Bill Text: TX SB219 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to ethics of public servants, including the functions and duties of the Texas Ethics Commission; the regulation of political contributions, political advertising, lobbying, and conduct of public servants; and the reporting of political contributions and expenditures and personal financial information; providing civil and criminal penalties.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Vetoed) 2013-06-14 - Vetoed by the Governor [SB219 Detail]
Download: Texas-2013-SB219-Engrossed.html
Bill Title: Relating to ethics of public servants, including the functions and duties of the Texas Ethics Commission; the regulation of political contributions, political advertising, lobbying, and conduct of public servants; and the reporting of political contributions and expenditures and personal financial information; providing civil and criminal penalties.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Vetoed) 2013-06-14 - Vetoed by the Governor [SB219 Detail]
Download: Texas-2013-SB219-Engrossed.html
By: Huffman, Campbell | S.B. No. 219 | |
Nichols |
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relating to ethics of public servants, including the functions and | ||
duties of the Texas Ethics Commission; the regulation of political | ||
contributions, political advertising, lobbying, and conduct of | ||
public servants; and the reporting of political contributions and | ||
expenditures and personal financial information; providing civil | ||
and criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. NOTIFICATION PROCEDURES OF TEXAS ETHICS COMMISSION | ||
SECTION 1.01. Subchapter B, Chapter 571, Government Code, | ||
is amended by adding Section 571.033 to read as follows: | ||
Sec. 571.033. NOTIFICATION PROCEDURES. The commission | ||
shall adopt rules prescribing how the commission will notify any | ||
person or provide any notice required by this subtitle, Chapter | ||
305, or Title 15, Election Code. | ||
ARTICLE 2. INQUIRY PROCEDURES AND HEARINGS AND ENFORCEMENT | ||
ACTIVITIES OF TEXAS ETHICS COMMISSION | ||
SECTION 2.01. Subdivision (2), Section 571.002, Government | ||
Code, is amended to read as follows: | ||
(2) "Complainant" means an individual who files an | ||
inquiry [ |
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SECTION 2.02. Subsection (a), Section 571.027, Government | ||
Code, is amended to read as follows: | ||
(a) A member of the commission may not participate in a | ||
commission proceeding relating to any of the following actions if | ||
the member is the subject of the action: | ||
(1) a formal investigation by the commission; | ||
(2) an inquiry [ |
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commission; or | ||
(3) a motion adopted by vote of at least six members of | ||
the commission. | ||
SECTION 2.03. Subsection (f), Section 571.069, Government | ||
Code, is amended to read as follows: | ||
(f) This section may not be construed as limiting or | ||
affecting the commission's authority to, on the filing of a motion | ||
or receipt of an inquiry [ |
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the sufficiency of a statement or report. | ||
SECTION 2.04. Section 571.073, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.073. REPORT. On or before December 31 of each | ||
even-numbered year, the commission shall report to the governor and | ||
legislature. The report must include: | ||
(1) each advisory opinion issued by the commission | ||
under Subchapter D in the preceding two years; | ||
(2) a summary of commission activities in the | ||
preceding two years, including: | ||
(A) the number of inquiries [ |
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filed with the commission; | ||
(B) the number of inquiries [ |
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dismissed for noncompliance with statutory form requirements; | ||
(C) the number of inquiries [ |
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dismissed for lack of jurisdiction; | ||
(D) the number of inquiries [ |
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dismissed after a finding of no credible evidence of a violation; | ||
(E) the number of inquiries [ |
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dismissed after a finding of a lack of sufficient evidence to | ||
determine whether a violation within the jurisdiction of the | ||
commission has occurred; | ||
(F) the number of inquiries [ |
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resolved by the commission through an agreed decision [ |
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(G) the number of inquiries [ |
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which the commission issued a decision [ |
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violation and the resulting penalties, if any; and | ||
(H) the number and amount of civil penalties | ||
imposed for failure to timely file a statement or report, the number | ||
and amount of those civil penalties fully paid, the number and | ||
amount of those civil penalties partially paid, and the number and | ||
amount of those civil penalties no part of which has been paid, for | ||
each of the following category of statements and reports, listed | ||
separately: | ||
(i) financial statements required to be | ||
filed under Chapter 572; | ||
(ii) political contribution and | ||
expenditure reports required to be filed under Section 254.063, | ||
254.093, 254.123, 254.153, or 254.157, Election Code; | ||
(iii) political contribution and | ||
expenditure reports required to be filed under Section 254.064(b), | ||
254.124(b), or 254.154(b), Election Code; | ||
(iv) political contribution and | ||
expenditure reports required to be filed under Section 254.064(c), | ||
254.124(c), or 254.154(c), Election Code; | ||
(v) political contribution and expenditure | ||
reports required to be filed under Section 254.038 or 254.039, | ||
Election Code; and | ||
(vi) political contribution and | ||
expenditure reports required to be filed under Section 254.0391, | ||
Election Code; and | ||
(3) recommendations for any necessary statutory | ||
changes. | ||
SECTION 2.05. Section 571.076, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.076. CONTRACT FOR ADMINISTRATION. The commission | ||
may contract with persons to administer and carry out this chapter | ||
and rules, standards, [ |
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this chapter, excluding any enforcement authority. | ||
SECTION 2.06. The heading to Subchapter E, Chapter 571, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER E. INQUIRY [ |
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SECTION 2.07. Section 571.121, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.121. GENERAL POWERS. (a) The commission may: | ||
(1) hold hearings, on its own motion adopted by an | ||
affirmative vote of at least six commission members or on an inquiry | ||
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or reports of violations as provided by this chapter; and | ||
(2) agree to the settlement of issues. | ||
(b) The commission may not consider an inquiry [ |
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or vote to investigate a matter outside the commission's | ||
jurisdiction. | ||
SECTION 2.08. Section 571.1211, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.1211. DEFINITIONS. In this subchapter, "campaign | ||
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advertising" have the meanings assigned by Section 251.001, | ||
Election Code. | ||
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SECTION 2.09. Subchapter E, Chapter 571, Government Code, | ||
is amended by adding Section 571.1213 to read as follows: | ||
Sec. 571.1213. CATEGORIZATION OF VIOLATIONS. (a) The | ||
commission staff shall categorize, in ascending order of | ||
seriousness, each violation of law alleged in an inquiry or on a | ||
motion of the commission as: | ||
(1) a technical, clerical, or de minimis violation; | ||
(2) an administrative or filing violation; or | ||
(3) a more serious violation. | ||
(b) The commission shall adopt rules defining what | ||
violations of law are included in each category of violation. | ||
SECTION 2.10. Subchapter E, Chapter 571, Government Code, | ||
is amended by adding Section 571.1214 to read as follows: | ||
Sec. 571.1214. RESOLUTION OF VIOLATIONS. (a) The | ||
commission staff and the commission shall resolve an inquiry or | ||
motion in the form corresponding to the most serious category of | ||
violation alleged in the inquiry or motion as provided in this | ||
section. | ||
(b) An inquiry or motion alleging a technical, clerical, or | ||
de minimis violation must be resolved in a letter of | ||
acknowledgment. | ||
(c) An inquiry or motion alleging an administrative or | ||
filing violation must be resolved in a notice of administrative or | ||
filing error. | ||
(d) An inquiry or motion alleging a more serious violation | ||
must be resolved in a notice of violation. | ||
SECTION 2.11. Section 571.122, Government Code, as amended | ||
by Chapters 604 (H.B. 677) and 1166 (H.B. 3218), Acts of the 81st | ||
Legislature, Regular Session, 2009, is amended to read as follows: | ||
Sec. 571.122. FILING OF INQUIRY [ |
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(a) An individual may file with the commission an inquiry [ |
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enforced by the commission has violated a rule adopted by or a law | ||
administered and enforced by the commission. An inquiry [ |
