Texas 2025 - 89th Regular

Texas House Bill HB1804 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R22485~~ MZM-D
	1	+	89R5816 MZM-F
2	2		By: Tepper H.B. No. 1804
3		-	Substitute the following for H.B. No. 1804:
4		-	By: Phelan C.S.H.B. No. 1804
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to compliance with the filing requirements of certain
12		-	reports of political contributions and expenditures ~~and financial~~
13		-	~~statements, including as a~~ qualification for public elective
14		-	~~office; providing an~~ administrative penalty.
	10	+	reports of political contributions and expenditures, including as a
	11	+	qualification for public elective office; providing an
	12	+	administrative penalty.
15	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	14		SECTION 1. Subchapter A, Chapter 141, Election Code, is
17	15		amended by adding Section 141.005 to read as follows:
18		-	Sec. 141.005. FAILURE TO FILE CERTAIN FINANCIAL REPORTS AND
19		-	STATEMENTS: INELIGIBILITY AS CANDIDATE OR OFFICEHOLDER. (a) This
20		-	section:
21		-	(1) applies only to a report or financial statement
22		-	that is required to be filed under:
23		-	(A) Chapter 254 by a candidate or officeholder;
24		-	(B) Subchapter B, Chapter 572, Government Code;
25		-	(C) Chapter 145, Local Government Code; or
26		-	(D) Chapter 159, Local Government Code; and
27		-	(2) does not apply to a corrected or amended report or
28		-	statement that is considered to be late under Section 571.0771,
29		-	Government Code, for purposes of any applicable civil penalty for
30		-	late filing of the report or statement.
31		-	(b) Unless the candidate or officeholder is granted a 30-day
32		-	extension in accordance with Subsection (e), a candidate or
33		-	officeholder who fails to file a report or statement to which this
34		-	section applies before the 30th day after the date the report or
35		-	statement is due is ineligible to be a candidate for or to hold the
36		-	public office for which the report or statement is required until
37		-	the succeeding election for that office after the date the
38		-	candidate or officeholder becomes ineligible under this
39		-	subsection.
40		-	(c) If a candidate or officeholder fails to file a report or
41		-	statement to which this section applies by the date the report or
42		-	statement is due, the authority with whom the report or statement is
43		-	required to be filed may provide to the candidate or officeholder
44		-	written notice of:
45		-	(1) the candidate's or officeholder's failure to file
46		-	the report or statement; and
47		-	(2) the date by which the candidate or officeholder
48		-	must file the report or statement before the candidate or
49		-	officeholder becomes ineligible under Subsection (b) to be a
50		-	candidate for or to hold the public office for which the report or
51		-	statement is required.
52		-	(d) Unless the candidate or officeholder who is the subject
53		-	of the late report or statement is granted a 30-day extension in
54		-	accordance with Subsection (e), an authority with whom a report or
55		-	statement to which this section applies is required to be filed
56		-	shall provide written notice of each candidate or officeholder who
57		-	fails to file the report or statement before the 30th day after the
58		-	date the report or statement is due to the appropriate authority
59		-	under Section 145.003 or, if a certificate of election has been
60		-	issued, to the appropriate authority for acting on a resignation or
61		-	declination relating to the office for which the report or
62		-	statement is required. The notice must be delivered not later than
63		-	the 14th day after the date the candidate or officeholder becomes
64		-	ineligible. On receipt of the notice, the appropriate authority
65		-	shall declare the candidate or officeholder ineligible.
66		-	(e) An authority with whom a report or statement to which
67		-	this section applies is required to be filed may grant a candidate
68		-	or officeholder a 30-day extension based on an extraordinary
69		-	circumstance in accordance with rules the commission adopts.
	16	+	Sec. 141.005. FAILURE TO FILE CERTAIN FINANCIAL REPORTS:
	17	+	INELIGIBILITY AS CANDIDATE OR OFFICEHOLDER. (a) This section
	18	+	applies only to a report that is required to be filed under:
	19	+	(1) Chapter 254;
	20	+	(2) Subchapter B, Chapter 572, Government Code;
	21	+	(3) Chapter 145, Local Government Code; or
	22	+	(4) Chapter 159, Local Government Code.
	23	+	(b) A person is ineligible to be a candidate for or to hold a
	24	+	public office if the person fails to file a report to which this
	25	+	section applies before the 14th day after the date the report is
	26	+	due.
