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A BILL TO BE ENTITLED
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AN ACT
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relating to ethics of public servants, including the functions and |
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duties of the Texas Ethics Commission; the regulation of political |
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contributions, political advertising, lobbying, and conduct of |
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public servants; and the reporting of political contributions and |
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expenditures and personal financial information; providing civil |
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and criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROCEDURES OF TEXAS ETHICS COMMISSION |
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SECTION 1.01. Subchapter B, Chapter 571, Government Code, |
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is amended by adding Section 571.033 to read as follows: |
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Sec. 571.033. NOTIFICATION PROCEDURES. The commission |
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shall adopt rules prescribing how the commission will notify any |
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person or provide any notice required by this subtitle, Chapter |
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305, or Title 15, Election Code. |
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SECTION 1.02. Section 571.0671, Government Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Electronic report data saved in a commission temporary |
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storage location for later retrieval and editing before the report |
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is filed is confidential and may not be disclosed. After the report |
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is filed, the information disclosed in the report is subject to the |
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law requiring the filing of the report. |
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ARTICLE 2. PERSONAL FINANCIAL STATEMENTS |
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SECTION 2.01. Section 571.0671, Government Code, is amended |
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to read as follows: |
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Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING |
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SOFTWARE. (a) Computer software provided or approved by the |
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commission for use under Section 254.036(b), Election Code, or |
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Section 302.013, [or] 305.0064, or 572.0291 must: |
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(1) use a standardized format for the entry of names, |
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addresses, and zip codes; |
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(2) provide for secure and encoded transmission of |
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data from the computer of a person filing a report to the computers |
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used by the commission; |
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(3) be capable of being used by a person with basic |
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computing skills; |
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(4) provide confirmation to a person filing a report |
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that the report was properly received; and |
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(5) permit a person using a computer to prepare a |
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report or to retrieve information from a report to import |
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information to the report from a variety of computer software |
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applications that meet commission specifications for a standard |
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file format or export information from the report to a variety of |
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computer software applications that meet commission specifications |
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for a standard file format without the need to reenter information. |
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(b) Before determining the specifications for computer |
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software developed, purchased, or licensed for use under Section |
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254.036, Election Code, or Section 302.013, [or] 305.0064, or |
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572.0291, the commission shall conduct at least one public hearing |
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to discuss the specifications. For at least 10 days following the |
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hearing, the commission shall accept public comments concerning the |
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software specifications. |
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(c) The commission may provide software for use under |
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Section 254.036(b), Election Code, or Section 302.013, [or] |
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305.0064, or 572.0291 by making the software available on the |
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Internet. If the commission makes the software available on the |
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Internet, the commission is not required to provide the software on |
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computer diskettes, CD-ROMs, or other storage media without charge |
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to persons required to file reports under that section, but may |
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charge a fee for providing the software on storage media. A fee |
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under this subsection may not exceed the cost to the commission of |
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providing the software. |
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SECTION 2.02. Subchapter B, Chapter 572, Government Code, |
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is amended by adding Section 572.0291 to read as follows: |
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Sec. 572.0291. ELECTRONIC FILING REQUIRED. A financial |
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statement filed with the commission must be filed by computer |
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diskette, modem, or other means of electronic transfer, using |
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computer software provided by the commission or computer software |
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that meets commission specifications for a standard file format. |
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SECTION 2.03. Subchapter B, Chapter 572, Government Code, |
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is amended by adding Section 572.0292 to read as follows: |
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Sec. 572.0292. PREPARATION OF FORMS. The commission shall |
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design forms that may be used for filing a financial statement with |
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an authority other than the commission. |
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SECTION 2.04. The heading to Section 572.030, Government |
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Code, is amended to read as follows: |