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The commission shall make the inquiry [ |
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the Internet. The form prescribed by the commission must require | ||
the complainant to provide the following information for both the | ||
complainant and the respondent: | ||
(1) the person's name; | ||
(2) the person's telephone number; | ||
(3) the person's electronic mail address, if known; | ||
and | ||
(4) the physical address of the person's home or | ||
business. | ||
(b) An inquiry [ |
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be in writing and under oath and must set forth in simple, concise, | ||
and direct statements: | ||
(1) the name of the complainant; | ||
(2) the street or mailing address of the complainant; | ||
(3) the name of each respondent; | ||
(4) the position or title of each respondent; | ||
(5) the nature of the alleged violation, including if | ||
possible the specific rule or provision of law alleged to have been | ||
violated; | ||
(6) a statement of the facts constituting the alleged | ||
violation and the dates on which or period of time in which the | ||
alleged violation occurred; and | ||
(7) all documents or other material available to the | ||
complainant that are relevant to the allegation, a list of all | ||
documents or other material within the knowledge of the complainant | ||
and available to the complainant that are relevant to the | ||
allegation but that are not in the possession of the complainant, | ||
including the location of the documents, if known, and a list of all | ||
documents or other material within the knowledge of the complainant | ||
that are unavailable to the complainant and that are relevant to the | ||
inquiry [ |
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known. | ||
(b-1) An individual must be a resident of this state to be | ||
eligible to file an inquiry [ |
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commission. A copy of one of the following documents must be | ||
attached to the inquiry [ |
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(1) the complainant's driver's license or personal | ||
identification certificate issued under Chapter 521, | ||
Transportation Code, or commercial driver's license issued under | ||
Chapter 522, Transportation Code; or | ||
(2) a utility bill, bank statement, government check, | ||
paycheck, or other government document that: | ||
(A) shows the name and address of the | ||
complainant; and | ||
(B) is dated not more than 30 days before the date | ||
on which the inquiry [ |
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(b-2) [ |
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this state or must own real property in this state. A copy of one | ||
of the following documents must be attached to the inquiry | ||
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(1) the complainant's driver's license or personal | ||
identification certificate issued under Chapter 521, | ||
Transportation Code, or commercial driver's license issued under | ||
Chapter 522, Transportation Code; | ||
(2) a utility bill, bank statement, government check, | ||
paycheck, or other government document that: | ||
(A) shows the name and address of the | ||
complainant; and | ||
(B) is dated not more than 30 days before the date | ||
on which the inquiry [ |
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(3) a property tax bill, notice of appraised value, or | ||
other government document that: | ||
(A) shows the name of the complainant; | ||
(B) shows the address of real property in this | ||
state; and | ||
(C) identifies the complainant as the owner of | ||
the real property. | ||
(c) The inquiry [ |
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affidavit stating that the information contained in the inquiry | ||
[ |
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reason to believe and does believe that the violation occurred. If | ||
the inquiry [ |
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inquiry [ |
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information and belief. The complainant may swear to the facts by | ||
oath before a notary public or other authorized official. | ||
(d) The inquiry [ |
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allegation that, if true, constitutes a violation of a rule adopted | ||
by or a law administered and enforced by the commission. | ||
(e) It is not a valid basis of an inquiry [ |
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allege that a report required under Chapter 254, Election Code, | ||
contains the improper name or address of a person from whom a | ||
political contribution was received if the name or address in the | ||
report is the same as the name or address that appears on the check | ||
for the political contribution. | ||
SECTION 2.12. Section 571.1221, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.1221. DISMISSAL OF INQUIRY [ |
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DIRECTION OR URGING OF NONRESIDENT. At any stage of a proceeding | ||
under this subchapter, the commission shall dismiss the inquiry | ||
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not a resident of this state. | ||
SECTION 2.13. Section 571.1222, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.1222. DISMISSAL OF INQUIRY [ |
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CHALLENGING CERTAIN INFORMATION IN POLITICAL REPORT. At any stage | ||
of a proceeding under this subchapter, the commission shall dismiss | ||
an inquiry [ |
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alleges that a report required under Chapter 254, Election Code, | ||
contains the improper name or address of a person from whom a | ||
political contribution was received if the name or address in the | ||
report is the same as the name or address that appears on the check | ||
for the political contribution. | ||
SECTION 2.14. Section 571.123, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.123. PROCESSING OF INQUIRY [ |
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commission shall determine whether an inquiry [ |
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filed with the commission complies with the form requirements of | ||
Section 571.122. | ||
(a-1) [ |
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commission shall immediately attempt to contact and notify the | ||
respondent of the inquiry [ |
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(b) Not later than the fifth business day after the date an | ||
inquiry [ |
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(1) [ |
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with the form requirements of Section 571.122; and | ||
(2) if the respondent is a candidate or officeholder, | ||
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agent with whom commission staff may discuss the inquiry | ||
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(c) If the commission determines that the inquiry | ||
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commission shall return [ |
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complainant with [ |
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the inquiry [ |
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for filing inquiries [ |
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provide [ |
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respondent with [ |
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how the inquiry [ |
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resubmit the inquiry [ |
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the date the complainant is notified [ |
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commission shall: | ||
(1) dismiss the inquiry [ |
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(2) not later than the fifth business day after the | ||
date of the dismissal, notify [ |
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complainant and the respondent of the dismissal and the grounds for | ||
dismissal. | ||
(d) If the commission determines that an inquiry [ |
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period but is not in proper form, the commission shall return the | ||
inquiry to the complainant as provided in [ |
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(e) If the commission determines that an inquiry [ |
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is resubmitted within the 21-day period and that the inquiry | ||
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shall notify the complainant and respondent [ |
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SECTION 2.15. Subsection (b), Section 571.1231, Government | ||
Code, is amended to read as follows: | ||
(b) A respondent to an inquiry [ |
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the respondent may by writing submitted to the commission designate | ||
an agent with whom the commission staff may communicate regarding | ||
the inquiry [ |
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SECTION 2.16. Section 571.124, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.124. PRELIMINARY REVIEW: INITIATION. (a) The | ||
commission staff shall promptly conduct a preliminary review on | ||
receipt of a written inquiry [ |
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the form requirements of Section 571.122. | ||
(b) On a motion adopted by an affirmative vote of at least | ||
six commission members, the commission staff, without an inquiry [ |
