Texas 2025 - 89th Regular

Texas House Bill HB5182 Compare Versions

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1	1		By: Zwiener H.B. No. 5182
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to civil penalties imposed by the Texas Ethics Commission,
7	9		including the collection of and eligibility for public elective
8	10		office of persons liable for those penalties.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 141.001(a), Election Code, is amended to
11	13		read as follows:
12	14		(a) To be eligible to be a candidate for, or elected or
13	15		appointed to, a public elective office in this state, a person must:
14	16		(1) be a United States citizen;
15	17		(2) be 18 years of age or older on the first day of the
16	18		term to be filled at the election or on the date of appointment, as
17	19		applicable;
18	20		(3) have not been determined by a final judgment of a
19	21		court exercising probate jurisdiction to be:
20	22		(A) totally mentally incapacitated; or
21	23		(B) partially mentally incapacitated without the
22	24		right to vote;
23	25		(4) have not been finally convicted of a felony from
24	26		which the person has not been pardoned or otherwise released from
25	27		the resulting disabilities;
26	28		(5) have resided continuously in the state for 12
27	29		months and in the territory from which the office is elected for six
28	30		months immediately preceding the following date:
29	31		(A) for a candidate whose name is to appear on a
30	32		general primary election ballot, the date of the regular filing
31	33		deadline for a candidate's application for a place on the ballot;
32	34		(B) for an independent candidate, the date of the
33	35		regular filing deadline for a candidate's application for a place
34	36		on the ballot;
35	37		(C) for a write-in candidate, the date of the
36	38		election at which the candidate's name is written in;
37	39		(D) for a party nominee who is nominated by any
38	40		method other than by primary election, the date the nomination is
39	41		made; and
40	42		(E) for an appointee to an office, the date the
41	43		appointment is made;
42	44		(6) on the date described by Subdivision (5), be
43	45		registered to vote in the territory from which the office is
44	46		elected; [and]
45	47		(7) satisfy any other eligibility requirements
46	48		prescribed by law for the office; and
47	49		(8) have paid in full any civil penalty or fine the
48	50		Texas Ethics Commission has imposed:
49	51		(A) prior to the first date of the regular filing
50	52		period for a candidate's application for a place on the ballot if
51	53		the office is to be filled by an election; or
52	54		(B) prior to the date of appointment if the
53	55		office is to be filled by an appointment.
54	56		SECTION 2. Section 253.035, Election Code, is amended by
55	57		adding Subsection (c-1) to read as follows:
56	58		(c-1) The prohibitions prescribed by Subsections (a) and
57	59		(b) include the personal use of a political contribution to pay a
58	60		civil penalty or fine the commission imposes.
59	61		SECTION 3. Section 254.042(b), Election Code, is amended to
60	62		read as follows:
61	63		(b) If a report other than a report under Section
62	64		254.064(c), 254.124(c), or 254.154(c) or the first report under
63	65		Section 254.063 or 254.123 that is required to be filed following
64	66		the primary or general election is determined to be late, the person
65	67		required to file the report is liable to the state for a civil
66	68		penalty of $1,001 [$500]. If a report under Section 254.064(c),
67	69		254.124(c), or 254.154(c) or the first report under Section 254.063
68	70		or 254.153 that is required to be filed following the primary or
69	71		general election is determined to be late, the person required to
70	72		file the report is liable to the state for a civil penalty of $1,001
71	73		[$500] for the first day the report is late and $100 for each day
72	74		thereafter that the report is late. If a report is more than 30 days
73	75		late, the commission shall issue a warning of liability by
74	76		registered mail to the person required to file the report. If the
75	77		penalty is not paid before the 10th day after the date on which the
76	78		warning is received, the person is liable for a civil penalty in an
77	79		amount determined by commission rule, but not to exceed $10,000.
78	80		SECTION 4. Section 402.0212, Government Code, is amended by
79	81		adding Subsection (g) to read as follows:
80	82		(g) This section does not apply to the Texas Ethics
81	83		Commission.
82	84		SECTION 5. Subchapter C, Chapter 571, Government Code, is
83	85		amended by adding Sections 571.080 and 571.081 to read as follows:
84	86		Sec. 571.080. USE OF APPROPRIATED MONEY TO RETAIN OUTSIDE
85	87		COUNSEL. Notwithstanding any other law, the commission:
86	88		(1) may use appropriated money to contract with
87	89		outside legal counsel for the purpose of collecting a civil penalty
88	90		the commission imposes; and
89	91		(2) is not required to request or obtain approval from
90	92		the attorney general before contracting with outside legal counsel
91	93		under Subdivision (1).
