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.