Texas 2017 - 85th Regular

Texas House Bill HB2474 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7054 EES-F
2	2	By: Davis of Harris H.B. No. 2474
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the electronic filing of certain reports of political
8	8	contributions and expenditures with the Texas Ethics Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 251.033(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) The commission shall notify each person responsible for
13	13	filing a report with the commission under Subchapters C through F,
14	14	Chapter 254, of the deadline for filing a report, except that notice
15	15	of the deadline is not required for a political committee involved
16	16	in an election other than a primary election or the general election
17	17	for state and county officers or for a person who is required to
18	18	file a report electronically with the commission under Section
19	19	254.0395. Notification under this subsection may be sent by
20	20	electronic mail.
21	21	SECTION 2. Sections 254.036(a), (b), (c), (h), (i), and
22	22	(j), Election Code, are amended to read as follows:
23	23	(a) Each report filed under this chapter with an authority
24	24	other than the commission must be in a format prescribed by the
25	25	commission. A report filed with the commission that is not required
26	26	to be filed electronically [by computer diskette, modem, or other
27	27	means of electronic transfer] must be on a form prescribed by the
28	28	commission and written in black ink or typed with black typewriter
29	29	ribbon or, if the report is a computer printout, the printout must
30	30	conform to the same format and paper size as the form prescribed by
31	31	the commission.
32	32	(b) Except as provided by Subsection (c) or (e), each report
33	33	filed under this chapter with the commission must be filed
34	34	electronically [by computer diskette, modem, or other means of
35	35	electronic transfer,] using computer software provided by the
36	36	commission or computer software that meets commission
37	37	specifications for a standard file format.
38	38	(c) Except as otherwise provided by this title, a [A]
39	39	candidate, officeholder, or political committee that is required to
40	40	file reports with the commission may file reports that comply with
41	41	Subsection (a) if:
42	42	(1) the candidate, officeholder, or campaign
43	43	treasurer of the committee files [with the commission] an affidavit
44	44	stating that the candidate, officeholder, or committee, an agent of
45	45	the candidate, officeholder, or committee, or a person with whom
46	46	the candidate, officeholder, or committee contracts does not use
47	47	computer equipment to keep the current records of political
48	48	contributions, political expenditures, or persons making political
49	49	contributions to the candidate, officeholder, or committee; and
50	50	(2) the candidate, officeholder, or committee does
51	51	not, in a calendar year, accept political contributions that in the
52	52	aggregate exceed $20,000 or make political expenditures that in the
53	53	aggregate exceed $20,000.
54	54	(h) Each report filed under this chapter that is not filed
55	55	electronically [by electronic transfer] must be accompanied by an
56	56	affidavit executed by the person required to file the report. The
57	57	affidavit must contain the statement: "I swear, or affirm, under
58	58	penalty of perjury, that the accompanying report is true and
59	59	correct and includes all information required to be reported by me
60	60	under Title 15, Election Code." Each report filed under this
61	61	chapter electronically [by electronic transfer] must be under oath
62	62	by the person required to file the report and must contain, in
63	63	compliance with commission specifications, the digitized signature
64	64	of the person required to file the report. A report filed under
65	65	this chapter is considered to be under oath by the person required
66	66	to file the report, and the person is subject to prosecution under
67	67	Chapter 37, Penal Code, regardless of the absence of or a defect in
68	68	the affidavit.
69	69	(i) Each person required to file reports with the commission
70	70	that comply with Subsection (b) shall file with the commission a
71	71	verified form requesting a password to access the commission's
72	72	electronic report filing system [written statement providing the
73	73	manner of electronic transfer that the person will use to file the
74	74	report. A statement under this subsection must be filed not later
75	75	than the 30th day before the filing deadline for the first report a
76	76	person is required to file under Subsection (b). A person who
77	77	intends to change the manner of filing described by the person's
78	78	most recent statement shall notify the commission of the change not
79	79	later than the 30th day before the filing deadline for the report to
80	80	which the change applies. If a person does not file a statement
81	81	under this subsection, the commission may accept as authentic a
82	82	report filed in any manner that complies with Subsection (b). If
83	83	the commission receives a report that is not filed in the manner
84	84	described by the person's most recent statement under this
85	85	subsection, the commission shall promptly notify the person in
86	86	writing that the commission has received a report filed in a
87	87	different manner than expected].
88	88	(j) As part of the notification required by Section 251.033,
89	89	the commission shall mail the appropriate forms to each person
90	90	required to file a report with the commission during that reporting
91	91	period, except that forms are not required for a person who is
92	92	required to file a report with the commission under Section
93	93	254.0395.
