Bill Text: TX SB1779 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to reports and complaints filed with and notices provided by the Texas Ethics Commission.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-23 - Referred to State Affairs [SB1779 Detail]

Download: Texas-2011-SB1779-Introduced.html
 
 
  By: Williams S.B. No. 1779
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reports and complaints filed with and notices provided
  by the Texas Ethics Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 254.036(b), Election Code, is amended to
  read as follows:
         (b)  Except as provided by Subsection (c), (e), or (f), each
  report filed under this chapter with the commission must be filed:
               (1)  by computer diskette, modem, or other means of
  electronic transfer, using computer software provided by the
  commission or computer software that meets commission
  specifications for a standard file format; or
               (2)  using a secure Internet website maintained by the
  commission that meets the requirements of Section 571.0671,
  Government Code.
         SECTION 2.  Section 254.042(b), Election Code, is amended to
  read as follows:
         (b)  If a report other than a report under Section
  254.064(c), 254.124(c), or 254.154(c) or the first report under
  Section 254.063, [or] 254.123, or 254.153 that is required to be
  filed following the primary or general election is determined to be
  late, the person required to file the report is liable to the state
  for a civil penalty of $500. If a report under Section 254.064(c),
  254.124(c), or 254.154(c) or the first report under Section
  254.063, 254.123, or 254.153 that is required to be filed following
  the primary or general election is determined to be late, the person
  required to file the report is liable to the state for a civil
  penalty of $500 for the first day the report is late and $100 for
  each day thereafter that the report is late. If a report is more
  than 30 days late, the commission shall issue a warning of liability
  by certified [registered] mail to the person required to file the
  report. If the penalty is not paid before the 10th day after the
  date on which the warning is received, the person is liable for a
  civil penalty in an amount determined by commission rule, but not to
  exceed $10,000.
         SECTION 3.  Section 302.013(d), Government Code, is amended
  to read as follows:
         (d)  Each speaker candidate shall file the statement:
               (1)  by computer diskette, modem, or other means of
  electronic transfer, using computer software provided by the Texas
  Ethics Commission or computer software that meets commission
  specifications for a standard file format; or
               (2)  using a secure Internet website maintained by the
  Texas Ethics Commission that meets the requirements of Section
  571.0671.
         SECTION 4.  Section 305.0064(a), Government Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b), each registration
  filed under Section 305.005 and each report filed under Section
  305.006 must be filed:
               (1)  by computer diskette, modem, or other means of
  electronic transfer, using computer software provided by the
  commission or computer software that meets commission
  specifications for a standard file format; or
               (2)  using a secure Internet website maintained by the
  commission that meets the requirements of Section 571.0671.
         SECTION 5.  Section 571.032, Government Code, is amended to
  read as follows:
         Sec. 571.032.  MAILING OF NOTICES, DECISIONS, AND REPORTS.
  (a)  The [Except as provided by Subsection (b), each written
  notice, decision, and report required to be sent under this chapter
  shall be sent by registered or certified mail, restricted delivery,
  return receipt requested.
         [(b)  After] written notice under Section 571.123(b)
  regarding the filing of a sworn complaint shall be [has been] sent
  to a respondent by registered or certified mail, restricted
  delivery, return receipt requested. The [person in the manner
  required by Subsection (a), the] commission may send the respondent
  [person] any additional notices, decisions, or reports regarding
  the complaint by regular mail [unless the person has notified the
  commission to send all notices regarding the complaint by
  registered or certified mail, restricted delivery, return receipt
  requested].
         (b)  Any written notice, decision, or report required to be
  sent under this chapter to a complainant may be sent by regular mail
  or e-mail.
         (c)  Any notice regarding the status of a complaint required
  to be sent under Section 571.1351(c) may be sent by e-mail.
         SECTION 6.  The heading to Section 571.0671, Government
  Code, is amended to read as follows:
         Sec. 571.0671.  REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE
  OR INTERNET WEBSITE.
         SECTION 7.  Section 571.0671, Government Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) to read
  as follows:
         (a)  Computer software provided or approved by the
  commission or the secure Internet website for use under Section
  254.036(b), Election Code, or Section 302.013 or 305.0064 must:
               (1)  use a standardized format for the entry of names,
  addresses, and zip codes;
               (2)  provide for secure and encoded transmission of
  data from the computer of a person filing a report to the computers
  used by the commission;
               (3)  be capable of being used by a person with basic
  computing skills;
               (4)  provide confirmation to a person filing a report
  that the report was properly received; and
               (5)  permit a person using a computer to prepare a
  report or to retrieve information from a report to import
  information to the report from a variety of computer software
  applications that meet commission specifications for a standard
  file format or export information from the report to a variety of
  computer software applications that meet commission specifications
  for a standard file format without the need to reenter information.
