By: Goldman (Senate Sponsor - Hughes) H.B. No. 3906
(In the Senate - Received from the House May 17, 2021;
May 17, 2021, read first time and referred to Committee on State
Affairs; May 21, 2021, reported favorably by the following vote:
Yeas 9, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of political funds, campaigns, and
lobbying, including certain functions and procedures of the Texas
Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.0313, Election Code, is amended to
read as follows:
Sec. 254.0313. OMISSION OF ADDRESS FOR JUDGE AND SPOUSE.
[(a) In this section, "federal judge" and "state judge" have the
meanings assigned by Section 13.0021.
[(b)] On receiving notice from the Office of Court
Administration of the Texas Judicial System of a judge's
qualification for office or on receipt of a written request from a
federal judge, state judge, or spouse of a federal or state judge,
the commission shall remove or redact the residence address of a
federal judge, a state judge, or the spouse of a federal or state
judge from any report filed by the judge in the judge's capacity or
made available on the Internet under this chapter.
SECTION 2. Sections 254.036(a) and (b), 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 typed or written in black or blue 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.
SECTION 3. Section 255.001(b), Election Code, is amended to
read as follows:
(b) Political advertising that is authorized by a
candidate[, an agent of a candidate,] or a political committee
filing reports under this title, or an agent of a candidate or
political committee filing reports under this title, shall be
deemed to contain express advocacy.
SECTION 4. (a) Section 305.024(a), Government Code, as
amended by Chapter 206 (H.B. 1508), Acts of the 79th Legislature,
Regular Session, 2005, is reenacted to read as follows:
(a) Except as provided by Section 305.025, a person
registered under Section 305.005 or a person on the registrant's
behalf and with the registrant's consent or ratification may not
offer, confer, or agree to confer to a member of the legislative or
executive branch:
(1) a loan, including the guarantee or endorsement of
a loan;
(2) a gift of cash or a negotiable instrument as
described by Section 3.104, Business & Commerce Code;
(3) an expenditure for transportation and lodging;
(4) an expenditure or series of expenditures for
entertainment that in the aggregate exceed $500 in a calendar year;
(5) an expenditure or series of expenditures for gifts
that in the aggregate exceed $500 in a calendar year;
(6) an expenditure for an award or memento that
exceeds $500; or
(7) an expenditure described by
Section 305.006(b)(1), (2), (3), or (6) unless:
(A) the registrant is present at the event; or
(B) the expenditure is for a gift of food or
beverages required to be reported under Section 305.006(b)(4) in
accordance with Section 305.0061(e-1).
(b) Section 2, Chapter 92 (S.B. 1011), Acts of the 79th
Legislature, Regular Session, 2005, is repealed.
SECTION 5. Section 571.1223, Government Code, is amended to
read as follows:
Sec. 571.1223. DISMISSAL OF COMPLAINT FOLLOWING CORRECTED
OR AMENDED STATEMENT, REGISTRATION, OR REPORT. At any stage of a
proceeding under this subchapter, the commission shall dismiss a
complaint to the extent the complaint alleges a statement,
registration, or report violates a law or rule if:
(1) the respondent has filed a corrected or amended
statement, registration, or report before the commission accepts
jurisdiction over the complaint; [and]
(2) the corrected or amended statement, registration,
or report remedies the alleged violation; and
(3) the respondent files with the correction or
amendment an affidavit stating that any error or omission in the
statement, registration, or report as originally filed was made in
good faith.
SECTION 6. Sections 572.030(b) and (c), Government Code,
are amended to read as follows:
(b) The commission shall notify [mail to] each individual
required to file under this subchapter of [a notice that]:
(1) the requirement [states] that the individual [is
required to] file a financial statement under this subchapter;
(2) [identifies] the filing dates for the financial
statement as provided by Sections 572.026 and 572.027; and
(3) [describes] the manner in which the individual may
access instructions for filing financial statements and
electronically file the financial statement on [obtain the
financial statement forms and instructions from] the commission's
Internet website[;
[(4) states that on request of the individual, the
commission will mail to the individual a copy of the financial
statement forms and instructions; and
[(5) states, if applicable, the fee for mailing the
forms and instructions and the manner in which the individual may
pay the fee].
(c) Except as provided by commission rule, the [The] notice
required by Subsection (b) must be provided [mailed]:
(1) before the 30th day before the deadline for filing
the financial statement under Section 572.026(a) or (c), except as
otherwise provided by this subsection;
(2) not later than the 15th day after the applicable
deadline for filing an application for a place on the ballot or a
declaration of write-in candidacy for candidates required to file
under Section 572.027(a), (b), or (c);
(3) not later than the seventh day after the date of
appointment for individuals required to file under Section
572.026(b), or if the legislature is in session, sooner if
possible; and
(4) not later than the fifth day after the date the
certificate of nomination is filed for candidates required to file
under Section 572.027(d) [574.027(d)].
SECTION 7. (a) Section 572.032(a-1), Government Code, as
amended by Chapter 983 (H.B. 776), Acts of the 85th Legislature,
Regular Session, 2017, is reenacted to read as follows:
(a-1) The commission shall remove the home address, the
telephone number, and the names of the dependent children of an
individual from a financial statement filed by the individual under
this subchapter before:
(1) permitting a member of the public to view the
statement;
(2) providing a copy of the statement to a member of
the public; or
(3) making the statement available to the public on
the commission's Internet website, if the commission makes
statements filed under this subchapter available on its website.
(b) Section 15, Chapter 34 (S.B. 1576), Acts of the 85th
Legislature, Regular Session, 2017, is repealed.
SECTION 8. The following provisions of the Government Code
are repealed:
(1) Section 571.122(b-1), as added by Chapter 604
(H.B. 677), Acts of the 81st Legislature, Regular Session, 2009;
and
(2) Sections 572.030(d) and (e).
SECTION 9. Section 305.024(a), Government Code, as
reenacted by this Act, applies only to a loan, gift, or expenditure
offered, conferred, or agreed to be conferred on or after the
effective date of this Act. A loan, gift, or expenditure offered,
conferred, or agreed to be conferred before the effective date of
this Act is governed by the law in effect on the date the loan, gift,
or expenditure was offered, conferred, or agreed to be conferred,
and the former law is continued in effect for that purpose.
SECTION 10. Section 255.001(b), Election Code, as amended
by this Act, applies only to political advertising that is
published, distributed, or broadcast on or after the effective date
of this Act. The publication, distribution, or broadcasting of
political advertising before the effective date of this Act is
governed by the law in effect on the date the advertising was
published, distributed, or broadcast, and the former law is
continued in effect for that purpose.
SECTION 11. The repeal by this Act of Section 571.122(b-1),
Government Code, as added by Chapter 604 (H.B. 677), Acts of the
81st Legislature, Regular Session, 2009, applies only to a
complaint filed under Chapter 571, Government Code, on or after the
effective date of this Act. A complaint filed before the effective
date of this Act is governed by the law in effect on the date the
complaint was filed, and the former law is continued in effect for
that purpose.
SECTION 12. This Act takes effect September 1, 2021.
* * * * *