1 | 1 | | 85R13773 ATP-D |
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2 | 2 | | By: Rose H.B. No. 4211 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the electronic filing of reports of political |
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8 | 8 | | contributions and expenditures with populous counties. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 254.036(a), (b), (c), and (f), Election |
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11 | 11 | | Code, are amended to read as follows: |
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12 | 12 | | (a) Each report filed under this chapter to which Subsection |
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13 | 13 | | (b) does not apply [with an authority other than the commission] |
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14 | 14 | | must be in a format prescribed by the commission. A report filed |
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15 | 15 | | with the commission that is not required to be filed by computer |
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16 | 16 | | diskette, modem, or other means of electronic transfer must be on a |
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17 | 17 | | form prescribed by the commission and written in black ink or typed |
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18 | 18 | | with black typewriter ribbon or, if the report is a computer |
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19 | 19 | | printout, the printout must conform to the same format and paper |
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20 | 20 | | size as the form prescribed by the commission. |
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21 | 21 | | (b) Except as provided by Subsection (c) or (e), each report |
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22 | 22 | | filed under this chapter with the commission or the county clerk of |
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23 | 23 | | a county with a population of 800,000 or more must be filed by |
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24 | 24 | | computer diskette, modem, or other means of electronic transfer, |
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25 | 25 | | using computer software provided by the commission or computer |
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26 | 26 | | software that meets commission specifications for a standard file |
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27 | 27 | | format. |
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28 | 28 | | (c) A candidate, officeholder, or political committee to |
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29 | 29 | | whom Subsection (b) applies [that is required to file reports with |
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30 | 30 | | the commission] may file reports that comply with Subsection (a) |
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31 | 31 | | if: |
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32 | 32 | | (1) the candidate, officeholder, or campaign |
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33 | 33 | | treasurer of the committee files with the authority with whom |
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34 | 34 | | reports under this chapter are filed [commission] an affidavit |
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35 | 35 | | stating that the candidate, officeholder, or committee, an agent of |
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36 | 36 | | the candidate, officeholder, or committee, or a person with whom |
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37 | 37 | | the candidate, officeholder, or committee contracts does not use |
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38 | 38 | | computer equipment to keep the current records of political |
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39 | 39 | | contributions, political expenditures, or persons making political |
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40 | 40 | | contributions to the candidate, officeholder, or committee; and |
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41 | 41 | | (2) the candidate, officeholder, or committee does |
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42 | 42 | | not, in a calendar year, accept political contributions that in the |
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43 | 43 | | aggregate exceed $20,000 or make political expenditures that in the |
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44 | 44 | | aggregate exceed $20,000. |
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45 | 45 | | (f) In prescribing the format of a report filed under |
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46 | 46 | | Subsection (a) [this chapter with an authority other than the |
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47 | 47 | | commission], the commission shall ensure that: |
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48 | 48 | | (1) a report may be filed: |
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49 | 49 | | (A) by first class United States mail or common |
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50 | 50 | | or contract carrier; |
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51 | 51 | | (B) by personal delivery; or |
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52 | 52 | | (C) by electronic filing, if the authority with |
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53 | 53 | | whom the report is required to be filed has adopted rules and |
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54 | 54 | | procedures to provide for the electronic filing of the report and |
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55 | 55 | | the report is filed in accordance with those rules and procedures; |
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56 | 56 | | and |
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57 | 57 | | (2) an authority with whom a report is electronically |
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58 | 58 | | filed issues an electronic receipt for the report to the person |
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59 | 59 | | filing the report. |
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60 | 60 | | SECTION 2. This Act takes effect September 1, 2017. |
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