Texas 2021 - 87th Regular

Texas House Bill HB3906 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Goldman (Senate Sponsor - Hughes) H.B. No. 3906
2		-	(In the Senate - Received from the House May 17, 2021;
3		-	May 17, 2021, read first time and referred to Committee on State
4		-	Affairs; May 21, 2021, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 21, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	87R12298 TJB-D
	2	+	By: Goldman H.B. No. 3906
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the regulation of political funds, campaigns, and
12	8		lobbying, including certain functions and procedures of the Texas
13	9		Ethics Commission.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Section 254.0313, Election Code, is amended to
16	12		read as follows:
17	13		Sec. 254.0313. OMISSION OF ADDRESS FOR JUDGE AND SPOUSE.
18	14		[(a) In this section, "federal judge" and "state judge" have the
19	15		meanings assigned by Section 13.0021.
20	16		[(b)] On receiving notice from the Office of Court
21	17		Administration of the Texas Judicial System of a judge's
22	18		qualification for office or on receipt of a written request from a
23	19		federal judge, state judge, or spouse of a federal or state judge,
24	20		the commission shall remove or redact the residence address of a
25	21		federal judge, a state judge, or the spouse of a federal or state
26	22		judge from any report filed by the judge in the judge's capacity or
27	23		made available on the Internet under this chapter.
28	24		SECTION 2. Sections 254.036(a) and (b), Election Code, are
29	25		amended to read as follows:
30	26		(a) Each report filed under this chapter with an authority
31	27		other than the commission must be in a format prescribed by the
32	28		commission. A report filed with the commission that is not
33	29		required to be filed electronically [by computer diskette, modem,
34	30		or other means of electronic transfer] must be on a form prescribed
35	31		by the commission and typed or written in black or blue ink [or
36	32		typed with black typewriter ribbon or, if the report is a computer
37	33		printout, the printout must conform to the same format and paper
38	34		size as the form prescribed by the commission].
39	35		(b) Except as provided by Subsection (c) or (e), each report
40	36		filed under this chapter with the commission must be filed
41	37		electronically [by computer diskette, modem, or other means of
42	38		electronic transfer,] using computer software provided by the
43	39		commission or computer software that meets commission
44	40		specifications for a standard file format.
45	41		SECTION 3. Section 255.001(b), Election Code, is amended to
46	42		read as follows:
47	43		(b) Political advertising that is authorized by a
48	44		candidate[, an agent of a candidate,] or a political committee
49	45		filing reports under this title, or an agent of a candidate or
50	46		political committee filing reports under this title, shall be
51	47		deemed to contain express advocacy.
52	48		SECTION 4. (a) Section 305.024(a), Government Code, as
53	49		amended by Chapter 206 (H.B. 1508), Acts of the 79th Legislature,
54	50		Regular Session, 2005, is reenacted to read as follows:
55	51		(a) Except as provided by Section 305.025, a person
56	52		registered under Section 305.005 or a person on the registrant's
57	53		behalf and with the registrant's consent or ratification may not
58	54		offer, confer, or agree to confer to a member of the legislative or
59	55		executive branch:
60	56		(1) a loan, including the guarantee or endorsement of
61	57		a loan;
62	58		(2) a gift of cash or a negotiable instrument as
63	59		described by Section 3.104, Business & Commerce Code;
64	60		(3) an expenditure for transportation and lodging;
65	61		(4) an expenditure or series of expenditures for
66	62		entertainment that in the aggregate exceed $500 in a calendar year;
67	63		(5) an expenditure or series of expenditures for gifts
68	64		that in the aggregate exceed $500 in a calendar year;
69	65		(6) an expenditure for an award or memento that
70	66		exceeds $500; or
71	67		(7) an expenditure described by
72	68		Section 305.006(b)(1), (2), (3), or (6) unless:
73	69		(A) the registrant is present at the event; or
74	70		(B) the expenditure is for a gift of food or
75	71		beverages required to be reported under Section 305.006(b)(4) in
76	72		accordance with Section 305.0061(e-1).
77	73		(b) Section 2, Chapter 92 (S.B. 1011), Acts of the 79th
78	74		Legislature, Regular Session, 2005, is repealed.
79	75		SECTION 5. Section 571.1223, Government Code, is amended to
80	76		read as follows:
81	77		Sec. 571.1223. DISMISSAL OF COMPLAINT FOLLOWING CORRECTED
82	78		OR AMENDED STATEMENT, REGISTRATION, OR REPORT. At any stage of a
83	79		proceeding under this subchapter, the commission shall dismiss a
84	80		complaint to the extent the complaint alleges a statement,
85	81		registration, or report violates a law or rule if:
86	82		(1) the respondent has filed a corrected or amended
87	83		statement, registration, or report before the commission accepts
88	84		jurisdiction over the complaint; [and]
89	85		(2) the corrected or amended statement, registration,
90	86		or report remedies the alleged violation; and
91	87		(3) the respondent files with the correction or
92	88		amendment an affidavit stating that any error or omission in the
93	89		statement, registration, or report as originally filed was made in
94	90		good faith.