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Sec. 572.030. NOTIFICATION OF FILING REQUIREMENT |
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[PREPARATION AND MAILING OF FORMS]. |
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SECTION 2.05. Subsections (b) and (c), Section 572.030, |
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Government Code, are amended to read as follows: |
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(b) The commission shall notify [mail to] each individual |
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required to file under this subchapter of [a notice that]: |
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(1) the requirement [states] that the individual [is
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required to] file a financial statement under this subchapter; |
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(2) [identifies] the filing dates for the financial |
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statement as provided by Sections 572.026 and 572.027; and |
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(3) [describes] the manner in which the individual may |
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electronically file the financial statement and access |
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instructions for filing financial statements on [obtain the
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financial statement forms and instructions from] the commission's |
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Internet website[;
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[(4)
states that on request of the individual, the
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commission will mail to the individual a copy of the financial
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statement forms and instructions; and
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[(5)
states, if applicable, the fee for mailing the
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forms and instructions and the manner in which the individual may
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pay the fee]. |
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(c) The notification [notice] required by Subsection (b) |
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must be provided [mailed]: |
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(1) before the 30th day before the deadline for filing |
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the financial statement under Section 572.026(a) or (c), except as |
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otherwise provided by this subsection; |
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(2) not later than the 15th day after the applicable |
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deadline for filing an application for a place on the ballot or a |
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declaration of write-in candidacy for candidates required to file |
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under Section 572.027(a), (b), or (c); |
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(3) not later than the seventh day after the date of |
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appointment for individuals required to file under Section |
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572.026(b), or if the legislature is in session, sooner if |
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possible; and |
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(4) not later than the fifth day after the date the |
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certificate of nomination is filed for candidates required to file |
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under Section 572.027(d) [574.027(d)]. |
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SECTION 2.06. Subsection (b), Section 572.031, Government |
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Code, is amended to read as follows: |
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(b) If the commission determines that an individual has |
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failed to file the statement in compliance with this subchapter, |
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the commission shall notify [send a written statement of the
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determination to] the appropriate prosecuting attorney for |
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[attorneys of] the state of the determination. |
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SECTION 2.07. Section 572.032, Government Code, is amended |
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by amending Subsection (a-1) and adding Subsection (a-2) to read as |
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follows: |
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(a-1) The commission shall remove the home address of a |
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judge, [or] justice, or district attorney from a financial |
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statement filed under this subchapter before: |
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(1) permitting a member of the public to view the |
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statement; or |
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(2) providing a copy of the statement to a member of |
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the public. |
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(a-2) The commission shall remove the home address of an |
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individual from a financial statement filed by the individual under |
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this subchapter before: |
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(1) permitting a member of the public to view the |
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statement; or |
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(2) providing a copy of the statement to a member of |
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the public. |
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SECTION 2.08. Subsections (a) and (b), Section 572.033, |
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Government Code, are amended to read as follows: |
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(a) The commission shall determine from any available |
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evidence whether a statement required to be filed under this |
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subchapter is late. On making a determination that the statement is |
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late, the commission shall notify [immediately mail a notice of the
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determination to] the individual responsible for filing the |
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statement and [to] the appropriate prosecuting attorney for the |
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state of the determination. |
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(b) If a statement is determined to be late, the individual |
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responsible for filing the statement is liable to the state for a |
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civil penalty of $500. If a statement is more than 30 days late, the |
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commission shall issue a warning of liability [by registered mail] |
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to the individual responsible for the filing. If the penalty is not |
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paid before the 10th day after the date on which the warning is |
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received, the individual is liable for a civil penalty in an amount |