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the matter that is the subject of the motion. | ||
(c) The executive director shall determine in writing | ||
whether the commission has jurisdiction over the violation of law | ||
alleged in an inquiry [ |
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571.123. | ||
(e) If the executive director determines that the | ||
commission has jurisdiction, the notification [ |
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Section 571.123(b) must include: | ||
(1) a statement that the commission has jurisdiction | ||
over the violation of law alleged in the inquiry [ |
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(2) a statement of whether the inquiry [ |
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will be processed as a technical, clerical, or de minimis | ||
violation, an administrative or filing violation, or a more serious | ||
violation [ |
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(3) the date by which the respondent is required to | ||
respond to the notification [ |
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(4) a copy of the inquiry [ |
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procedure of the commission; | ||
(5) a statement of the rights of the respondent; | ||
(6) a statement inviting the respondent to provide to | ||
the commission any information relevant to the inquiry [ |
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and | ||
(7) a statement that a failure to timely respond to the | ||
notification [ |
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(f) If the executive director determines that the | ||
commission does not have jurisdiction over the violation alleged in | ||
the inquiry [ |
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(1) dismiss the inquiry [ |
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(2) not later than the fifth business day after the | ||
date of the dismissal, notify [ |
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respondent [ |
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the dismissal. | ||
SECTION 2.17. Subsections (a) and (c), Section 571.1241, | ||
Government Code, are amended to read as follows: | ||
(a) If the executive director determines that the | ||
commission does not have jurisdiction over the violation alleged in | ||
the inquiry [ |
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commission review the determination. A request for review under | ||
this section must be filed not later than the 30th day after the | ||
date the complainant receives the executive director's | ||
determination. | ||
(c) Not later than the fifth business day after the date of | ||
the commission's determination under this section, the commission | ||
shall notify [ |
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respondent as to [ |
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over the violation alleged in the inquiry [ |
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commission determines that the commission has jurisdiction, the | ||
notification [ |
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571.124(e). | ||
SECTION 2.18. Section 571.1242, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.1242. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT. | ||
(a) If the alleged violation is a technical, clerical, or de | ||
minimis [ |
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(1) the respondent must respond to the notification | ||
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business day after the date the respondent is notified [ |
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(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 is notified [ |
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under Section 571.123(b), the commission shall set the matter for a | ||
preliminary review hearing [ |
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(b) If the alleged violation is an administrative or filing | ||
violation or a more serious [ |
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(1) the respondent must respond to the notification | ||
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business day after the date the respondent is notified [ |
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(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 is notified [ |
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under Section 571.123(b), the commission shall set the matter for a | ||
preliminary review hearing [ |
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(c) A respondent's failure to timely respond as required by | ||
Subsection (a)(1) or (b)(1) is a [ |
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(d) The response required to the notification under Section | ||
571.123(b) [ |
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the respondent seeks to raise to the commission's exercise of | ||
jurisdiction. In addition, the respondent may: | ||
(1) acknowledge the occurrence or commission of a | ||
violation; | ||
(2) deny the allegations contained in the inquiry | ||
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(3) agree to enter into a letter of acknowledgment [ |
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desist. | ||
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SECTION 2.19. Subchapter E, Chapter 571, Government Code, | ||
is amended by adding Section 571.12421 to read as follows: | ||
Sec. 571.12421. PRELIMINARY REVIEW: PROCEDURE. (a) The | ||
commission shall adopt procedures by rule for the conduct of: | ||
(1) a preliminary review of an inquiry or motion that | ||
alleges a technical, clerical, or de minimis violation; | ||
(2) a preliminary review of an inquiry or motion that | ||
alleges an administrative or filing violation; and | ||
(3) a preliminary review of an inquiry or motion that | ||
alleges a more serious violation. | ||
(b) If an inquiry or motion alleges violations of different | ||
categories, the commission staff shall conduct a preliminary review | ||
of the inquiry or motion according to the procedure for the most | ||
serious category of violation alleged in the inquiry or motion. | ||
(c) If, in the course of conducting a preliminary review, | ||
the commission staff determines that the violation alleged in the | ||
inquiry or motion was initially categorized incorrectly, the | ||
commission staff shall continue conducting the preliminary review | ||
according to the procedure for the correct category of violation. | ||
(d) If an inquiry or motion alleges more than one violation, | ||
the commission staff may conduct a single preliminary review of the | ||
alleged violations or conduct a separate preliminary review for | ||
each violation. | ||
SECTION 2.20. Subchapter E, Chapter 571, Government Code, | ||
is amended by adding Section 571.12431 to read as follows: | ||
Sec. 571.12431. PRELIMINARY REVIEW: RESOLUTION. | ||
(a) After conducting a preliminary review of an inquiry or motion, | ||
the commission staff shall propose a resolution of the inquiry or | ||
motion to the respondent in the form corresponding to the category | ||
of violation alleged in the inquiry or motion or, if the inquiry or | ||
motion alleges multiple violations, in the form corresponding to | ||
the most serious category of violation. | ||
(b) Except as provided by other law or commission rule, if | ||
the respondent accepts the resolution, the commission staff shall | ||
submit to the commission for approval the letter of acknowledgment, | ||
notice of administrative or filing error, or notice of violation in | ||
which the resolution was proposed to the respondent. | ||
(c) If the respondent rejects the resolution, the | ||
commission shall set the inquiry or motion for a preliminary review | ||
hearing. | ||
SECTION 2.21. Section 571.1244, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.1244. PRELIMINARY REVIEW AND PRELIMINARY REVIEW | ||
HEARING PROCEDURES. (a) The commission shall adopt procedures for | ||
the conduct of preliminary reviews and preliminary review hearings. | ||
The procedures must include: | ||
(1) a reasonable time for responding to questions | ||
submitted by the commission and commission staff and subpoenas | ||
issued by the commission; and | ||
(2) the tolling or extension of otherwise applicable | ||
deadlines where: | ||
(A) the commission issues a subpoena and the | ||
commission's meeting schedule makes it impossible both to provide a | ||
reasonable time for response and to comply with the otherwise | ||
applicable deadlines; or | ||
(B) the commission determines that, despite | ||
commission staff's diligence and the reasonable cooperation of the | ||
respondent, a matter is too complex to resolve within the otherwise | ||
applicable deadlines without compromising either the commission | ||
staff's investigation or the rights of the respondent. | ||
(b) The commission by rule shall adopt procedures for the | ||
commission's review of a letter of acknowledgment, a notice of | ||
administrative or filing error, or a notice of violation submitted | ||
to the commission under Section 571.12431(b) or 571.126(f). | ||
(c) The commission by rule shall adopt procedures for the | ||
disposition of an inquiry or motion if the respondent does not | ||
respond to a resolution of the inquiry or motion proposed to the | ||
respondent under Section 571.12431 or 571.126. | ||
SECTION 2.22. Section 571.125, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.125. PRELIMINARY REVIEW HEARING: PROCEDURE. | ||
