85R7054 EES-F
By: Davis of Harris H.B. No. 2474
A BILL TO BE ENTITLED
AN ACT
relating to the electronic filing of certain reports of political
contributions and expenditures with the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.033(a), Election Code, is amended to
read as follows:
(a) The commission shall notify each person responsible for
filing a report with the commission under Subchapters C through F,
Chapter 254, of the deadline for filing a report, except that notice
of the deadline is not required for a political committee involved
in an election other than a primary election or the general election
for state and county officers or for a person who is required to
file a report electronically with the commission under Section
254.0395. Notification under this subsection may be sent by
electronic mail.
SECTION 2. Sections 254.036(a), (b), (c), (h), (i), and
(j), Election Code, are amended to read as follows:
(a) Each report filed under this chapter with an authority
other than the commission must be in a format prescribed by the
commission. A report filed with the commission that is not required
to be filed electronically [by computer diskette, modem, or other
means of electronic transfer] must be on a form prescribed by the
commission and written in black ink or typed with black typewriter
ribbon or, if the report is a computer printout, the printout must
conform to the same format and paper size as the form prescribed by
the commission.
(b) Except as provided by Subsection (c) or (e), each report
filed under this chapter with the commission must be filed
electronically [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.
(c) Except as otherwise provided by this title, a [A]
candidate, officeholder, or political committee that is required to
file reports with the commission may file reports that comply with
Subsection (a) if:
(1) the candidate, officeholder, or campaign
treasurer of the committee files [with the commission] an affidavit
stating that the candidate, officeholder, or committee, an agent of
the candidate, officeholder, or committee, or a person with whom
the candidate, officeholder, or committee contracts does not use
computer equipment to keep the current records of political
contributions, political expenditures, or persons making political
contributions to the candidate, officeholder, or committee; and
(2) the candidate, officeholder, or committee does
not, in a calendar year, accept political contributions that in the
aggregate exceed $20,000 or make political expenditures that in the
aggregate exceed $20,000.
(h) Each report filed under this chapter that is not filed
electronically [by electronic transfer] must be accompanied by an
affidavit executed by the person required to file the report. The
affidavit must contain the statement: "I swear, or affirm, under
penalty of perjury, that the accompanying report is true and
correct and includes all information required to be reported by me
under Title 15, Election Code." Each report filed under this
chapter electronically [by electronic transfer] must be under oath
by the person required to file the report and must contain, in
compliance with commission specifications, the digitized signature
of the person required to file the report. A report filed under
this chapter is considered to be under oath by the person required
to file the report, and the person is subject to prosecution under
Chapter 37, Penal Code, regardless of the absence of or a defect in
the affidavit.
(i) Each person required to file reports with the commission
that comply with Subsection (b) shall file with the commission a
verified form requesting a password to access the commission's
electronic report filing system [written statement providing the
manner of electronic transfer that the person will use to file the
report. A statement under this subsection must be filed not later
than the 30th day before the filing deadline for the first report a
person is required to file under Subsection (b). A person who
intends to change the manner of filing described by the person's
most recent statement shall notify the commission of the change not
later than the 30th day before the filing deadline for the report to
which the change applies. If a person does not file a statement
under this subsection, the commission may accept as authentic a
report filed in any manner that complies with Subsection (b). If
the commission receives a report that is not filed in the manner
described by the person's most recent statement under this
subsection, the commission shall promptly notify the person in
writing that the commission has received a report filed in a
different manner than expected].
(j) As part of the notification required by Section 251.033,
the commission shall mail the appropriate forms to each person
required to file a report with the commission during that reporting
period, except that forms are not required for a person who is
required to file a report with the commission under Section
254.0395.
SECTION 3. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.0395 to read as follows:
Sec. 254.0395. CERTAIN REPORTS REQUIRED TO BE FILED WITH
COMMISSION. (a) Notwithstanding any other section of this title,
except as provided by Subsection (b), the following reports must be
filed electronically with the commission, using computer software
provided by the commission or that meets commission specifications
under Section 254.036(b):
(1) a report by a candidate for or officeholder of a
county office, a precinct office, or a district office other than an
office included in Section 252.005(1);
(2) a report by the campaign treasurer of a
specific-purpose committee that has a principal purpose of:
(A) supporting or opposing the candidacy of or
assisting an officeholder of a county office, a precinct office, or
a district office other than an office included in Section
252.005(1); or
(B) supporting or opposing a measure to be
submitted to voters of a single county in an election ordered by a
county authority; and
(3) a report required under Subchapter H filed by a
former candidate for or former officeholder of a county office, a
precinct office, or a district office other than an office included
in Section 252.005(1).
(b) If Section 254.036(c) applies to a person required to
file a report electronically with the commission under Subsection
(a), the person may file the report with the authority with whom the
report is otherwise required to be filed if the report is
accompanied by the affidavit described by Section 254.036(c-1).
SECTION 4. Section 254.041(a), Election Code, is amended to
read as follows:
(a) A person who is required by this chapter to file a report
commits an offense if the person knowingly fails:
(1) to file the report on time;
(2) to file a report electronically [by computer
diskette, modem, or other means of electronic transfer], if the
person is required to file reports that comply with Section
254.036(b); or
(3) to include in the report information that is
required by this title to be included.
SECTION 5. Section 254.042, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) This section does not apply to a report required to be
filed electronically with the commission under Section 254.0395.
SECTION 6. Section 254.066, Election Code, is amended to
read as follows:
Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Except as
provided by Section 254.0395, reports [Reports] under this
subchapter shall be filed with the authority with whom the
candidate's campaign treasurer appointment is required to be filed.
SECTION 7. Section 254.095, Election Code, is amended to
read as follows:
Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
reporting period prescribed by this subchapter an officeholder who
is required to file a report with an authority other than the
commission or who is required to file a report electronically with
the commission under Section 254.0395 has not accepted political
contributions that in the aggregate exceed $500 or made political
expenditures that in the aggregate exceed $500, the officeholder is
not required to file a report covering that period.
SECTION 8. Section 254.097, Election Code, is amended to
read as follows:
Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. Except as
provided by Section 254.0395, reports [Reports] under this
subchapter shall be filed with the authority with whom a campaign
treasurer appointment by a candidate for the office held by the
officeholder is required to be filed.
SECTION 9. Section 254.130(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (b) or Section
254.0395, reports filed under this subchapter shall be filed with
the authority with whom the political committee's campaign
treasurer appointment is required to be filed.
SECTION 10. Section 254.202(b), Election Code, is amended
to read as follows:
(b) Except as provided by Section 254.0395, the [The] report
shall be filed with the authority with whom the person's campaign
treasurer appointment was required to be filed.
SECTION 11. Section 254.205(b), Election Code, is amended
to read as follows:
(b) Except as provided by Section 254.0395, the [The] report
shall be filed with the authority with whom the person's campaign
treasurer appointment was required to be filed.
SECTION 12. Section 571.069, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) This section does not apply to a report required to be
filed electronically with the commission under Section 254.0395,
Election Code.
SECTION 13. The changes in law made by this Act apply only
to a report filed with the Texas Ethics Commission on or after the
effective date of this Act. A report filed before the effective
date of this Act is subject to the law in effect at the time the
report was filed, and the former law is continued in effect for that
purpose.
SECTION 14. This Act takes effect September 1, 2017.