94	94	SECTION 3. Subchapter B, Chapter 254, Election Code, is
95	95	amended by adding Section 254.0395 to read as follows:
96	96	Sec. 254.0395. CERTAIN REPORTS REQUIRED TO BE FILED WITH
97	97	COMMISSION. (a) Notwithstanding any other section of this title,
98	98	except as provided by Subsection (b), the following reports must be
99	99	filed electronically with the commission, using computer software
100	100	provided by the commission or that meets commission specifications
101	101	under Section 254.036(b):
102	102	(1) a report by a candidate for or officeholder of a
103	103	county office, a precinct office, or a district office other than an
104	104	office included in Section 252.005(1);
105	105	(2) a report by the campaign treasurer of a
106	106	specific-purpose committee that has a principal purpose of:
107	107	(A) supporting or opposing the candidacy of or
108	108	assisting an officeholder of a county office, a precinct office, or
109	109	a district office other than an office included in Section
110	110	252.005(1); or
111	111	(B) supporting or opposing a measure to be
112	112	submitted to voters of a single county in an election ordered by a
113	113	county authority; and
114	114	(3) a report required under Subchapter H filed by a
115	115	former candidate for or former officeholder of a county office, a
116	116	precinct office, or a district office other than an office included
117	117	in Section 252.005(1).
118	118	(b) If Section 254.036(c) applies to a person required to
119	119	file a report electronically with the commission under Subsection
120	120	(a), the person may file the report with the authority with whom the
121	121	report is otherwise required to be filed if the report is
122	122	accompanied by the affidavit described by Section 254.036(c-1).
123	123	SECTION 4. Section 254.041(a), Election Code, is amended to
124	124	read as follows:
125	125	(a) A person who is required by this chapter to file a report
126	126	commits an offense if the person knowingly fails:
127	127	(1) to file the report on time;
128	128	(2) to file a report electronically [by computer
129	129	diskette, modem, or other means of electronic transfer], if the
130	130	person is required to file reports that comply with Section
131	131	254.036(b); or
132	132	(3) to include in the report information that is
133	133	required by this title to be included.
134	134	SECTION 5. Section 254.042, Election Code, is amended by
135	135	adding Subsection (d) to read as follows:
136	136	(d) This section does not apply to a report required to be
137	137	filed electronically with the commission under Section 254.0395.
138	138	SECTION 6. Section 254.066, Election Code, is amended to
139	139	read as follows:
140	140	Sec. 254.066. AUTHORITY WITH WHOM REPORTS FILED. Except as
141	141	provided by Section 254.0395, reports [Reports] under this
142	142	subchapter shall be filed with the authority with whom the
143	143	candidate's campaign treasurer appointment is required to be filed.
144	144	SECTION 7. Section 254.095, Election Code, is amended to
145	145	read as follows:
146	146	Sec. 254.095. REPORT NOT REQUIRED. If at the end of any
147	147	reporting period prescribed by this subchapter an officeholder who
148	148	is required to file a report with an authority other than the
149	149	commission or who is required to file a report electronically with
150	150	the commission under Section 254.0395 has not accepted political
151	151	contributions that in the aggregate exceed $500 or made political
152	152	expenditures that in the aggregate exceed $500, the officeholder is
153	153	not required to file a report covering that period.
154	154	SECTION 8. Section 254.097, Election Code, is amended to
155	155	read as follows:
156	156	Sec. 254.097. AUTHORITY WITH WHOM REPORTS FILED. Except as
157	157	provided by Section 254.0395, reports [Reports] under this
158	158	subchapter shall be filed with the authority with whom a campaign
159	159	treasurer appointment by a candidate for the office held by the
160	160	officeholder is required to be filed.
161	161	SECTION 9. Section 254.130(a), Election Code, is amended to
162	162	read as follows:
163	163	(a) Except as provided by Subsection (b) or Section
164	164	254.0395, reports filed under this subchapter shall be filed with
165	165	the authority with whom the political committee's campaign
166	166	treasurer appointment is required to be filed.
167	167	SECTION 10. Section 254.202(b), Election Code, is amended
168	168	to read as follows:
169	169	(b) Except as provided by Section 254.0395, the [The] report
170	170	shall be filed with the authority with whom the person's campaign
171	171	treasurer appointment was required to be filed.
172	172	SECTION 11. Section 254.205(b), Election Code, is amended
173	173	to read as follows:
174	174	(b) Except as provided by Section 254.0395, the [The] report
175	175	shall be filed with the authority with whom the person's campaign
176	176	treasurer appointment was required to be filed.
177	177	SECTION 12. Section 571.069, Government Code, is amended by
178	178	adding Subsection (g) to read as follows:
179	179	(g) This section does not apply to a report required to be
180	180	filed electronically with the commission under Section 254.0395,
181	181	Election Code.
182	182	SECTION 13. The changes in law made by this Act apply only
183	183	to a report filed with the Texas Ethics Commission on or after the
184	184	effective date of this Act. A report filed before the effective
185	185	date of this Act is subject to the law in effect at the time the
186	186	report was filed, and the former law is continued in effect for that
187	187	purpose.
188	188	SECTION 14. This Act takes effect September 1, 2017.