(a) A panel of two members of the [ |
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preliminary review hearing if: | ||
(1) following the preliminary review, the [ |
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inquiry or motion proposed by the commission staff [ |
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(2) the respondent in writing requests a hearing. | ||
(b) The commission shall notify [ |
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the complainant, if any, and the respondent of the date, time, and | ||
place the panel [ |
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hearing. | ||
(c) At or after the time the commission notifies the | ||
complainant, if any, and the respondent [ |
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preliminary review hearing, the commission may submit to the | ||
complainant and the respondent written questions and require those | ||
questions to be answered under oath within a reasonable time. | ||
(d) During a preliminary review hearing, the panel | ||
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(1) may consider all submitted evidence related to the | ||
inquiry [ |
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Section 571.124(b); | ||
(2) may review any documents or material related to | ||
the inquiry [ |
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(3) shall determine whether there is credible evidence | ||
that provides cause for the panel [ |
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violation within the jurisdiction of the commission has occurred. | ||
(e) During a preliminary review hearing, the respondent may | ||
appear before the panel [ |
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counsel, if desired by the respondent, and present any relevant | ||
evidence, including a written statement. | ||
SECTION 2.23. Subchapter E, Chapter 571, Government Code, | ||
is amended by adding Section 571.1251 to read as follows: | ||
Sec. 571.1251. SELECTION OF PANEL TO CONDUCT PRELIMINARY | ||
REVIEW HEARING. The commission shall adopt rules for the selection | ||
of members of the commission to serve on panels to conduct | ||
preliminary review hearings. The rules shall ensure that: | ||
(1) a panel is composed of two members of the | ||
commission; and | ||
(2) each member of the panel is a member of a different | ||
political party. | ||
SECTION 2.24. Section 571.126, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.126. PRELIMINARY REVIEW HEARING: RESOLUTION. | ||
(a) Except as provided in Subsection (e), as [ |
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practicable after the completion of a preliminary review hearing, | ||
the panel [ |
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(1) whether there is credible evidence for the panel | ||
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of the commission has occurred and whether the violation is a | ||
technical, clerical, or de minimis violation, an administrative or | ||
filing violation, or a more serious violation; or | ||
(2) that there is insufficient evidence for the panel | ||
[ |
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jurisdiction of the commission has occurred. | ||
(b) If the panel [ |
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credible evidence for the panel [ |
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violation within the jurisdiction of the commission has occurred, | ||
the panel [ |
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motion to propose to the respondent [ |
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day after the date the panel prepares the resolution [ |
||
|
||
provide [ |
||
of the decision stating the panel's [ |
||
and the panel's proposed resolution of the inquiry or motion in the | ||
appropriate form [ |
||
|
||
preparing a resolution or the respondent rejects the resolution | ||
[ |
||
[ |
||
(1) order a formal hearing to be held in accordance | ||
with Sections 571.127 [ |
||
(2) not later than the fifth business day after, as | ||
applicable, the date the panel determines that there is credible | ||
evidence to determine that a violation has occurred or the date the | ||
respondent rejects a resolution prepared by the panel, provide [ |
||
|
||
with: | ||
(A) a copy of the decision; | ||
(B) [ |
||
of the formal hearing; | ||
(C) a statement of the nature of the alleged | ||
violation; | ||
(D) a description of the evidence of the alleged | ||
violation; | ||
(E) a copy of the inquiry [ |
||
(F) a copy of the commission's rules of | ||
procedure; and | ||
(G) a statement of the rights of the respondent. | ||
(c) If the panel [ |
||
credible evidence for the panel [ |
||
violation within the jurisdiction of the commission has not | ||
occurred[ |
||
(1) the panel shall dismiss the inquiry [ |
||
motion; and | ||
(2) the commission shall, not later than the fifth | ||
business day after the date of the dismissal, provide [ |
||
complainant, if any, and the respondent with a copy of the decision | ||
stating the panel's [ |
||
notice of the dismissal and the grounds for dismissal. | ||
(d) If the panel [ |
||
insufficient credible evidence for the panel [ |
||
determine that a violation within the jurisdiction of the | ||
commission has occurred, the panel [ |
||
inquiry [ |
||
hearing to be held under Sections 571.127 [ |
||
571.132. Not later than the fifth business day after the date of | ||
the panel's [ |
||
commission shall provide [ |
||
respondent with a copy of the decision stating the panel's | ||
[ |
||
for the determination. | ||
(e) If, because of a tie vote, the panel cannot issue a | ||
decision under Subsection (a), the panel shall order a formal | ||
hearing to be held under Sections 571.127 through 571.132. Not | ||
later than the fifth business day after the date of the vote, the | ||
commission shall notify the complainant, if any, and the respondent | ||
of the date, time, and place of the hearing. | ||
(f) Except as provided by other law or commission rule, if | ||
the respondent accepts the resolution in Subsection (b), the panel | ||
shall submit to the commission for approval the letter of | ||
acknowledgment, notice of administrative or filing error, or notice | ||
of violation in which the resolution was proposed to the | ||
respondent. | ||
SECTION 2.25. Subchapter E, Chapter 571, Government Code, | ||
is amended by adding Section 571.127 to read as follows: | ||
Sec. 571.127. FORMAL HEARING: CONDUCT. The commission may | ||
conduct a formal hearing under this subchapter or may delegate to | ||
the State Office of Administrative Hearings the responsibility of | ||
conducting a formal hearing under this subchapter. | ||
SECTION 2.26. Subsections (a) and (c), Section 571.132, | ||
Government Code, are amended to read as follows: | ||
(a) Not later than the 30th business day after the date the | ||
State Office of Administrative Hearings issues a proposal for | ||
decision, the commission shall convene a meeting and by motion | ||
shall issue: | ||
(1) a final decision stating the resolution of the | ||
formal hearing in the form corresponding to the category of | ||
violation alleged in the inquiry or motion that was the subject of | ||
the hearing; and | ||
(2) a written report stating in detail the | ||
commission's findings of fact, conclusions of law, and | ||
recommendation of criminal referral or imposition of a civil | ||
penalty, if any. | ||
(c) Not later than the fifth business day after the date the | ||
commission issues the final decision and written report, the | ||
commission shall: | ||
(1) provide [ |
||
the complainant, if any, and to the respondent; and | ||
(2) make a copy of the decision and report available to | ||
the public during reasonable business hours. | ||
SECTION 2.27. Section 571.133, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.133. APPEAL OF FINAL DECISION. (a) A respondent | ||
who has exhausted all administrative remedies under this subchapter | ||
and who is aggrieved by a final decision of the commission may seek | ||
judicial review of the decision by pursuing an appeal. | ||
(b) To appeal a final decision of the commission, the | ||
respondent or the respondent's agent may file a petition in a | ||
district court in Travis County or in the county in which the | ||
respondent resides. | ||
(c) [ |
||
business day after the date the respondent received the decision. | ||
(d) [ |
||
which the petition is filed, the respondent may request that the | ||
appeal be transferred to a district court in Travis County or in the | ||
county in which the respondent resides, as appropriate. The court | ||
in which the appeal is originally filed shall transfer the appeal to | ||
a district court in the other county on receipt of the request. | ||
(e) Judicial review under this section shall be conducted in | ||
the manner provided for judicial review of a contested case under | ||
Chapter 2001, Government Code, and is governed by the substantial | ||
evidence rule. | ||
[ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
SECTION 2.28. Section 571.134, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.134. DELAY OF REFERRAL. If an alleged violation | ||
involves an election in which the alleged violator is a candidate, a | ||
candidate's campaign treasurer, or the campaign treasurer of a | ||
political committee supporting or opposing a candidate and the | ||
inquiry [ |
||
election, the commission shall delay referral until: | ||
(1) the day after election day; | ||
(2) the day after runoff election day if an ensuing | ||
