89R5816 MZM-F
By: Tepper H.B. No. 1804
A BILL TO BE ENTITLED
AN ACT
relating to compliance with the filing requirements of certain
reports of political contributions and expenditures, including as a
qualification for public elective office; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 141, Election Code, is
amended by adding Section 141.005 to read as follows:
Sec. 141.005. FAILURE TO FILE CERTAIN FINANCIAL REPORTS:
INELIGIBILITY AS CANDIDATE OR OFFICEHOLDER. (a) This section
applies only to a report that is required to be filed under:
(1) Chapter 254;
(2) Subchapter B, Chapter 572, Government Code;
(3) Chapter 145, Local Government Code; or
(4) Chapter 159, Local Government Code.
(b) A person is ineligible to be a candidate for or to hold a
public office if the person fails to file a report to which this
section applies before the 14th day after the date the report is
due.
(c) If a person fails to file a report to which this section
applies by the date the report is due, the authority with whom the
report is required to be filed may provide to the person written
notice of:
(1) the person's failure to file the report; and
(2) the date by which the person must file the report
before the person is declared ineligible as provided by Section
145.003 to be a candidate for or to hold a public office.
(d) An authority with whom a report to which this section
applies is required to be filed shall provide written notice of each
person who fails to file the report before the 14th day after the
date the report is due to the appropriate authority under Section
145.003 or, if a certificate of election has been issued, to the
appropriate authority for acting on a resignation or declination
relating to the office to which the person sought election. The
notice must be delivered not later than the 20th day after the date
the report is due. On receipt of the notice, the appropriate
authority shall declare the person ineligible.
SECTION 2. Subchapter B, Chapter 254, Election Code, is
amended by adding Section 254.04015 to read as follows:
Sec. 254.04015. MONITORING AVAILABILITY OF CERTAIN REPORTS
ON INTERNET; ADMINISTRATIVE PENALTY. (a) The commission shall
develop procedures for monitoring the Internet websites of each
political subdivision that is required to make a report available
on the political subdivision's Internet website under Section
254.0401(b) to ensure the political subdivision is in substantial
compliance with that requirement.
(b) The commission may assess an administrative penalty in
an amount not to exceed $5,000 against a political subdivision that
is not in substantial compliance with the requirement described by
Subsection (a). Each day a political subdivision is not in
substantial compliance with that requirement constitutes a
separate violation for purposes of imposing an administrative
penalty under this subsection.
(c) The commission shall adopt rules as necessary to
implement this section, including rules defining the meaning of
substantial compliance for purposes of this section.
SECTION 3. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 181 to read as follows:
CHAPTER 181. JUDICIAL REMOVAL OF CERTAIN PUBLIC OFFICERS
Sec. 181.001. APPLICABILITY. This chapter applies only to
a public officer who is required to file a report under:
(1) Chapter 254, Election Code;
(2) Subchapter B, Chapter 572, Government Code;
(3) Chapter 145; or
(4) Chapter 159.
Sec. 181.002. GROUNDS FOR REMOVAL. In addition to any other
law under which the officer may be removed, a public officer to whom
this chapter applies may be removed from office if the officer is
ineligible to hold the office under Section 141.005, Election Code.
Sec. 181.003. PROCEDURES FOR REMOVAL. A public officer to
whom this chapter applies may be removed from office under this
chapter using the same procedures for removing a county officer
under Subchapter B, Chapter 87.
SECTION 4. Section 141.005, Election Code, as added by this
Act, applies only to the eligibility of a person to be a candidate
for an office for which an application for a place on the ballot is
required to be filed on or after January 1, 2026.
SECTION 5. The changes in law made by this Act apply only to
a report under Chapter 254, Election Code, that is required to be
filed on or after the effective date of this Act. A report under
that chapter that is required to be filed before the effective date
of this Act is governed by the law in effect on the date the report
is required to be filed, and the former law is continued in effect
for that purpose.
SECTION 6. (a) Not later than December 1, 2025, the Texas
Ethics Commission shall adopt rules as required by Section
254.04015, Election Code, as added by this Act.
(b) Notwithstanding Section 254.04015, Election Code, as
added by this Act, a political subdivision is not subject to an
administrative penalty under that section before January 1, 2026.
SECTION 7. This Act takes effect September 1, 2025.