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determined by commission rule, but not to exceed $10,000. |
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SECTION 2.09. Section 145.003, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The statement may be filed with the clerk or secretary |
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by electronic mail. The clerk or secretary may prescribe |
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guidelines for filing by electronic mail. |
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SECTION 2.10. Subsection (d), Section 145.004, Local |
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Government Code, is amended to read as follows: |
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(d) The timeliness of the filing is governed by Section |
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572.029, Government Code. In addition, a financial statement that |
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is not filed by electronic mail is timely filed if it is properly |
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addressed and placed in the United States post office or in the |
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hands of a common or contract carrier not later than the last day |
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for filing the financial statement. The post office cancellation |
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mark or the receipt mark of a common or contract carrier is prima |
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facie evidence of the date the statement was deposited with the post |
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office or carrier. The individual filing the statement may show by |
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competent evidence that the actual date of posting was different |
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from that shown by the mark. |
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SECTION 2.11. Section 159.003, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The statement may be filed with the county clerk by |
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electronic mail. The county clerk may prescribe guidelines for |
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filing by electronic mail. |
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SECTION 2.12. Subsection (b), Section 159.004, Local |
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Government Code, is amended to read as follows: |
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(b) The timeliness of the filing is governed by Section |
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572.029, Government Code. In addition, a financial statement that |
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is not filed by electronic mail is timely filed if it is properly |
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addressed and placed in the United States post office or in the |
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hands of a common or contract carrier not later than the last day |
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for filing the financial statement. The post office cancellation |
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mark or the receipt mark of a common or contract carrier is prima |
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facie evidence of the date the statement was deposited with the post |
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office or carrier. The individual filing the statement may show by |
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competent evidence that the actual date of posting was different |
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from that shown by the mark. |
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SECTION 2.13. Section 159.034, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A report filed under this subchapter may be filed by |
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electronic mail. The authority with whom the report is filed may |
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prescribe guidelines for filing by electronic mail. |
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SECTION 2.14. Section 159.052, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A financial statement filed with the county clerk may be |
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filed by electronic mail. The county clerk may prescribe |
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guidelines for filing by electronic mail under this subsection. |
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SECTION 2.15. Subsection (b), Section 159.053, Local |
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Government Code, is amended to read as follows: |
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(b) The timeliness of the filing is governed by Section |
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572.029, Government Code. In addition, a financial statement that |
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is not filed by electronic mail is timely filed if it is properly |
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addressed and placed in the United States post office or in the |
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hands of a common or contract carrier not later than the last day |
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for filing the financial statement. The post office cancellation |
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mark or the receipt mark of a common or contract carrier is prima |
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facie evidence of the date the statement was deposited with the post |
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office or carrier. The individual filing the statement may show by |
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competent evidence that the actual date of posting was different |
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from that shown by the mark. |
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SECTION 2.16. Subsection (a-1), Section 572.032, |
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Government Code, as amended by this Act, applies to any financial |
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statement filed under Subchapter B, Chapter 572, Government Code, |
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that the Texas Ethics Commission maintains on file and that is |
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accessible to the public on or after the effective date of this Act. |
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SECTION 2.17. Subsection (a-2), Section 572.032, |
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Government Code, as added by this Act, applies only to a financial |
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statement filed under Subchapter B, Chapter 572, Government Code, |
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on or after the date the Texas Ethics Commission determines that the |
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computer software that a person is required to use to |
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electronically file a financial statement includes features that |
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allow the commission to easily and quickly redact information in |
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the statement. A financial statement filed before that date is |
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governed by the law in effect on the date of filing, and the former |
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law is continued in effect for that purpose. |
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ARTICLE 3. CAMPAIGN FINANCE |
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SECTION 3.01. Subdivision (16), Section 251.001, Election |