runoff involving the alleged violator is held; or | ||
(3) the day after general election day if the election | ||
involved in the violation is a primary election and the alleged | ||
violator is involved in the succeeding general election. | ||
SECTION 2.29. Subsection (b), Section 571.135, Government | ||
Code, is amended to read as follows: | ||
(b) The materials must include: | ||
(1) a description of: | ||
(A) the commission's responsibilities; | ||
(B) the types of conduct that constitute a | ||
violation of a law within the jurisdiction of the commission; | ||
(C) the types of sanctions the commission may | ||
impose; | ||
(D) the commission's policies and procedures | ||
relating to inquiry [ |
||
(E) the duties of a person filing an inquiry [ |
||
|
||
(2) a diagram showing the basic steps in the | ||
commission's procedures relating to inquiry [ |
||
investigation and resolution. | ||
SECTION 2.30. Section 571.1351, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.1351. STATUS OF INQUIRY [ |
||
commission shall keep an information file about each inquiry [ |
||
|
||
include: | ||
(1) the name of the person who filed the inquiry | ||
[ |
||
(2) the date the inquiry [ |
||
the commission; | ||
(3) the subject matter of the inquiry [ |
||
(4) the name of each person contacted in relation to | ||
the inquiry [ |
||
(5) a summary of the results of the review or | ||
investigation of the inquiry [ |
||
(6) an explanation of the reason the file was closed, | ||
if the commission closed the file without taking action other than | ||
to investigate the inquiry [ |
||
(b) The commission shall provide to the person filing the | ||
inquiry [ |
||
inquiry [ |
||
procedures relating to inquiry [ |
||
resolution. | ||
(c) In addition to the notice required by Sections 571.123 | ||
through 571.132, the commission, at least quarterly until final | ||
disposition of an inquiry [ |
||
who filed the inquiry [ |
||
of the inquiry [ |
||
[ |
||
SECTION 2.31. Section 571.136, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.136. EXTENSION OF DEADLINE. The commission may, | ||
on its own motion or on the reasonable request of a respondent, | ||
extend any deadline for action relating to an inquiry [ |
||
|
||
SECTION 2.32. Subsection (a), Section 571.137, Government | ||
Code, is amended to read as follows: | ||
(a) In connection with a formal hearing, the commission, as | ||
authorized by this chapter, may subpoena and examine witnesses and | ||
documents that directly relate to an inquiry [ |
||
SECTION 2.33. Section 571.139, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.139. APPLICABILITY OF OTHER ACTS. (a) Except as | ||
provided by Section 571.140(b), Chapter 552 does not apply to | ||
documents or any additional evidence relating to the processing, | ||
preliminary review, preliminary review hearing, or resolution of an | ||
inquiry [ |
||
(b) Chapter 551 does not apply to the processing, | ||
preliminary review, preliminary review hearing, or resolution of an | ||
inquiry [ |
||
hearing held under Sections 571.127 [ |
||
(c) Subchapters C through H, Chapter 2001, apply only to a | ||
formal hearing under this subchapter, the resolution of a formal | ||
hearing, and the appeal of a final decision [ |
||
commission, and only to the extent consistent with this chapter. | ||
SECTION 2.34. Subsections (a), (b), and (b-1), Section | ||
571.140, Government Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b) or (b-1) or by | ||
Section 571.171, proceedings at a preliminary review hearing | ||
performed by a panel of members of the commission, an inquiry [ |
||
|
||
relating to the processing, preliminary review, preliminary review | ||
hearing, or resolution of an inquiry [ |
||
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) A notice of administrative or filing error or a notice | ||
of violation approved [ |
||
Section 571.12431(b) or 571.126(f) after the completion of a | ||
preliminary review or hearing [ |
||
|
||
confidential. A letter of acknowledgment approved by the | ||
commission under Section 571.12431(b) or 571.126(f) after the | ||
completion of a preliminary review or hearing is confidential. | ||
(b-1) A commission employee may, for the purpose of | ||
investigating an inquiry [ |
||
the complainant, the respondent, or a witness information that is | ||
otherwise confidential and relates to the inquiry [ |
||
if: | ||
(1) the employee makes a good faith determination that | ||
the disclosure is necessary to conduct the investigation; | ||
(2) the employee's determination under Subdivision (1) | ||
is objectively reasonable; | ||
(3) the executive director authorizes the disclosure; | ||
and | ||
(4) the employee discloses only the information | ||
necessary to conduct the investigation. | ||
SECTION 2.35. Section 571.141, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.141. AVAILABILITY OF CERTAIN NOTICES AND DECISIONS | ||
[ |
||
following a preliminary review, preliminary review hearing, or | ||
formal hearing at which the commission staff, a panel of members of | ||
the commission, or the commission determines that a person has | ||
committed a violation within the commission's jurisdiction, the | ||
commission shall make available on the Internet: | ||
(1) a copy of the notice of administrative or filing | ||
error or notice of violation approved or issued by the commission | ||
[ |
||
(2) a summary of the notice [ |
||
(b) This section does not apply to a letter of | ||
acknowledgment [ |
||
|
||
(c) If at a preliminary review, preliminary review hearing, | ||
or formal hearing, the commission staff, a panel of members of the | ||
commission, or the commission does not find that a person has | ||
committed a violation within the commission's jurisdiction or | ||
dismisses the inquiry or motion at issue, the commission shall, on | ||
the person's request and waiver of confidentiality, make available | ||
on the Internet a copy of the decision or notice of dismissal. | ||
SECTION 2.36. Section 571.142, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.142. LIABILITY FOR RESPONDENT'S COSTS. (a) This | ||
section applies only to an inquiry [ |
||
(1) the inquiry [ |
||
day before the date of an election; | ||
(2) the respondent is a candidate in the election; and | ||
(3) the inquiry [ |
||
or filing [ |
||
|
||
(b) If, in disposing of an inquiry [ |
||
which this section applies, the commission determines that a | ||
violation within the commission's jurisdiction has not occurred, | ||
the complainant is liable for the respondent's reasonable and | ||
necessary attorney's fees and other costs incurred in defending | ||
against the inquiry [ |
||
(c) This section does not apply to an inquiry [ |
||
|
||
SECTION 2.37. Subsection (b), Section 571.171, Government | ||
Code, is amended to read as follows: | ||
(b) On receipt of an inquiry [ |
||
executive director reasonably believes that the person who is the | ||
subject of the inquiry [ |
||
Penal Code, the executive director may refer the matter to the | ||
appropriate prosecuting attorney for criminal prosecution. | ||
SECTION 2.38. Section 571.173, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. | ||
(a) The commission and the commission staff 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 | ||
decision or for a violation of a law administered and enforced by | ||
the commission. | ||
(b) The commission shall adopt guidelines for the | ||
commission and the commission staff to follow when imposing a civil | ||
penalty under this section. The guidelines must direct the | ||
commission or the commission staff to consider the factors | ||
described by Section 571.177. | ||
(c) The commission or the commission staff shall impose a | ||
civil penalty on a respondent who accepts or is issued a notice of | ||
administrative or filing error or a notice of violation under this | ||
chapter. | ||
(d) When imposing a civil penalty under Subsection (c), the | ||
commission is not required to consider any penalties previously | ||
proposed to the respondent at an earlier stage of review. | ||
(e) The commission or the commission staff may not impose a | ||
civil penalty on a respondent who accepts or is issued a letter of | ||
acknowledgment under this chapter. | ||
SECTION 2.39. Section 571.176, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.176. CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH | ||
INQUIRY [ |
||
penalty of not more than $10,000 for the filing of a frivolous or | ||
bad-faith inquiry [ |
||
inquiry [ |
||
groundless and brought in bad faith or is groundless and brought for | ||
the purpose of harassment. | ||
(b) In addition to other penalties, a person who files a | ||
frivolous inquiry [ |
||
in an amount equal to the greater of $10,000 or the amount of actual | ||
damages incurred by the respondent, including court costs and | ||
attorney fees. | ||
(c) A person may file an inquiry [ |
||
the commission, in accordance with Section 571.122, alleging that | ||
an inquiry [ |
||
commission is frivolous or brought in bad faith. An inquiry [ |
||
|
||
whether the inquiry [ |
||
in bad faith is pending before the commission or has been resolved. | ||
The commission shall act on an inquiry [ |
||
subsection as provided by Subchapter E. | ||
SECTION 2.40. Section 571.177, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.177. FACTORS CONSIDERED FOR ASSESSMENT OF | ||
SANCTION. The commission or the commission staff shall consider | ||
the following factors in assessing a sanction: | ||
(1) the seriousness of the violation, including the | ||