95	91		SECTION 6. Sections 572.030(b) and (c), Government Code,
96	92		are amended to read as follows:
97	93		(b) The commission shall notify [mail to] each individual
98	94		required to file under this subchapter of [a notice that]:
99	95		(1) the requirement [states] that the individual [is
100	96		required to] file a financial statement under this subchapter;
101	97		(2) [identifies] the filing dates for the financial
102	98		statement as provided by Sections 572.026 and 572.027; and
103	99		(3) [describes] the manner in which the individual may
104	100		access instructions for filing financial statements and
105	101		electronically file the financial statement on [obtain the
106	102		financial statement forms and instructions from] the commission's
107	103		Internet website[;
108	104		[(4) states that on request of the individual, the
109	105		commission will mail to the individual a copy of the financial
110	106		statement forms and instructions; and
111	107		[(5) states, if applicable, the fee for mailing the
112	108		forms and instructions and the manner in which the individual may
113	109		pay the fee].
114	110		(c) Except as provided by commission rule, the [The] notice
115	111		required by Subsection (b) must be provided [mailed]:
116	112		(1) before the 30th day before the deadline for filing
117	113		the financial statement under Section 572.026(a) or (c), except as
118	114		otherwise provided by this subsection;
119	115		(2) not later than the 15th day after the applicable
120	116		deadline for filing an application for a place on the ballot or a
121	117		declaration of write-in candidacy for candidates required to file
122	118		under Section 572.027(a), (b), or (c);
123	119		(3) not later than the seventh day after the date of
124	120		appointment for individuals required to file under Section
125	121		572.026(b), or if the legislature is in session, sooner if
126	122		possible; and
127	123		(4) not later than the fifth day after the date the
128	124		certificate of nomination is filed for candidates required to file
129	125		under Section 572.027(d) [574.027(d)].
130	126		SECTION 7. (a) Section 572.032(a-1), Government Code, as
131	127		amended by Chapter 983 (H.B. 776), Acts of the 85th Legislature,
132	128		Regular Session, 2017, is reenacted to read as follows:
133	129		(a-1) The commission shall remove the home address, the
134	130		telephone number, and the names of the dependent children of an
135	131		individual from a financial statement filed by the individual under
136	132		this subchapter before:
137	133		(1) permitting a member of the public to view the
138	134		statement;
139	135		(2) providing a copy of the statement to a member of
140	136		the public; or
141	137		(3) making the statement available to the public on
142	138		the commission's Internet website, if the commission makes
143	139		statements filed under this subchapter available on its website.
144	140		(b) Section 15, Chapter 34 (S.B. 1576), Acts of the 85th
145	141		Legislature, Regular Session, 2017, is repealed.
146	142		SECTION 8. The following provisions of the Government Code
147	143		are repealed:
148	144		(1) Section 571.122(b-1), as added by Chapter 604
149	145		(H.B. 677), Acts of the 81st Legislature, Regular Session, 2009;
150	146		and
151	147		(2) Sections 572.030(d) and (e).
152	148		SECTION 9. Section 305.024(a), Government Code, as
153	149		reenacted by this Act, applies only to a loan, gift, or expenditure
154	150		offered, conferred, or agreed to be conferred on or after the
155	151		effective date of this Act. A loan, gift, or expenditure offered,
156	152		conferred, or agreed to be conferred before the effective date of
157	153		this Act is governed by the law in effect on the date the loan, gift,
158	154		or expenditure was offered, conferred, or agreed to be conferred,
159	155		and the former law is continued in effect for that purpose.
160	156		SECTION 10. Section 255.001(b), Election Code, as amended
161	157		by this Act, applies only to political advertising that is
162	158		published, distributed, or broadcast on or after the effective date
163	159		of this Act. The publication, distribution, or broadcasting of
164	160		political advertising before the effective date of this Act is
165	161		governed by the law in effect on the date the advertising was
166	162		published, distributed, or broadcast, and the former law is
167	163		continued in effect for that purpose.
168	164		SECTION 11. The repeal by this Act of Section 571.122(b-1),
169	165		Government Code, as added by Chapter 604 (H.B. 677), Acts of the
170	166		81st Legislature, Regular Session, 2009, applies only to a
171	167		complaint filed under Chapter 571, Government Code, on or after the
172	168		effective date of this Act. A complaint filed before the effective
173	169		date of this Act is governed by the law in effect on the date the
174	170		complaint was filed, and the former law is continued in effect for
175	171		that purpose.
176	172		SECTION 12. This Act takes effect September 1, 2021.
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