BILL ANALYSIS Senate Research Center S.B. 3014 By: Creighton State Affairs 4/8/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 3014 makes changes to the scope of the penalties that the Texas Ethics Commission (TEC) is able to assess on campaign filers. The bill aims to create a fairer system that distinguishes between intentional misconduct and simple mistakes in campaign filings. This bill does the following key things: Technical Errors Requires that TEC adopt rules clearly outlining the types of technical and clerical errors and the time and matter for correcting such errors. Prohibits TEC from assessing penalties for technical or clerical errors. Civil Penalties Requires a violation to be "knowing" for a civil penalty to be assessed. Presumes that an error is not knowing if the amount at issue is less than $500. Limits the civil penalty for a late filing to $500. Criminal Penalties Requires the failure to file a financial statement on three separate occasions before it becomes a criminal offense. Strikes the requirement that TEC refer a late filing to the state prosecuting attorney. As proposed, S.B. 3014 amends current law relating to the ability to assess penalties by the Texas Ethics Commission. RULEMAKING AUTHORITY Rulemaking authority previously granted to the Texas Ethics Commission is modified in SECTION 1 (Section 571.0631, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 561.0631, Government Code, as follows: Sec. 571.0631. New heading: RULES CONCERNING TECHNICAL AND CLERICAL ERRORS. (a) Creates this subsection from existing text. Requires the Texas Ethics Commission (TEC) to adopt rules prescribing procedures for resolving technical and clerical errors on registrations and reports filed under laws within TEC's jurisdiction. Deletes existing text requiring TEC to adopt rules prescribing procedures for investigating technical and clerical violations of laws within TEC's jurisdiction. Deletes existing text requiring TEC, for registrations and reports filed under Chapter 305 (Registration of Lobbyists), to consider clerical violations to include obvious typographical errors. (b) Requires that rules adopted under this section clearly outline the types of technical and clerical errors on registrations and reports filed and the time and manner for correcting these types of errors. (c) Creates this subsection from existing text. Prohibits TEC from assessing a penalty or fine for technical or clerical errors. Requires a registrant filing a registration or report, rather than authorizes a registrant filing a registration or report under Chapter 305, to correct obvious typographical errors, rather than to correct obvious typographical errors without penalty, by filing either a corrected registration or report or an updated or amended registration or report. SECTION 2. Amends Section 571.173, Government Code, as follows: (a) Creates this subsection from existing text and makes no further changes. (b) Prohibits TEC from imposing a civil penalty except for knowing violations of laws within the jurisdiction of TEC. Provides that a violation is presumed to not be knowing if the amount at issue is less than $500. SECTION 3. Amends the heading to Section 571.1731, Government Code, to read as follows: Sec. 571.1731. WAIVER OR REDUCTION OF A PENALTY. SECTION 4. Amends Section 571.1731(a), to delete existing text authorizing a person to request the waiver or reduction of a civil penalty under Section 305.033(b) (relating to if a registration or report is determined to be late) or 572.033(b) (relating to if a statement is determined to be late) of this code or Section 254.042(b) (relating to if a report other than a report under certain sections that is required to be filed following the primary or general election is determined to be late), Election Code, by submitting an affidavit to the executive director that states the filer's reasons for requesting a waiver or reduction. SECTION 5. Amends Section 572.033, Government Code, as follows: (a) Deletes existing text requiring TEC, on making a determination that the statement is late, to immediately mail a notice of the determination to the appropriate attorney for the state. (b) Deletes existing text requiring TEC, if a statement is more than 30 days late, to issue a warning of liability by registered mail to the individual responsible for the filing. Deletes existing text providing that, 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 TEC rule, but not to exceed $10,000. Deletes text of existing Subsection (c) providing that Section 572.033 (Civil Penalty) is cumulative of any other available sanction for a late filing of a sworn statement. SECTION 6. Amends Section 572.034(a), Government Code, as follows: (a) Provides that 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 Subchapter B (Personal Financial Statement). Repealers: Sections 571.079 (Posting Information Relating to Unpaid Penalties on Website) and 572.007 (Penalties Imposed by Commission), Government Code. SECTION 7. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 3014
By: Creighton
State Affairs
4/8/2025
As Filed
Senate Research Center
S.B. 3014
By: Creighton
State Affairs
4/8/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 3014 makes changes to the scope of the penalties that the Texas Ethics Commission (TEC) is able to assess on campaign filers. The bill aims to create a fairer system that distinguishes between intentional misconduct and simple mistakes in campaign filings.