nature, circumstances, consequences, extent, and gravity of the | ||
violation; | ||
(2) the history and extent of previous violations; | ||
(3) the demonstrated good faith of the violator, | ||
including actions taken to rectify the consequences of the | ||
violation; | ||
(4) the penalty necessary to deter future violations; | ||
and | ||
(5) any other matters that justice may require. | ||
SECTION 2.41. (a) Not later than December 1, 2013, the | ||
Texas Ethics Commission shall adopt any rules necessary to | ||
implement the changes in law made by this article. | ||
(b) The changes in law made by this article apply only to an | ||
inquiry filed with the Texas Ethics Commission under Section | ||
571.122, Government Code, or a motion adopted by the commission | ||
under Subsection (b), Section 571.124, Government Code, on or after | ||
December 1, 2013. A sworn complaint filed with the Texas Ethics | ||
Commission under Section 571.122, Government Code, or a motion | ||
adopted by the commission under Subsection (b), Section 571.124, | ||
Government Code, before that date is governed by the law in effect | ||
on the date the complaint is filed or the motion is adopted, and the | ||
former law is continued in effect for that purpose. | ||
ARTICLE 3. PERSONAL FINANCIAL STATEMENTS | ||
SECTION 3.01. Section 571.0671, Government Code, is amended | ||
to read as follows: | ||
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING | ||
SOFTWARE. (a) Computer software provided or approved by the | ||
commission for use under Section 254.036(b), Election Code, or | ||
Section 302.013, [ |
||
(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. | ||
(b) Before determining the specifications for computer | ||
software developed, purchased, or licensed for use under Section | ||
254.036, Election Code, or Section 302.013, [ |
||
572.0291, the commission shall conduct at least one public hearing | ||
to discuss the specifications. For at least 10 days following the | ||
hearing, the commission shall accept public comments concerning the | ||
software specifications. | ||
(c) The commission may provide software for use under | ||
Section 254.036(b), Election Code, or Section 302.013, [ |
||
305.0064, or 572.0291 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. | ||
SECTION 3.02. Subchapter B, Chapter 572, Government Code, | ||
is amended by adding Section 572.0291 to read as follows: | ||
Sec. 572.0291. ELECTRONIC FILING REQUIRED. A financial | ||
statement filed with the commission must be filed 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. | ||
SECTION 3.03. Subchapter B, Chapter 572, Government Code, | ||
is amended by adding Section 572.0292 to read as follows: | ||
Sec. 572.0292. PREPARATION OF FORMS. The commission shall | ||
design forms that may be used for filing a financial statement with | ||
an authority other than the commission. | ||
SECTION 3.04. The heading to Section 572.030, Government | ||
Code, is amended to read as follows: | ||
Sec. 572.030. NOTIFICATION OF FILING REQUIREMENT | ||
[ |
||
SECTION 3.05. Subsections (b) and (c), Section 572.030, | ||
Government Code, are amended to read as follows: | ||
(b) The commission shall notify [ |
||
required to file under this subchapter of [ |
||
(1) the requirement [ |
||
|
||
(2) [ |
||
statement as provided by Sections 572.026 and 572.027; and | ||
(3) [ |
||
electronically file the financial statement and access | ||
instructions for filing financial statements on [ |
||
|
||
Internet website[ |
||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
(c) The notification [ |
||
must be provided [ |
||
(1) before the 30th day before the deadline for filing | ||
the financial statement under Section 572.026(a) or (c), except as | ||
otherwise provided by this subsection; | ||
(2) not later than the 15th day after the applicable | ||
deadline for filing an application for a place on the ballot or a | ||
declaration of write-in candidacy for candidates required to file | ||
under Section 572.027(a), (b), or (c); | ||
(3) not later than the seventh day after the date of | ||
appointment for individuals required to file under Section | ||
572.026(b), or if the legislature is in session, sooner if | ||
possible; and | ||
(4) not later than the fifth day after the date the | ||
certificate of nomination is filed for candidates required to file | ||
under Section 572.027(d) [ |
||
SECTION 3.06. Subsection (b), Section 572.031, Government | ||
Code, is amended to read as follows: | ||
(b) If the commission determines that an individual has | ||
failed to file the statement in compliance with this subchapter, | ||
the commission shall notify [ |
||
|
||
[ |
||
SECTION 3.07. Subsections (a) and (b), Section 572.033, | ||
Government Code, are 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 notify [ |
||
|
||
statement and [ |
||
state of the determination. | ||
(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 [ |
||
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. | ||
SECTION 3.08. Subsection (d), Section 145.004, Local | ||
Government Code, is amended to read as follows: | ||
(d) The timeliness of the filing is governed by Section | ||
572.029, Government Code. In addition, a financial statement is | ||
timely filed if it is properly addressed and placed in the United | ||
States post office or in the hands of a common or contract carrier | ||
not later than the last day for filing the financial statement. The | ||
post office cancellation mark or the receipt mark of a common or | ||
contract carrier is prima facie evidence of the date the statement | ||
was deposited with the post office or carrier. The individual | ||
filing the statement may show by competent evidence that the actual | ||
date of posting was different from that shown by the mark. | ||
SECTION 3.09. Subsection (b), Section 159.004, Local | ||
Government Code, is amended to read as follows: | ||
(b) The timeliness of the filing is governed by Section | ||
572.029, Government Code. In addition, a financial statement is | ||
timely filed if it is properly addressed and placed in the United | ||
States post office or in the hands of a common or contract carrier | ||
not later than the last day for filing the financial statement. The | ||
post office cancellation mark or the receipt mark of a common or | ||
contract carrier is prima facie evidence of the date the statement | ||
was deposited with the post office or carrier. The individual | ||
filing the statement may show by competent evidence that the actual | ||
date of posting was different from that shown by the mark. | ||
SECTION 3.10. Subsection (b), Section 159.053, Local | ||
Government Code, is amended to read as follows: | ||
(b) The timeliness of the filing is governed by Section | ||
572.029, Government Code. In addition, a financial statement is | ||
timely filed if it is properly addressed and placed in the United | ||
States post office or in the hands of a common or contract carrier | ||
not later than the last day for filing the financial statement. The | ||
post office cancellation mark or the receipt mark of a common or | ||
contract carrier is prima facie evidence of the date the statement | ||
was deposited with the post office or carrier. The individual | ||
filing the statement may show by competent evidence that the actual | ||
date of posting was different from that shown by the mark. | ||
SECTION 3.11. As soon as practicable after the effective | ||
date of this Act, the Texas Ethics Commission shall develop or | ||
approve the computer software that a person may use to | ||
electronically file a financial statement under Chapter 572, | ||
Government Code, as provided by the changes in law made by this | ||
article. | ||
ARTICLE 4. CAMPAIGN FINANCE | ||
SECTION 4.01. The heading to Chapter 252, Election Code, is | ||
amended to read as follows: | ||
CHAPTER 252. CAMPAIGN TREASURER, LEGISLATIVE CAUCUS CHAIR, AND | ||
PRINCIPAL POLITICAL COMMITTEE | ||
SECTION 4.02. Chapter 252, Election Code, is amended by | ||
designating Sections 252.001 through 252.015 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. CAMPAIGN TREASURER | ||
SECTION 4.03. Section 252.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED. | ||
Except as provided in Subchapter C, each [ |
||
political committee shall appoint a campaign treasurer as provided | ||
by this subchapter [ |
||
SECTION 4.04. Chapter 252, Election Code, is amended by | ||
adding Subchapters B and C to read as follows: | ||
SUBCHAPTER B. LEGISLATIVE CAUCUS CHAIR | ||
Sec. 252.051. APPOINTMENT OF LEGISLATIVE CAUCUS CHAIR | ||
REQUIRED. Each legislative caucus, as defined by Section 253.0341, | ||
shall appoint a caucus chair as required by this subchapter. | ||
Sec. 252.052. CONTENTS OF APPOINTMENT; AUTHORITY WITH WHOM | ||
FILED. (a) A legislative caucus chair appointment must be in | ||
writing and must include: | ||
(1) the caucus's full name; | ||
(2) the caucus chair's name; | ||
(3) the caucus's mailing address; | ||
(4) the caucus's telephone number; and | ||
(5) the name of the person making the appointment. | ||
(b) A legislative caucus must file its caucus chair | ||
appointment with the commission. | ||
(c) A legislative caucus must notify the commission in | ||
writing of any change in the caucus's mailing address not later than | ||
the 10th day after the date on which the change occurs. | ||
SUBCHAPTER C. PRINCIPAL POLITICAL COMMITTEE | ||
Sec. 252.101. DESIGNATION OF PRINCIPAL POLITICAL | ||
COMMITTEE. (a) A candidate required to file a campaign treasurer | ||