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Code, is amended to read as follows: |
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(16) "Political advertising" means a communication |
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supporting or opposing a candidate for nomination or election to a |
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public office or office of a political party, a political party, a |
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public officer, or a measure that: |
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(A) in return for consideration, is published in |
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a newspaper, magazine, or other periodical or is broadcast by radio |
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or television; [or] |
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(B) is transmitted by an automated dial |
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announcing device, as defined by Section 55.121, Utilities Code; or |
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(C) appears: |
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(i) in a pamphlet, circular, flier, |
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billboard or other sign, bumper sticker, or similar form of written |
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communication; or |
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(ii) on an Internet website. |
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SECTION 3.02. Section 251.003, Election Code, is amended to |
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read as follows: |
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Sec. 251.003. [PROHIBITION OF] DOCUMENT FILING FEE. (a) A |
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candidate, an officeholder other than the secretary of state, and a |
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political committee shall pay an annual fee for each year in which |
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the candidate, officeholder, or political committee files [A charge
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may not be made for filing] a document required to be filed under |
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this title. |
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(b) This section does not apply to: |
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(1) a candidate, officeholder, or specific-purpose |
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committee who files reports under this title with an authority |
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other than the commission; |
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(2) a candidate who filed a petition in lieu of the |
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filing fee with the candidate's application for a place on the |
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ballot; or |
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(3) an officeholder who filed a petition in lieu of the |
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filing fee with the application for a place on the ballot as a |
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candidate for the office held by the officeholder. |
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(c) The commission shall by rule determine the amount of the |
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annual fee under this section in an amount, not to exceed $100, that |
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the commission determines necessary for the administration of this |
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title. |
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(d) The commission shall adopt rules to implement this |
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section. |
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SECTION 3.03. The heading to Chapter 252, Election Code, is |
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amended to read as follows: |
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CHAPTER 252. CAMPAIGN TREASURER, AND PRINCIPAL POLITICAL COMMITTEE |
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SECTION 3.04. Chapter 252, Election Code, is amended by |
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designating Sections 252.001 through 252.015 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. CAMPAIGN TREASURER |
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SECTION 3.05. Section 252.001, Election Code, is amended to |
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read as follows: |
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Sec. 252.001. APPOINTMENT OF CAMPAIGN TREASURER REQUIRED. |
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Except as provided in Subchapter C, each [Each] candidate and each |
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political committee shall appoint a campaign treasurer as provided |
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by this subchapter [chapter]. |
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SECTION 3.06. Subchapter A, Chapter 252, Election Code, is |
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amended by adding Section 252.00311 to read as follows: |
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Sec. 252.00311. CERTAIN USE OF CANDIDATE'S NAME BY |
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POLITICAL COMMITTEE PROHIBITED. (a) Notwithstanding Section |
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252.0031(b), the name of a political committee may not include the |
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name of any candidate that the committee supports if the candidate |
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has not previously consented to and approved of the committee's |
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formation. |
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(b) A violation of this section is a deceptive trade |
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practice under Subchapter E, Chapter 17, Business & Commerce Code, |
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and is actionable under that subchapter. |
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SECTION 3.07. Chapter 252, Election Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. PRINCIPAL POLITICAL COMMITTEE |
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Sec. 252.101. DESIGNATION OF PRINCIPAL POLITICAL |
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COMMITTEE. (a) A candidate required to file a campaign treasurer |
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appointment with the commission or an officeholder of an office for |
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which a candidate is required to file a campaign treasurer |
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appointment with the commission may designate a specific-purpose |
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committee as the principal political committee for the candidate or |
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officeholder with the responsibility of reporting any activity of |
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the candidate or officeholder for which the candidate or |
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officeholder would otherwise be required to file a report under |
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Chapter 254. |
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(b) A candidate who designates a principal political |
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committee under this subchapter is not required to appoint a |
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campaign treasurer under Subchapter A. |
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(c) A designation of a principal political committee must be |
