By: Creighton S.B. No. 3014
A BILL TO BE ENTITLED
AN ACT
relating to the ability to assess penalties by the Texas Ethics
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 561.0631, Government Code, is amended to
read as follows:
Sec. 571.0631. RULES CONCERNING TECHNICAL AND CLERICAL
ERRORS [VIOLATIONS]. (a) The commission shall adopt rules
prescribing procedures for [investigating and] resolving technical
and clerical errors on [violations of laws within the commission's
jurisdiction. For] registrations and reports filed under laws
within the commission's jurisdiction [Chapter 305, the commission
shall consider clerical violations to include obvious
typographical errors].
(b) Rules adopted under this section must:
(1) clearly outline the types of technical and
clerical errors on registrations and reports filed; and
(2) the time and manner for correcting these types of
errors.
(c) The commission may not assess a penalty or fine for
technical or clerical errors. A registrant filing a registration or
report shall [under Chapter 305 may] correct obvious typographical
errors [without penalty] by filing either a corrected registration
or report or an updated or amended registration or report.
SECTION 2. Section 571.173, Government Code, is amended to
read as follows:
(a) The commission may impose a civil penalty of not more
than $5,000 or triple the amount at issue under a law administered
and enforced by the commission, whichever amount is more, for a
delay in complying with a commission order or for a violation of a
law administered and enforced by the commission.
(b) The commission may not impose a civil penalty except for
knowing violations of laws within the jurisdiction of the
commission. A violation is presumed to not be knowing if the amount
at issue is less than $500.
SECTION 3. The heading to Section 571.1731, Government
Code, is amended to read as follows:
Sec. 571.1731. WAIVER OR REDUCTION OF A [LATE FILING]
PENALTY.
SECTION 4. Section 571.1731(a) is amended to read as
follows:
a) A person may request the waiver or reduction of a civil
penalty [under Section 305.033(b) or 572.033(b) of this code or
Section 254.042(b), Election Code,] by submitting an affidavit to
the executive director that states the filer's reasons for
requesting a waiver or reduction.
SECTION 5. Section 572.033, Government Code, is amended to
read as follows:
(a) The commission shall determine from any available
evidence whether a statement required to be filed under this
subchapter is late. On making a determination that the statement is
late, the commission shall immediately mail a notice of the
determination to the individual responsible for filing the
statement [and to the appropriate attorney for the state].
(b) If a statement is determined to be late, the individual
responsible for filing the statement is liable to the state for a
civil penalty of $500. [If a statement is more than 30 days late,
the commission shall issue a warning of liability by registered
mail to the individual responsible for the filing. If the penalty
is not paid before the 10th day after the date on which the warning
is received, the individual is liable for a civil penalty in an
amount determined by commission rule, but not to exceed $10,000.
(c) This section is cumulative of any other available
sanction for a late filing of a sworn statement.]
SECTION 6. Section 572.034(a), Government Code, is amended
to read as follows:
(a) An individual commits an offense if the individual is a
state officer or candidate or state party chair and knowingly and
wilfully fails to file a financial statement on three separate
occasions as required by this subchapter.
The following provisions of the Government Code are repealed:
(1) Section 571.079; and
(2) Section 572.007.
SECTION 7. This Act takes effect September 1, 2025.