	27	+	(c) If a person fails to file a report to which this section
	28	+	applies by the date the report is due, the authority with whom the
	29	+	report is required to be filed may provide to the person written
	30	+	notice of:
	31	+	(1) the person's failure to file the report; and
	32	+	(2) the date by which the person must file the report
	33	+	before the person is declared ineligible as provided by Section
	34	+	145.003 to be a candidate for or to hold a public office.
	35	+	(d) An authority with whom a report to which this section
	36	+	applies is required to be filed shall provide written notice of each
	37	+	person who fails to file the report before the 14th day after the
	38	+	date the report is due to the appropriate authority under Section
	39	+	145.003 or, if a certificate of election has been issued, to the
	40	+	appropriate authority for acting on a resignation or declination
	41	+	relating to the office to which the person sought election. The
	42	+	notice must be delivered not later than the 20th day after the date
	43	+	the report is due. On receipt of the notice, the appropriate
	44	+	authority shall declare the person ineligible.
70	45		SECTION 2. Subchapter B, Chapter 254, Election Code, is
71	46		amended by adding Section 254.04015 to read as follows:
72	47		Sec. 254.04015. MONITORING AVAILABILITY OF CERTAIN REPORTS
73	48		ON INTERNET; ADMINISTRATIVE PENALTY. (a) The commission shall
74	49		develop procedures for monitoring the Internet websites of each
75	50		political subdivision that is required to make a report available
76	51		on the political subdivision's Internet website under Section
77	52		254.0401(b) to ensure the political subdivision is in substantial
78	53		compliance with that requirement.
79	54		(b) The commission may assess an administrative penalty in
80	55		an amount not to exceed $5,000 against a political subdivision that
81	56		is not in substantial compliance with the requirement described by
82	57		Subsection (a). Each day a political subdivision is not in
83	58		substantial compliance with that requirement constitutes a
84	59		separate violation for purposes of imposing an administrative
85	60		penalty under this subsection.
86	61		(c) The commission shall adopt rules as necessary to
87	62		implement this section, including rules defining the meaning of
88	63		substantial compliance for purposes of this section.
89	64		SECTION 3. Subtitle C, Title 5, Local Government Code, is
90	65		amended by adding Chapter 181 to read as follows:
91	66		CHAPTER 181. JUDICIAL REMOVAL OF CERTAIN PUBLIC OFFICERS
92	67		Sec. 181.001. APPLICABILITY. This chapter applies only to
93		-	a public officer who is required to file a report or financial
94		-	statement under:
	68	+	a public officer who is required to file a report under:
95	69		(1) Chapter 254, Election Code;
96	70		(2) Subchapter B, Chapter 572, Government Code;
97	71		(3) Chapter 145; or
98	72		(4) Chapter 159.
99	73		Sec. 181.002. GROUNDS FOR REMOVAL. In addition to any other
100	74		law under which the officer may be removed, a public officer to whom
101	75		this chapter applies may be removed from office if the officer is
102	76		ineligible to hold the office under Section 141.005, Election Code.
103	77		Sec. 181.003. PROCEDURES FOR REMOVAL. A public officer to
104	78		whom this chapter applies may be removed from office under this
105	79		chapter using the same procedures for removing a county officer
106	80		under Subchapter B, Chapter 87.
107	81		SECTION 4. Section 141.005, Election Code, as added by this
108	82		Act, applies only to the eligibility of a person to be a candidate
109	83		for an office for which an application for a place on the ballot is
110	84		required to be filed on or after January 1, 2026.
111	85		SECTION 5. The changes in law made by this Act apply only to
112	86		a report under Chapter 254, Election Code, that is required to be
113	87		filed on or after the effective date of this Act. A report under
114	88		that chapter that is required to be filed before the effective date
115	89		of this Act is governed by the law in effect on the date the report
116	90		is required to be filed, and the former law is continued in effect
117	91		for that purpose.
118	92		SECTION 6. (a) Not later than December 1, 2025, the Texas
119	93		Ethics Commission shall adopt rules as required by Section
120	94		254.04015, Election Code, as added by this Act.
121	95		(b) Notwithstanding Section 254.04015, Election Code, as
122	96		added by this Act, a political subdivision is not subject to an
123	97		administrative penalty under that section before January 1, 2026.
124	98		SECTION 7. This Act takes effect September 1, 2025.