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in writing and filed with the commission. |
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Sec. 252.102. LIMITATION ON DESIGNATION OF AND AS PRINCIPAL |
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POLITICAL COMMITTEE. (a) A candidate or officeholder may |
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designate only one specific-purpose committee as the candidate's or |
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officeholder's principal political committee. |
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(b) A specific-purpose committee may be designated as the |
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principal political committee for only one candidate or |
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officeholder. |
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SECTION 3.08. Subchapter A, Chapter 253, Election Code, is |
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amended by adding Section 253.006 to read as follows: |
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Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY |
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LOBBYISTS RESTRICTED. (a) In this section, "administrative |
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action," "communicates directly with," "legislation," "member of |
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the executive branch," and "member of the legislative branch" have |
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the meanings assigned by Section 305.002, Government Code. |
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(b) Notwithstanding any other provision of law and except as |
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provided by Subsection (c), a person required to register under |
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Chapter 305, Government Code, may not, before the second |
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anniversary of the date the last term for which the person was |
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elected ends, knowingly make or authorize a political contribution |
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or political expenditure from political contributions accepted by |
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the person as a candidate or officeholder. |
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(c) Subsection (b) does not apply to a person who: |
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(1) communicates directly with a member of the |
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legislative or executive branch only to influence legislation or |
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administrative action on behalf of: |
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(A) a nonprofit organization exempt from federal |
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income taxation under Section 501(a), Internal Revenue Code of |
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1986, as an organization described by Section 501(c)(3) of that |
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code; |
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(B) a group of low-income individuals; or |
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(C) a group of individuals with disabilities; |
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and |
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(2) does not receive compensation other than |
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reimbursement for actual expenses for engaging in communication |
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described by Subdivision (1). |
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(d) A person who violates this section commits an offense. |
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An offense under this section is a Class A misdemeanor. |
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SECTION 3.09. Subsection (a), Section 253.158, Election |
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Code, is amended to read as follows: |
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(a) For purposes of Sections 253.155 and 253.157, a |
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contribution by the [spouse or] child of an individual is |
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considered to be a contribution by the individual. |
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SECTION 3.10. Section 254.036, Election Code, is amended by |
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amending Subsections (c) and (c-1) and adding Subsections (d) and |
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(d-1) to read as follows: |
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(c) A candidate, officeholder, or political committee that |
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is required to file reports with the commission may file reports |
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that comply with Subsection (a) if: |
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(1) the candidate, officeholder, or campaign |
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treasurer of the committee files with the commission an affidavit |
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stating that the candidate, officeholder, or committee, an agent of |
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the candidate, officeholder, or committee, or a person with whom |
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the candidate, officeholder, or committee contracts does not use |
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computer equipment to keep the current records of political |
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contributions, political expenditures, or persons making political |
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contributions to the candidate, officeholder, or committee; and |
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(2) the candidate, officeholder, or committee has |
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never [does not], in a calendar year, accepted [accept] political |
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contributions that in the aggregate exceeded [exceed] $20,000 or |
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made [make] political expenditures that in the aggregate exceeded |
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[exceed] $20,000. |
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(c-1) An affidavit under Subsection (c) must be filed with |
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each report filed under Subsection (a). The affidavit must include |
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a statement that the candidate, officeholder, or political |
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committee understands that the candidate, officeholder, or |
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committee shall file reports as required by Subsection (b) if: |
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(1) the candidate, officeholder, or committee, a |
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consultant of the candidate, officeholder, or committee, or a |
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person with whom the candidate, officeholder, or committee |
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contracts uses computer equipment for a purpose described by |
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Subsection (c); or |
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(2) the candidate, officeholder, or committee ever |
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exceeds $20,000 in political contributions or political |
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expenditures in a calendar year. |
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(d) A legislative caucus may file reports that comply with |