appointment with the commission or an officeholder of an office for | ||
which a candidate is required to file a campaign treasurer | ||
appointment with the commission may designate a specific-purpose | ||
committee as the principal political committee for the candidate or | ||
officeholder with the responsibility of reporting any activity of | ||
the candidate or officeholder for which the candidate or | ||
officeholder would otherwise be required to file a report under | ||
Chapter 254. | ||
(b) A candidate who designates a principal political | ||
committee under this subchapter is not required to appoint a | ||
campaign treasurer under Subchapter A. | ||
(c) A designation of a principal political committee must be | ||
in writing and filed with the commission. | ||
Sec. 252.102. LIMITATION ON DESIGNATION OF AND AS PRINCIPAL | ||
POLITICAL COMMITTEE. (a) A candidate or officeholder may | ||
designate only one specific-purpose committee as the candidate's or | ||
officeholder's principal political committee. | ||
(b) A specific-purpose committee may be designated as the | ||
principal political committee for only one candidate or | ||
officeholder. | ||
SECTION 4.05. Subsections (a), (c), (d), and (g), Section | ||
254.0311, Election Code, are amended to read as follows: | ||
(a) A legislative caucus's caucus chair shall file a report | ||
of contributions and expenditures as required by this section. | ||
(c) If no reportable activity occurs during a reporting | ||
period, the legislative caucus chair shall indicate that fact in | ||
the report. | ||
(d) A legislative caucus's caucus chair shall file with the | ||
commission two reports for each year. | ||
(g) A legislative caucus's caucus chair shall maintain a | ||
record of all reportable activity under this section and shall | ||
preserve the record for at least two years beginning on the filing | ||
deadline for the report containing the information in the record. | ||
SECTION 4.06. Section 254.036, Election Code, is amended by | ||
amending Subsections (c) and (c-1) and adding Subsections (d) and | ||
(d-1) to read as follows: | ||
(c) A candidate, officeholder, or political committee that | ||
is required to file reports with the commission may file reports | ||
that comply with Subsection (a) if: | ||
(1) the candidate, officeholder, or campaign | ||
treasurer of the committee files with the commission an affidavit | ||
stating that the candidate, officeholder, or committee, an agent of | ||
the candidate, officeholder, or committee, or a person with whom | ||
the candidate, officeholder, or committee contracts does not use | ||
computer equipment to keep the current records of political | ||
contributions, political expenditures, or persons making political | ||
contributions to the candidate, officeholder, or committee; and | ||
(2) the candidate, officeholder, or committee has | ||
never [ |
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contributions that in the aggregate exceeded [ |
||
made [ |
||
[ |
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(c-1) An affidavit under Subsection (c) must be filed with | ||
each report filed under Subsection (a). The affidavit must include | ||
a statement that the candidate, officeholder, or political | ||
committee understands that the candidate, officeholder, or | ||
committee shall file reports as required by Subsection (b) if: | ||
(1) the candidate, officeholder, or committee, a | ||
consultant of the candidate, officeholder, or committee, or a | ||
person with whom the candidate, officeholder, or committee | ||
contracts uses computer equipment for a purpose described by | ||
Subsection (c); or | ||
(2) the candidate, officeholder, or committee ever | ||
exceeds $20,000 in political contributions or political | ||
expenditures in a calendar year. | ||
(d) A legislative caucus may file reports that comply with | ||
Subsection (a) if: | ||
(1) the legislative caucus chair files with the | ||
commission an affidavit stating that the caucus, an agent of the | ||
caucus, or a person with whom the caucus contracts does not use | ||
computer equipment to keep the current records of contributions, | ||
expenditures, or persons making contributions to the caucus; and | ||
(2) the caucus has never, in a calendar year, accepted | ||
contributions that in the aggregate exceeded $20,000 or made | ||
expenditures that in the aggregate exceeded $20,000. | ||
(d-1) An affidavit under Subsection (d) must be filed with | ||
each report filed under Subsection (a). The affidavit must include | ||
a statement that the legislative caucus understands that the caucus | ||
shall file reports as required by Subsection (b) if: | ||
(1) the caucus, a consultant of the caucus, or a person | ||
with whom the caucus contracts uses computer equipment for a | ||
purpose described by Subsection (d); or | ||
(2) the caucus ever exceeds $20,000 in contributions | ||
or expenditures in a calendar year. | ||
SECTION 4.07. Subsection (c), Section 254.0405, Election | ||
Code, is amended to read as follows: | ||
(c) A semiannual report that is amended on or after the | ||
eighth day after the original report was filed is considered to have | ||
been filed on the date on which the original report was filed if: | ||
(1) the amendment is made before any inquiry | ||
[ |
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and | ||
(2) the original report was made in good faith and | ||
without an intent to mislead or to misrepresent the information | ||
contained in the report. | ||
SECTION 4.08. Subsections (a) and (b), Section 254.042, | ||
Election Code, are amended to read as follows: | ||
(a) The commission shall determine from any available | ||
evidence whether a report required to be filed with the commission | ||
under this chapter is late. On making that determination, the | ||
commission shall immediately notify [ |
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determination. | ||
(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 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 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 [ |
||
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 4.09. Subchapter C, Chapter 254, Election Code, is | ||
amended by adding Section 254.067 to read as follows: | ||
Sec. 254.067. REPORT NOT REQUIRED. If during any reporting | ||
period prescribed by this subchapter a candidate designates a | ||
specific-purpose committee as the candidate's principal political | ||
committee as provided by Section 252.101, the candidate is not | ||
required to file a report covering that period if the candidate's | ||
principal political committee reports all of the activity that | ||
would otherwise be required to be included in the report, | ||
including: | ||
(1) the amount of any political contribution, | ||
including any loan, made by the candidate to the principal | ||
political committee; and | ||
(2) the amount of any political expenditure made by | ||
the candidate from personal funds and whether the candidate intends | ||
to seek reimbursement of the expenditure from the principal | ||
political committee. | ||
SECTION 4.10. Section 254.095, Election Code, is amended to | ||
read as follows: | ||
Sec. 254.095. REPORT NOT REQUIRED. (a) If at the end of | ||
any reporting period prescribed by this subchapter an officeholder | ||
who is required to file a report with an authority other than the | ||
commission has not accepted political contributions that in the | ||
aggregate exceed $500 or made political expenditures that in the | ||
aggregate exceed $500, the officeholder is not required to file a | ||
report covering that period. | ||
(b) If during any reporting period prescribed by this | ||
subchapter an officeholder designates a specific-purpose committee | ||
as the officeholder's principal political committee as provided by | ||
Section 252.101, the officeholder is not required to file a report | ||
covering that period if the officeholder's principal political | ||
committee reports all of the activity that would otherwise be | ||
required to be included in the report, including: | ||
(1) the amount of any political contribution, | ||
including any loan, made by the officeholder to the principal | ||
political committee; and | ||
(2) the amount of any political expenditure made by | ||
the officeholder from personal funds and whether the officeholder | ||
intends to seek reimbursement of the expenditure from the principal | ||
political committee. | ||
SECTION 4.11. Section 254.157, Election Code, is amended to | ||
read as follows: | ||
Sec. 254.157. MONTHLY REPORTING SCHEDULE. (a) The | ||
campaign treasurer of a general-purpose committee filing monthly | ||
reports shall file a report not later than the 10th [ |
||
the month following the period covered by the report. A report | ||
covering the month preceding an election in which the committee is | ||
involved must be received by the commission [ |
||
|
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day of the month following the period covered by the report. | ||
(b) A monthly report covers the period beginning the first | ||
calendar [ |
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calendar [ |
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SECTION 4.12. Section 254.158, Election Code, is amended to | ||
read as follows: | ||
Sec. 254.158. EXCEPTION TO MONTHLY REPORTING SCHEDULE. If | ||
the campaign treasurer appointment of a general-purpose committee | ||
filing monthly reports is filed after January 1 of the year in which | ||
