TX
Texas Senate Bill SB3014

Texas 2025 - 89th Regular

Texas Senate Bill SB3014 Compare Versions

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11 By: Creighton S.B. No. 3014
2- (In the Senate - Filed March 14, 2025; April 7, 2025, read
3- first time and referred to Committee on State Affairs;
4- April 16, 2025, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 8, Nays 1; April 16, 2025,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 3014 By: Hall
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136 A BILL TO BE ENTITLED
147 AN ACT
15- relating to the regulation of technical and clerical errors
16- contained in registrations and reports filed with the Texas Ethics
17- Commission and the commission's authority regarding the imposition
18- of certain penalties.
8+ relating to the ability to assess penalties by the Texas Ethics
9+ Commission.
1910 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
20- SECTION 1. Section 571.0631, Government Code, is amended to
11+ SECTION 1. Section 561.0631, Government Code, is amended to
2112 read as follows:
2213 Sec. 571.0631. RULES CONCERNING TECHNICAL AND CLERICAL
2314 ERRORS [VIOLATIONS]. (a) The commission shall adopt rules
2415 prescribing procedures for [investigating and] resolving technical
25- and clerical errors contained in [violations of laws within the
26- commission's jurisdiction. For] registrations and reports filed
27- under laws within the commission's jurisdiction [Chapter 305, the
28- commission shall consider clerical violations to include obvious
29- typographical errors]. The rules must clearly outline:
30- (1) the types of errors that constitute a technical or
31- clerical error; and
32- (2) the time and manner for correcting a technical or
33- clerical error.
34- (b) A registrant filing a registration or report shall
35- [under Chapter 305 may] correct obvious typographical errors
36- [without penalty] by filing either a corrected registration or
37- report or an updated or amended registration or report.
38- (c) Notwithstanding any other law, the commission may not
39- assess a penalty or fine against a person who files a registration
40- or report that contains a technical or clerical error based solely
41- on the error.
16+ and clerical errors on [violations of laws within the commission's
17+ jurisdiction. For] registrations and reports filed under laws
18+ within the commission's jurisdiction [Chapter 305, the commission
19+ shall consider clerical violations to include obvious
20+ typographical errors].
21+ (b) Rules adopted under this section must:
22+ (1) clearly outline the types of technical and
23+ clerical errors on registrations and reports filed; and
24+ (2) the time and manner for correcting these types of
25+ errors.
26+ (c) The commission may not assess a penalty or fine for
27+ technical or clerical errors. A registrant filing a registration or
28+ report shall [under Chapter 305 may] correct obvious typographical
29+ errors [without penalty] by filing either a corrected registration
30+ or report or an updated or amended registration or report.
4231 SECTION 2. Section 571.173, Government Code, is amended to
4332 read as follows:
44- Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. (a)
45- The commission may impose a civil penalty of not more than $5,000 or
46- triple the amount at issue under a law administered and enforced by
47- the commission, whichever amount is more, for a delay in complying
48- with a commission order or for a violation of a law administered and
49- enforced by the commission.
50- (b) Notwithstanding any other law, the commission may only
51- impose a civil penalty for a violation of a law administered and
52- enforced by the commission if the violation is committed knowingly.
53- For purposes of this subsection, a violation is presumed to have not
54- been committed knowingly if the amount at issue is less than $500.
33+ (a) The commission may impose a civil penalty of not more
34+ than $5,000 or triple the amount at issue under a law administered
35+ and enforced by the commission, whichever amount is more, for a
36+ delay in complying with a commission order or for a violation of a
37+ law administered and enforced by the commission.
38+ (b) The commission may not impose a civil penalty except for
39+ knowing violations of laws within the jurisdiction of the
40+ commission. A violation is presumed to not be knowing if the amount
41+ at issue is less than $500.
5542 SECTION 3. The heading to Section 571.1731, Government
5643 Code, is amended to read as follows:
57- Sec. 571.1731. WAIVER OR REDUCTION OF [LATE FILING]
44+ Sec. 571.1731. WAIVER OR REDUCTION OF A [LATE FILING]
5845 PENALTY.
59- SECTION 4. Section 571.1731(a), Government Code, is amended
60- to read as follows:
61- (a) A person may request the waiver or reduction of a civil
46+ SECTION 4. Section 571.1731(a) is amended to read as
47+ follows:
48+ a) A person may request the waiver or reduction of a civil
6249 penalty [under Section 305.033(b) or 572.033(b) of this code or
6350 Section 254.042(b), Election Code,] by submitting an affidavit to
6451 the executive director that states the filer's reasons for
6552 requesting a waiver or reduction.
66- SECTION 5. Sections 572.033(a) and (b), Government Code,
67- are amended to read as follows:
53+ SECTION 5. Section 572.033, Government Code, is amended to
54+ read as follows:
6855 (a) The commission shall determine from any available
6956 evidence whether a statement required to be filed under this
7057 subchapter is late. On making a determination that the statement is
7158 late, the commission shall immediately mail a notice of the
7259 determination to the individual responsible for filing the
7360 statement [and to the appropriate attorney for the state].
7461 (b) If a statement is determined to be late, the individual
7562 responsible for filing the statement is liable to the state for a
7663 civil penalty of $500. [If a statement is more than 30 days late,
7764 the commission shall issue a warning of liability by registered
7865 mail to the individual responsible for the filing. If the penalty
7966 is not paid before the 10th day after the date on which the warning
8067 is received, the individual is liable for a civil penalty in an
81- amount determined by commission rule, but not to exceed $10,000.]
68+ amount determined by commission rule, but not to exceed $10,000.
69+ (c) This section is cumulative of any other available
70+ sanction for a late filing of a sworn statement.]
8271 SECTION 6. Section 572.034(a), Government Code, is amended
8372 to read as follows:
8473 (a) An individual commits an offense if the individual is a
8574 state officer or candidate or state party chair and knowingly and
86- wilfully fails to file a financial statement as required by this
87- subchapter on three separate occasions.
88- SECTION 7. The following provisions of the Government Code
89- are repealed:
90- (1) Section 571.079;
91- (2) Section 572.007; and
92- (3) Section 572.033(c).
93- SECTION 8. The changes in law made by this Act apply only to
94- a registration, report, or statement that is required to be filed
95- with the Texas Ethics Commission on or after the effective date of
96- this Act. A registration, report, or statement that is required to
97- be filed before the effective date of this Act is governed by the
98- law in effect on the date the registration, report, or statement is
99- required to be filed, and the former law is continued in effect for
100- that purpose.
101- SECTION 9. The changes in law made by this Act apply only to
102- conduct constituting a violation of a law administered and enforced
103- by the Texas Ethics Commission that occurs on or after the effective
104- date of this Act. Conduct constituting a violation of a law
105- administered and enforced by the commission that occurs before the
106- effective date of this Act is governed by the law in effect on the
107- date the conduct occurs, and the former law is continued in effect
108- for that purpose.
109- SECTION 10. This Act takes effect September 1, 2025.
110- * * * * *
75+ wilfully fails to file a financial statement on three separate
76+ occasions as required by this subchapter.
77+ The following provisions of the Government Code are repealed:
78+ (1) Section 571.079; and
79+ (2) Section 572.007.
80+ SECTION 7. This Act takes effect September 1, 2025.