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Subsection (a) if: |
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(1) the legislative caucus chair files with the |
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commission an affidavit stating that the caucus, an agent of the |
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caucus, or a person with whom the caucus contracts does not use |
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computer equipment to keep the current records of contributions, |
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expenditures, or persons making contributions to the caucus; and |
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(2) the caucus has never, in a calendar year, accepted |
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contributions that in the aggregate exceeded $20,000 or made |
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expenditures that in the aggregate exceeded $20,000. |
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(d-1) An affidavit under Subsection (d) must be filed with |
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each report filed under Subsection (a). The affidavit must include |
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a statement that the legislative caucus understands that the caucus |
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shall file reports as required by Subsection (b) if: |
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(1) the caucus, a consultant of the caucus, or a person |
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with whom the caucus contracts uses computer equipment for a |
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purpose described by Subsection (d); or |
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(2) the caucus ever exceeds $20,000 in contributions |
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or expenditures in a calendar year. |
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SECTION 3.11. Subsections (a) and (b), Section 254.042, |
|
Election Code, are amended to read as follows: |
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(a) The commission shall determine from any available |
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evidence whether a report required to be filed with the commission |
|
under this chapter is late. On making that determination, the |
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commission shall immediately notify [mail a notice of the
|
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determination to] the person required to file the report of the |
|
determination. |
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(b) If a report other than a report under Section |
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254.064(c), 254.124(c), or 254.154(c) or the first report under |
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Section 254.063 or 254.123 that is required to be filed following |
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the primary or general election is determined to be late, the person |
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required to file the report is liable to the state for a civil |
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penalty of $500. If a report under Section 254.064(c), 254.124(c), |
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or 254.154(c) or the first report under Section 254.063 or 254.153 |
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that is required to be filed following the primary or general |
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election is determined to be late, the person required to file the |
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report is liable to the state for a civil penalty of $500 for the |
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first day the report is late and $100 for each day thereafter that |
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the report is late. If a report is more than 30 days late, the |
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commission shall issue a warning of liability [by registered mail] |
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to the person required to file the report. If the penalty is not |
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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 |
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determined by commission rule, but not to exceed $10,000. |
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SECTION 3.12. Subchapter C, Chapter 254, Election Code, is |
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amended by adding Section 254.067 to read as follows: |
|
Sec. 254.067. REPORT NOT REQUIRED. If during any reporting |
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period prescribed by this subchapter a candidate designates a |
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specific-purpose committee as the candidate's principal political |
|
committee as provided by Section 252.101, the candidate is not |
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required to file a report covering that period if the candidate's |
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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 |
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political committee; and |
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(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 3.13. 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 3.14. 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 [fifth] day of |
|
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 [authority with whom
|
|
the report is required to be filed] not later than the 10th [fifth] |
|
day of the month following the period covered by the report. |
|
(b) A monthly report covers the period beginning the first |
|
calendar [26th] day of each month and continuing through the last |
|
calendar [25th] day of that [the following] month[, except that the
|
|
period covered by the first report begins January 1 and continues
|
|
through January 25]. |
|
SECTION 3.15. 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 [25th] day of the month in which the |
|
appointment is filed unless the appointment is filed the last |
|
calendar [25th or a succeeding] day of the month. In that case, the |
|
period continues through the last calendar [25th] day of the month |
|
following the month in which the appointment is filed. |
|
SECTION 3.16. Subchapter J, Chapter 254, Election Code, is |
|
amended by adding Section 254.2611 to read as follows: |
|
Sec. 254.2611. CERTAIN NONPROFIT MEMBERSHIP ASSOCIATIONS |
|
NOT ACTING IN CONCERT. For purposes of Section 254.261, a person is |
|
not considered to be acting in concert with another person if the |
|
person: |
|
(1) is a nonprofit membership association subject to |
|
Subchapter D, Chapter 253; |
|
(2) is part of a multi-tiered local, state, and |
|
national nonprofit membership association structure; and |
|
(3) communicates with any entity within the |
|
multi-tiered association structure to make a direct campaign |
|
expenditure in this state. |
|
SECTION 3.17. Subchapter J, Chapter 254, Election Code, is |
|
amended by adding Section 254.263 to read as follows: |
|
Sec. 254.263. APPLICABILITY OF PRIVILEGE TO CERTAIN PERSONS |
|
MAKING DIRECT CAMPAIGN EXPENDITURES. The privilege established |
|
under Subchapter C, Chapter 22, Civil Practice and Remedies Code, |
|
does not apply to: |
|
(1) a person who is required to file a report under |
|
Section 254.261, who controls a political committee, or who makes a |
|
political expenditure described by Section 253.100(a); |
|
(2) a person who is required to be disclosed on federal |
|
Internal Revenue Service Form 990 as an entity related to a person |
|
described by Subdivision (1); or |
|
(3) a person who is an employee or contractor of, who |
|
acts under the control of, or who acts on behalf of a person |