monthly reports are filed, the period covered by the first monthly | ||
report begins the day the appointment is filed and continues | ||
through the last calendar [ |
||
appointment is filed unless the appointment is filed the last | ||
calendar [ |
||
period continues through the last calendar [ |
||
following the month in which the appointment is filed. | ||
SECTION 4.13. The changes in law made by this article apply | ||
only to a report required to be filed under Chapter 254, Election | ||
Code, on or after the effective date of this Act. A report required | ||
to be filed under Chapter 254, Election Code, before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
report is due, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4.14. (a) Not later than September 15, 2013, each | ||
legislative caucus in existence on September 1, 2013, shall appoint | ||
a caucus chair and file a caucus chair appointment with the Texas | ||
Ethics Commission as required by Subchapter B, Chapter 252, | ||
Election Code, as added by this Act. Notwithstanding Section | ||
254.0311, Election Code, as amended by this Act: | ||
(1) not later than October 1, 2013, a legislative | ||
caucus shall file a report under Section 254.0311, Election Code, | ||
as that section existed before amendment by this Act, that covers | ||
the period beginning July 1, 2013, or the day the caucus is | ||
organized, as applicable, and continuing through September 15, | ||
2013; and | ||
(2) not later than January 15, 2014, a legislative | ||
caucus chair appointed under this subsection shall file a report | ||
under Section 254.0311, Election Code, as amended by this Act, that | ||
covers the period beginning September 15, 2013, and continuing | ||
through December 31, 2013. | ||
(b) A legislative caucus chair appointed under Subsection | ||
(a) of this section is not responsible for: | ||
(1) reporting caucus activity that occurs before | ||
September 15, 2013; or | ||
(2) maintaining records of caucus activity that occurs | ||
before September 15, 2013. | ||
ARTICLE 5. LOBBYING | ||
SECTION 5.01. Section 305.002, Government Code, is amended | ||
by adding Subdivision (2-a) to read as follows: | ||
(2-a) "Communicates directly with a member of the | ||
legislative or executive branch to influence legislation or | ||
administrative action" or any variation of the phrase includes | ||
establishing goodwill with the member for the purpose of later | ||
communicating with the member to influence legislation or | ||
administrative action. | ||
SECTION 5.02. Subsection (b), Section 305.0021, Government | ||
Code, is amended to read as follows: | ||
(b) For purposes of Section 36.02 or 36.10, Penal Code, a | ||
person described by Subsection (a)(2)(A) is not considered to have | ||
made an expenditure [ |
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SECTION 5.03. Section 305.003, Government Code, is amended | ||
by adding Subsections (b-3) and (b-4) to read as follows: | ||
(b-3) Subsection (a)(2) does not require a person to | ||
register if the person spends not more than 26 hours for which the | ||
person is compensated or reimbursed during the calendar quarter | ||
engaging in activity to communicate directly with a member of the | ||
legislative or executive branch to influence legislation or | ||
administrative action. | ||
(b-4) If a person spends more than eight hours in a single | ||
day engaging in activity to communicate directly with a member of | ||
the legislative or executive branch to influence legislation or | ||
administrative action, the person is only considered to have | ||
engaged in the activity for eight hours during that day for purposes | ||
of Subsection (b-3). | ||
SECTION 5.04. Subsection (a), Section 305.0062, Government | ||
Code, is amended to read as follows: | ||
(a) The report filed under Section 305.006 must also contain | ||
the total expenditures described by Section 305.006(b) that are | ||
directly attributable to members of the legislative or executive | ||
branch. The expenditures must be stated in only one of the | ||
following categories: | ||
(1) state senators; | ||
(2) state representatives; | ||
(3) elected or appointed state officers, other than | ||
those described by Subdivision (1) or (2); | ||
(4) legislative agency employees; | ||
(5) executive agency employees; | ||
(6) the immediate family of a member of the | ||
legislative or executive branch; | ||
(7) guests, when invited by an individual described by | ||
Subdivision (1), (2), (3), (4), or (5); [ |
||
(8) events to which all legislators are invited; | ||
(9) events to which a legislative committee and the | ||
staff of the legislative committee are invited; | ||
(10) state senators and the staff of state senators; | ||
(11) state representatives and the staff of state | ||
representatives; and | ||
(12) all invited legislative staff. | ||
SECTION 5.05. Section 305.0064, Government Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The rules adopted by the commission under Subsection (b) | ||
may not allow a registrant to file a paper registration or report if | ||
the registrant has ever used the electronic filing system under | ||
Subsection (a). | ||
SECTION 5.06. Section 305.027, Government Code, is amended | ||
by adding Subsection (f) to read as follows: | ||
(f) In this section, "legislative advertising" does not | ||
include material that is printed or published by a member of the | ||
legislative branch and that is only disseminated by a member of the | ||
legislature on the floor of either house of the legislature. | ||
SECTION 5.07. Subsection (g), Section 305.028, Government | ||
Code, is amended to read as follows: | ||
(g) The commission may receive inquiries [ |
||
regarding a violation of this section. If the commission | ||
determines a violation of this section has occurred, the | ||
commission, after notice and hearing: | ||
(1) shall impose a civil penalty in an amount not to | ||
exceed $2,000; and | ||
(2) may rescind the person's registration and may | ||
prohibit the person from registering with the commission for a | ||
period not to exceed two years from the date of the rescission of | ||
the person's registration. | ||
SECTION 5.08. Subsections (a) and (c), Section 305.033, | ||
Government Code, are amended to read as follows: | ||
(a) The commission shall determine from any available | ||
evidence whether a registration or report required to be filed with | ||
the commission under this chapter is late. A registration filed | ||
without the fee required by Section 305.005 is considered to be | ||
late. On making a determination that a required registration or | ||
report is late, the commission shall immediately notify [ |
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filing[ |
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the state of the determination. | ||
(c) If a registration or report is more than 30 days late, | ||
the commission shall issue a warning of liability [ |
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not paid before the 10th day after the date on which the warning is | ||
received, the person is liable for a penalty in an amount determined | ||
by commission rule, but not to exceed $10,000. | ||
SECTION 5.09. Subsection (b), Section 305.034, Government | ||
Code, is amended to read as follows: | ||
(b) Whenever the commission determines that a person has | ||
failed to file any required form, statement, or report as required | ||
by this chapter, the commission shall notify the person involved | ||
[ |
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SECTION 5.10. The amendment by this article to Subsection | ||
(b), Section 305.0021, Government Code, is intended to clarify | ||
rather than change existing law. | ||
SECTION 5.11. Section 305.003, Government Code, as amended | ||
by this article, applies only to a registration or registration | ||
renewal required to be filed under Chapter 305, Government Code, on | ||
or after the effective date of this Act. A registration or | ||
registration renewal required to be filed under Chapter 305, | ||
Government Code, before the effective date of this Act is governed | ||
by the law in effect on the date the registration or registration | ||
renewal is due, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 5.12. Section 305.0062, Government Code, as amended | ||
by this article, applies only to a report required to be filed under | ||
Section 305.006, Government Code, on or after the effective date of | ||
this Act. A report required to be filed under Section 305.006, | ||
Government Code, before the effective date of this Act is governed | ||
by the law in effect on the date the report is due, and the former | ||
law is continued in effect for that purpose. | ||
ARTICLE 6. REPEALER | ||
SECTION 6.01. (a) The following provisions are repealed: | ||
(1) Subsection (j), Section 254.036, Election Code; | ||
(2) Subsections (b) and (f), Section 254.0401, | ||
Election Code; | ||
(3) Section 571.032, Government Code; | ||
(4) Section 571.1212, Government Code; | ||
(5) Subsection (c), Section 572.029, Government Code; | ||
(6) Subsections (a), (d), and (e), Section 572.030, | ||
Government Code; and | ||
(7) Subsection (c), Section 572.034, Government Code. | ||
(b) The repeal of Subsection (c), Section 572.034, | ||
Government Code, applies only to an offense committed on or after | ||
the effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this subsection, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
ARTICLE 7. EFFECTIVE DATE | ||
SECTION 7.01. This Act takes effect September 1, 2013. |