This bill does the following key things:
Technical Errors
Requires that TEC adopt rules clearly outlining the types of technical and clerical errors and the time and matter for correcting such errors.
Prohibits TEC from assessing penalties for technical or clerical errors.
Civil Penalties
Requires a violation to be "knowing" for a civil penalty to be assessed.
Presumes that an error is not knowing if the amount at issue is less than $500.
Limits the civil penalty for a late filing to $500.
Criminal Penalties
Requires the failure to file a financial statement on three separate occasions before it becomes a criminal offense.
Strikes the requirement that TEC refer a late filing to the state prosecuting attorney.
As proposed, S.B. 3014 amends current law relating to the ability to assess penalties by the Texas Ethics Commission.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the Texas Ethics Commission is modified in SECTION 1 (Section 571.0631, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 561.0631, Government Code, as follows:
Sec. 571.0631. New heading: RULES CONCERNING TECHNICAL AND CLERICAL ERRORS. (a) Creates this subsection from existing text. Requires the Texas Ethics Commission (TEC) to adopt rules prescribing procedures for resolving technical and clerical errors on registrations and reports filed under laws within TEC's jurisdiction.
Deletes existing text requiring TEC to adopt rules prescribing procedures for investigating technical and clerical violations of laws within TEC's jurisdiction. Deletes existing text requiring TEC, for registrations and reports filed under Chapter 305 (Registration of Lobbyists), to consider clerical violations to include obvious typographical errors.
(b) Requires that rules adopted under this section clearly outline the types of technical and clerical errors on registrations and reports filed and the time and manner for correcting these types of errors.
(c) Creates this subsection from existing text. Prohibits TEC from assessing a penalty or fine for technical or clerical errors. Requires a registrant filing a registration or report, rather than authorizes a registrant filing a registration or report under Chapter 305, to correct obvious typographical errors, rather than to correct obvious typographical errors without penalty, by filing either a corrected registration or report or an updated or amended registration or report.
SECTION 2. Amends Section 571.173, Government Code, as follows:
(a) Creates this subsection from existing text and makes no further changes.
(b) Prohibits TEC from imposing a civil penalty except for knowing violations of laws within the jurisdiction of TEC. Provides that a violation is presumed to not be knowing if the amount at issue is less than $500.
SECTION 3. Amends the heading to Section 571.1731, Government Code, to read as follows:
Sec. 571.1731. WAIVER OR REDUCTION OF A PENALTY.
SECTION 4. Amends Section 571.1731(a), to delete existing text authorizing a person to request the waiver or reduction of a civil penalty under Section 305.033(b) (relating to if a registration or report is determined to be late) or 572.033(b) (relating to if a statement is determined to be late) of this code or Section 254.042(b) (relating to if a report other than a report under certain sections that is required to be filed following the primary or general election is determined to be late), Election Code, by submitting an affidavit to the executive director that states the filer's reasons for requesting a waiver or reduction.
SECTION 5. Amends Section 572.033, Government Code, as follows:
(a) Deletes existing text requiring TEC, on making a determination that the statement is late, to immediately mail a notice of the determination to the appropriate attorney for the state.
(b) Deletes existing text requiring TEC, if a statement is more than 30 days late, to issue a warning of liability by registered mail to the individual responsible for the filing. Deletes existing text providing that, 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 TEC rule, but not to exceed $10,000.
Deletes text of existing Subsection (c) providing that Section 572.033 (Civil Penalty) is cumulative of any other available sanction for a late filing of a sworn statement.
SECTION 6. Amends Section 572.034(a), Government Code, as follows:
(a) Provides that 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 Subchapter B (Personal Financial Statement).
Repealers: Sections 571.079 (Posting Information Relating to Unpaid Penalties on Website) and 572.007 (Penalties Imposed by Commission), Government Code.
SECTION 7. Effective date: September 1, 2025.