Texas 2017 - 85th Regular

Texas Senate Bill SB63 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	85R31154 EES-F
1	2		By: Zaffirini S.B. No. 63
2		-	(In the Senate - Filed November 14, 2016; January 24, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 3, 2017, reported favorably by the following vote: Yeas 9,
5		-	Nays 0; April 3, 2017, sent to printer.)
6		-	Click here to see the committee vote
	3	+	(Davis of Harris)
	4	+	Substitute the following for S.B. No. 63: No.
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the electronic filing of reports of political
12	10		contributions and expenditures and of personal financial
13	11		statements by certain officeholders and candidates and the content
14		-	of those statements~~; creating a criminal offense~~.
	12	+	of those statements.
15	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	14		SECTION 1. Section 254.036, Election Code, is amended by
17	15		adding Subsection (f-1) to read as follows:
18	16		(f-1) A report filed under this chapter with an authority
19	17		other than the commission may be filed electronically by using
20	18		computer software developed by the commission, if the authority
21	19		with whom the report is required to be filed has adopted rules and
22	20		procedures to provide for the filing of the report using the
23	21		software.
24	22		SECTION 2. Sections 571.0671(a), (b), and (c), Government
25	23		Code, are amended to read as follows:
26	24		(a) Computer software provided or approved by the
27	25		commission for use under Section 254.036(b), Election Code, or
28	26		Section 302.013, [or] 305.0064, or 572.0291 must:
29	27		(1) use a standardized format for the entry of names,
30	28		addresses, and zip codes;
31	29		(2) provide for secure and encoded transmission of
32	30		data from the computer of a person filing a report to the computers
33	31		used by the commission;
34	32		(3) be capable of being used by a person with basic
35	33		computing skills;
36	34		(4) provide confirmation to a person filing a report
37	35		that the report was properly received; and
38	36		(5) permit a person using a computer to prepare a
39	37		report or to retrieve information from a report to import
40	38		information to the report from a variety of computer software
41	39		applications that meet commission specifications for a standard
42	40		file format or export information from the report to a variety of
43	41		computer software applications that meet commission specifications
44	42		for a standard file format without the need to reenter information.
45	43		(b) Before determining the specifications for computer
46	44		software developed, purchased, or licensed for use under Section
47	45		254.036, Election Code, or Section 302.013, [or] 305.0064, or
48	46		572.0291, the commission shall conduct at least one public hearing
49	47		to discuss the specifications. For at least 10 days following the
50	48		hearing, the commission shall accept public comments concerning the
51	49		software specifications.
52	50		(c) The commission may provide software for use under
53	51		Section 254.036(b), Election Code, or Section 302.013, [or]
54	52		305.0064, or 572.0291 by making the software available on the
55	53		Internet. If the commission makes the software available on the
56	54		Internet, the commission is not required to provide the software on
57	55		computer diskettes, CD-ROMs, or other storage media without charge
58	56		to persons required to file reports under that section, but may
59	57		charge a fee for providing the software on storage media. A fee
60	58		under this subsection may not exceed the cost to the commission of
61	59		providing the software.
62	60		SECTION 3. Section 572.023, Government Code, is amended by
63	61		adding Subsections (e) and (f) to read as follows:
64	62		(e) Each financial statement filed with a filing authority
65	63		other than the commission that is not filed electronically must be
66	64		accompanied by an affidavit executed by the person required to file
67	65		the financial statement. The affidavit must contain the statement:
68	66		"I swear, or affirm, under penalty of perjury, that the
69	67		accompanying financial statement is true and correct and includes
70	68		all information required to be reported by me under Chapter 572 of
71	69		the Government Code." A financial statement filed under this
72	70		chapter is considered to be under oath by the person required to
73	71		file the financial statement, and the person is subject to
74	72		prosecution under Chapter 37, Penal Code, regardless of the absence
75	73		of or a defect in the affidavit.
76	74		(f) A person who electronically files a financial statement
77	75		with the commission or another filing authority is not required to
78	76		include a notarized affidavit with the financial statement if the
79	77		person:
80	78		(1) has requested and received an electronic filing
81	79		password pursuant to the rules of the commission or other
82	80		authority, as applicable; and
83	81		(2) uses that password to file the financial
84	82		statement.
85	83		SECTION 4. Section 145.004, Local Government Code, is
86	84		amended by adding Subsection (h) to read as follows:
87	85		(h) A financial statement filed under this chapter may be
88	86		filed electronically by using computer software developed by the
89	87		Texas Ethics Commission if the clerk or secretary of the
90	88		municipality with whom the statement is required to be filed has
91	89		adopted rules and procedures to provide for the filing of the
92	90		statement using the software.
93	91		SECTION 5. Section 159.004(f), Local Government Code, is
94	92		amended to read as follows:
95	93		(f) A county clerk may adopt rules and procedures under this
96	94		section relating only to the manner in which a person must
97	95		electronically file a financial statement and the required format
98	96		of an electronically filed statement. Those rules may allow a
99	97		person to file a statement electronically by using computer
100	98		software developed by the Texas Ethics Commission.
101	99		SECTION 6. Section 159.0341(b), Local Government Code, is
102	100		amended to read as follows:
103	101		(b) An officer with whom a report is required to be filed
104	102		under this subchapter may adopt rules and procedures under this
105	103		section relating only to the manner in which a person must
106	104		electronically file a report and the required format of an
107	105		electronically filed report. Those rules may allow a person to file
108	106		a report electronically by using computer software developed by the
109	107		Texas Ethics Commission.
110	108		SECTION 7. Section 159.053, Local Government Code, is
111	109		amended by adding Subsection (d) to read as follows:
112	110		(d) A financial statement filed under this subchapter may be
113	111		filed electronically by using computer software developed by the
114	112		commission if the county clerk with whom the statement is required
115	113		to be filed has adopted rules and procedures to provide for the
116	114		filing of the statement using the software.
117	115		SECTION 8. Section 572.023, Government Code, as amended by
118	116		this Act, applies only to a financial statement due on or after the
119	117		effective date of this Act. A financial statement due before the
120	118		effective date of this Act is governed by the law in effect on the
121	119		date the financial statement was due, and the former law is
122	120		continued in effect for that purpose.
123	121		SECTION 9. This Act takes effect September 1, 2017.
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