92	94		Sec. 571.081. DEPOSIT OF CIVIL PENALTIES TO GENERAL REVENUE
93	95		FUND. (a) The comptroller shall deposit to the credit of the
94	96		general revenue fund the proceeds from a civil penalty collected
95	97		for a violation of a law the commission administers and enforces and
96	98		that is not paid voluntarily.
97	99		(b) Money the comptroller deposits to the credit of the
98	100		general revenue fund under this section may only be appropriated to
99	101		the commission for the purpose of collecting civil penalties for a
100	102		violation of a law the commission administers and enforces.
101	103		SECTION 6. Section 2107.003, Government Code, is amended by
102	104		amending Subsections (a), (d), (e), (g), (h), and (i) and adding
103	105		Subsections (k) and (l) to read as follows:
104	106		(a) Except as provided by Subsection (c), [or] (c-1), (k),
105	107		or (l), a state agency shall refer an uncollected and delinquent
106	108		obligation that meets the referral guidelines established by the
107	109		attorney general to the attorney general for further collection
108	110		efforts. The state agency must refer the obligation on or before the
109	111		90th day after the date the obligation becomes past due or
110	112		delinquent.
111	113		(d) The agency contracting under Subsection (b), [or] (c),
112	114		(k), or (l) is entitled to recover from the obligor, in addition to
113	115		the amount of the obligation, reasonable costs incurred in
114	116		undertaking the collection, including the costs of a contract under
115	117		this section, in an amount not to exceed 30 percent of the total
116	118		amount of the obligation.
117	119		(e) A person awarded a contract under Subsection (b), (c),
118	120		[or] (c-1), (k), or (l) may not file suit or otherwise pursue
119	121		judicial action to collect the obligation owed in a court of this
120	122		state or another state on behalf of the contracting state agency.
121	123		(g) The contracting state agency may provide a person
122	124		contracting under Subsection (b), (c), [or] (c-1), (k), or (l) any
123	125		information, including confidential information, that the agency
124	126		is not prohibited from sharing with another state or with the United
125	127		States and that is:
126	128		(1) in the custody of the agency owed the obligation;
127	129		and
128	130		(2) necessary to the collection of the obligation.
129	131		(h) A person acting under a contract formed under Subsection
130	132		(b), (c), [or] (c-1), (k), or (l) and each employee or agent of that
131	133		person is subject to all statutory prohibitions against the
132	134		wrongful disclosure of confidential information that the
133	135		contracting state agency and its employees are subject to. A
134	136		contractor's employee is subject to the same penalties for wrongful
135	137		disclosure of confidential information as would apply to the
136	138		employees of the contracting agency.
137	139		(i) The contracting agency shall require a person who
138	140		contracts under Subsection (b), (c), [or] (c-1), (k), or (l) to
139	141		obtain and maintain insurance adequate to provide reasonable
140	142		coverage for damages negligently, recklessly, or intentionally
141	143		caused by the contractor or the contractor's employee or agent in
142	144		the course of collecting an obligation under the contract.
143	145		(k) The Texas Ethics Commission may employ, retain, or
144	146		contract with a person other than a full-time state employee to
145	147		collect delinquent obligations owed to the commission in the
146	148		commission's official capacity. The commission may use money
147	149		appropriated to the commission for the purpose of enforcing laws
148	150		administered and enforced by the commission to employ, retain, or
149	151		contract with a person under this subsection. A person contracted
150	152		under this subsection is entitled to a collection fee, as provided
151	153		under the contract, in an amount not to exceed 30 percent of the
152	154		full amount of the obligation collected.
153	155		(l) The Texas Ethics Commission may contract with one or
154	156		more persons to collect delinquent obligations that have been
155	157		referred to the attorney general if the attorney general has
156	158		returned the matter to the commission after exhausting all
157	159		reasonable efforts or has not taken action to collect the
158	160		obligation before the sixth month after the date the attorney
159	161		general received the referral. A person contracted under this
160	162		subsection is entitled to a collection fee equal to 30 percent of
161	163		the full amount of the obligation collected.
162	164		SECTION 7. Section 254.042, Election Code, as amended by
163	165		this Act, applies only to a report that is required to be filed
164	166		under Chapter 254, Election Code, on or after the effective date of
165	167		this Act. A report under that chapter that is required to be filed
166	168		before the effective date of this Act is governed by the law in
167	169		effect on the date the report was required to be filed, and the
168	170		former law is continued in effect for that purpose.
169	171		SECTION 8. This Act takes effect September 1, 2025.