         (c)  The commission may provide software for use under
  Section 254.036(b), Election Code, or Section 302.013 or 305.0064
  by making the software available on the Internet. If the commission
  makes the software available on the Internet, the commission is not
  required to provide the software on computer diskettes, CD-ROMs, or
  other storage media without charge to persons required to file
  reports under that section, but may charge a fee for providing the
  software on storage media. A fee under this subsection may not
  exceed the cost to the commission of providing the software.
  Provision of software on the Internet under this subsection does
  not affect the duty of the commission to maintain a secure Internet
  website through which a person may electronically file reports
  without acquiring the software described by this section.
         (d)  The commission shall maintain a secure Internet website
  through which a person may directly electronically file reports
  with the commission under Section 254.036(b), Election Code, or
  Section 302.013 or 305.0064 without acquiring the software
  described by this section. The website shall, in addition to
  meeting the requirements of Subsection (a), provide adequate
  controls to ensure that only the person required to file the report,
  or another person authorized by the person required to file the
  report, may enter or alter information or submit the report to the
  commission.
         SECTION 8.  Sections 571.1242(a) and (b), Government Code,
  are amended to read as follows:
         (a)  If the alleged violation is a Category One violation:
               (1)  the respondent must respond to the notice required
  by Section 571.123(b) not later than the 10th [business] day after
  the date the respondent receives the notice; and
               (2)  if the matter is not resolved by agreement between
  the commission and the respondent before the 30th [business] day
  after the date the respondent receives the notice under Section
  571.123(b), the commission shall set the matter for a preliminary
  review hearing to be held at the next commission meeting for which
  notice has not yet been posted.
         (b)  If the alleged violation is a Category Two violation:
               (1)  the respondent must respond to the notice required
  by Section 571.123(b) not later than the 25th [business] day after
  the date the respondent receives the notice under Section
  571.123(b); and
               (2)  if the matter is not resolved by agreement between
  the commission and the respondent before the 75th [business] day
  after the date the respondent receives the notice under Section
  571.123(b), the commission shall set the matter for a preliminary
  review hearing to be held at the next commission meeting for which
  notice has not yet been posted.
         SECTION 9.  Section 571.140, Government Code, is amended by
  amending Subsection (a) and adding Subsection (b-2) to read as
  follows:
         (a)  Except as provided by Subsection (b), [or] (b-1), or
  (b-2) or by Section 571.171, proceedings at a preliminary review
  hearing performed by the commission, a sworn complaint, and
  documents and any additional evidence relating to the processing,
  preliminary review, preliminary review hearing, or resolution of a
  sworn complaint or motion are confidential and may not be disclosed
  unless entered into the record of a formal hearing or a judicial
  proceeding, except that a document or statement that was previously
  public information remains public information.
         (b-2)  The name and the county of residence of an individual
  who files with the commission a sworn complaint is not confidential
  if:
               (1)  the sworn complaint is the basis of a preliminary
  review or hearing; and
               (2)  after the completion of the preliminary review or
  hearing, the commission issues an order determining that a
  violation other than a technical or de minimis violation has
  occurred.
         SECTION 10.  Section 571.141, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  For each order that the commission is required to make
  a copy or summary of available on the Internet under Subsection (a),
  the commission shall make available on the Internet the name and the
  county of residence of any individual who filed with the commission
  the sworn complaint that was the basis for the review or hearing.
         SECTION 11.  The changes in law made by this Act to Sections
  571.1242, 571.140, and 571.141, Government Code, apply only to a
  sworn complaint filed with the Texas Ethics Commission under
  Section 571.122, Government Code, on or after the effective date of
  this Act.  A sworn complaint that is filed before that date is
  governed by the law in effect on the date the complaint is filed,
  and the former law is continued in effect for that purpose.
         SECTION 12.  As soon as practicable after the effective date
  of this Act, the Texas Ethics Commission shall establish the secure
  Internet website on which a report may be filed as provided by the
  changes in law made by this Act.
         SECTION 13.  This Act takes effect September 1, 2011.
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