|
described by Subdivision (1) or (2). |
|
SECTION 3.18. Section 255.001, Election Code, is amended by |
|
amending Subsections (a) and (d) and adding Subsections (a-1) and |
|
(a-2) to read as follows: |
|
(a) A person may not knowingly cause to be published, |
|
distributed, or broadcast political advertising containing express |
|
advocacy that does not include [indicate] in the advertising: |
|
(1) an indication that it is political advertising; |
|
[and] |
|
(2) the full name of: |
|
(A) the person who paid for the political |
|
advertising; |
|
(B) the political committee authorizing the |
|
political advertising; or |
|
(C) the candidate or specific-purpose committee |
|
supporting the candidate, if the political advertising is |
|
authorized by the candidate; |
|
(3) if the political advertising is authorized by the |
|
candidate: |
|
(A) for advertising transmitted through radio, |
|
an audio statement made by the candidate that identifies the |
|
candidate and states that the candidate has approved the |
|
communication; and |
|
(B) for advertising transmitted through |
|
television: |
|
(i) a clearly identifiable photographic or |
|
similar image of the candidate; and |
|
(ii) a statement in writing identifying the |
|
candidate and stating that the candidate has approved the |
|
communication that appears: |
|
(a) at the end of the communication |
|
for not less than four seconds; and |
|
(b) in letters that are at least four |
|
percent of the vertical screen height; and |
|
(4) if the political advertising is not authorized by |
|
the candidate: |
|
(A) for advertising transmitted through radio, |
|
an audio statement of the name of the person who paid for the |
|
advertising, made by an individual named in the statement or by a |
|
representative of a person named in the statement who is not an |
|
individual; and |
|
(B) for advertising transmitted through |
|
television, a written statement that contains the name of the |
|
person who paid for the advertising and that appears: |
|
(i) at the end of the communication for not |
|
less than four seconds; and |
|
(ii) in letters that are at least four |
|
percent of the vertical screen height. |
|
(a-1) An Internet website containing political advertising |
|
must contain the disclosure required by this section on each page of |
|
the website containing the political advertising. The disclosure |
|
must appear: |
|
(1) in a printed box set apart from the rest of the |
|
contents of the page; |
|
(2) in a font size that is at least 12 pixels; and |
|
(3) in black text on a white background or in a text |
|
color so that the degree of contrast between the background color |
|
and the disclosure text color is at least as great as the degree of |
|
contrast between the background color and the color of the largest |
|
text on the page. |
|
(a-2) If political advertising appears on a social media |
|
website, a disclosure that complies with Subsection (a-1) must |
|
appear on the appropriate social media profile page. If political |
|
advertising on an Internet website, including a social media |
|
profile page, is too small to include the disclosure in a manner |
|
that complies with Subsection (a-1), the disclosure satisfies the |
|
requirements of Subsection (a-1) if the disclosure links to another |
|
Internet website page that displays the full disclosure and is |
|
operational and freely accessible during the time the advertisement |
|
is visible. Internet advertising that is too small to include a |
|
disclosure complying with Subsection (a-1) includes an |
|
advertisement classified as a micro bar or button according to |
|
applicable advertising standards, an advertisement that has 200 or |
|
fewer characters, and a graphic or picture link in which including |
|
the disclosure is not reasonably practical because of the size of |
|
the graphic or picture link. |
|
(d) This section does not apply to: |
|
(1) tickets or invitations to political fund-raising |
|
events; |
|
(2) campaign buttons, pins, hats, or similar campaign |
|
materials; [or] |
|
(3) circulars or flyers that cost in the aggregate |
|
less than $500 to publish and distribute; or |
|
(4) political advertising distributed by sending a |
|
text message using a mobile communications service. |
|
SECTION 3.19. Section 257.003, Election Code, is amended by |
|
amending Subsection (a) and adding Subsection (e) to read as |
|
follows: |
|
(a) A political party that accepts contributions authorized |
|
by Section 253.104 shall report all contributions and expenditures |
|
made to and from the account required by Section 257.002, except as |
|
provided by Subsection (e). |
|
(e) A county executive committee of a political party is not |
|
required to file a report under this section if the committee: |
|
(1) has less than $250 in one or more accounts |
|
maintained by the committee in which contributions authorized by |
|
Section 253.104 are deposited, as of the last day of the preceding |
|
reporting period; |
|
(2) has not accepted any contributions authorized by |
|
Section 253.104 during the reporting period to be covered by the |
|
report; and |
|
(3) has not made an expenditure from contributions |
|
authorized by Section 253.104 during the reporting period to be |
|
covered by the report. |
|
SECTION 3.20. Subchapter B, Chapter 305, Government Code, |
|
is amended by adding Section 305.030 to read as follows: |
|
Sec. 305.030. EXPENDITURES FROM POLITICAL CONTRIBUTIONS |
|
RESTRICTED. (a) In this section, "political contribution" has the |
|
meaning assigned by Section 251.001, Election Code. |
|
(b) Notwithstanding any other provision of law and except as |
|
provided by Subsection (c), a person required to register under |
|
this chapter may not, before the second anniversary of the date the |
|
last term for which the person was elected ends, knowingly make or |
|
authorize an expenditure under this chapter from political |
|
contributions accepted by the person as a candidate or |
|
officeholder. |
|
(c) Subsection (b) does not apply to a person who: |
|
(1) communicates directly with a member of the |
|
legislative or executive branch only to influence legislation or |
|
administrative action on behalf of: |
|
(A) a nonprofit organization exempt from federal |
|
income taxation under Section 501(a), Internal Revenue Code of |
|
1986, as an organization described by Section 501(c)(3) of that |
|
code; |
|
(B) a group of low-income individuals; or |
|
(C) a group of individuals with disabilities; and |
|
(2) does not receive compensation other than |
|
reimbursement for actual expenses for engaging in communication |
|
described by Subdivision (1). |
|
SECTION 3.21. Section 253.006, Election Code, as added by |
|
this article, and Section 305.030, Government Code, as added by |
|
this article, apply to a political contribution, political |
|
expenditure, or lobbying expenditure made on or after September 1, |
|
2013, from funds accepted as a political contribution, regardless |
|
of the date the funds were accepted. |
|
SECTION 3.22. Section 253.158, Election Code, as amended by |
|
this Act, applies only to a political contribution accepted on or |
|
after the effective date of this Act. A contribution accepted |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the contribution was accepted or the expenditure |
|
was made, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 3.23. 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 3.24. (a) Not later than September 15, 2015, each |
|
legislative caucus in existence on September 1, 2015, 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, 2015, 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, 2015, or the day the caucus is |
|
organized, as applicable, and continuing through September 15, |
|
2015; and |
|
(2) not later than January 15, 2016, 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, 2015, and continuing |
|
through December 31, 2015. |
|
(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, 2015. |
|
ARTICLE 4. EFFECTIVE DATE |
|
SECTION 4.01. This Act takes effect September 1, 2015. |