows:
28	22		Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING
29	23		SOFTWARE. (a) Computer software provided or approved by the
30	24		commission for use under Section 254.036(b), Election Code, or
31	25		Section 302.013, [or] 305.0064, or 572.0291 must:
32	26		(1) use a standardized format for the entry of names,
33	27		addresses, and zip codes;
34	28		(2) provide for secure and encoded transmission of
35	29		data from the computer of a person filing a report to the computers
36	30		used by the commission;
37	31		(3) be capable of being used by a person with basic
38	32		computing skills;
39	33		(4) provide confirmation to a person filing a report
40	34		that the report was properly received; and
41	35		(5) permit a person using a computer to prepare a
42	36		report or to retrieve information from a report to import
43	37		information to the report from a variety of computer software
44	38		applications that meet commission specifications for a standard
45	39		file format or export information from the report to a variety of
46	40		computer software applications that meet commission specifications
47	41		for a standard file format without the need to reenter information.
48	42		(b) Before determining the specifications for computer
49	43		software developed, purchased, or licensed for use under Section
50	44		254.036, Election Code, or Section 302.013, [or] 305.0064, or
51	45		572.0291, the commission shall conduct at least one public hearing
52	46		to discuss the specifications. For at least 10 days following the
53	47		hearing, the commission shall accept public comments concerning the
54	48		software specifications.
55	49		(c) The commission may provide software for use under
56	50		Section 254.036(b), Election Code, or Section 302.013, [or]
57	51		305.0064, or 572.0291 by making the software available on the
58	52		Internet. If the commission makes the software available on the
59	53		Internet, the commission is not required to provide the software on
60	54		computer diskettes, CD-ROMs, or other storage media without charge
61	55		to persons required to file reports under that section, but may
62	56		charge a fee for providing the software on storage media. A fee
63	57		under this subsection may not exceed the cost to the commission of
64	58		providing the software.
65	59		SECTION 3. Section 572.023, Government Code, is amended by
66	60		adding Subsections (f) and (g) to read as follows:
67	61		(f) Each financial statement filed with a filing authority
68	62		other than the commission that is not filed electronically must be
69	63		accompanied by an affidavit executed by the person required to file
70	64		the financial statement. The affidavit must contain the statement:
71	65		"I swear, or affirm, under penalty of perjury, that the
72	66		accompanying financial statement is true and correct and includes
73	67		all information required to be reported by me under Chapter 572 of
74	68		the Government Code." A financial statement filed under this
75	69		chapter is considered to be under oath by the person required to
76	70		file the financial statement, and the person is subject to
77	71		prosecution under Chapter 37, Penal Code, regardless of the absence
78	72		of or a defect in the affidavit.
79	73		(g) A person who electronically files a financial statement
80	74		with the commission or another filing authority is not required to
81	75		include a notarized affidavit with the financial statement if the
82	76		person:
83	77		(1) has requested and received an electronic filing
84	78		password pursuant to the rules of the commission or other
85	79		authority, as applicable; and
86	80		(2) uses that password to file the financial
87	81		statement.
88	82		SECTION 4. Subchapter B, Chapter 572, Government Code, is
89	83		amended by adding Section 572.0291 to read as follows:
90	84		Sec. 572.0291. ELECTRONIC FILING REQUIRED. A financial
91	85		statement filed with the commission must be filed by computer
92	86		diskette, modem, or other means of electronic transfer, using
93	87		computer software provided by the commission or computer software
94	88		that meets commission specifications for a standard file format.
95	89		SECTION 5. Section 145.004, Local Government Code, is
96	90		amended by adding Subsection (h) to read as follows:
97	91		(h) A financial statement filed under this chapter may be
98	92		filed electronically by using computer software developed by the
99	93		Texas Ethics Commission if the clerk or secretary of the
100	94		municipality with whom the statement is required to be filed has
101	95		adopted rules and procedures to provide for the filing of the
102	96		statement using the software.
103	97		SECTION 6. Section 159.004(f), Local Government Code, is
104	98		amended to read as follows:
105	99		(f) A county clerk may adopt rules and procedures under this
106	100		section relating only to the manner in which a person must
107	101		electronically file a financial statement and the required format
108	102		of an electronically filed statement. Those rules may allow a
109	103		person to file a statement electronically by using computer
110	104		software developed by the Texas Ethics Commission.
111	105		SECTION 7. Section 159.0341(b), Local Government Code, is
112	106		amended to read as follows:
113	107		(b) An officer with whom a report is required to be filed
114	108		under this subchapter may adopt rules and procedures under this
115	109		section relating only to the manner in which a person must
116	110		electronically file a report and the required format of an
117	111		electronically filed report. Those rules may allow a person to file
118	112		a report electronically by using computer software developed by the
119	113		Texas Ethics Commission.
120	114		SECTION 8. Section 159.053, Local Government Code, is
121	115		amended by adding Subsection (d) to read as follows:
122	116		(d) A financial statement filed under this subchapter may be
123	117		filed electronically by using computer software developed by the
124	118		commission if the county clerk with whom the statement is required
125	119		to be filed has adopted rules and procedures to provide for the
126	120		filing of the statement using the software.
127	121		SECTION 9. Section 572.023, Government Code, as amended by
128	122		this Act, applies only to a financial statement due on or after the
129	123		effective date of this Act. A financial statement due before the
130	124		effective date of this Act is governed by the law in effect on the
131	125		date the financial statement was due, and the former law is
132	126		continued in effect for that purpose.
133	127		SECTION 10. This Act takes effect September 1, 2015.
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