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H.B. No. 1800
AN ACT
relating to corrected reports, registrations, and statements filed
with the Texas Ethics Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 305.033, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A registration or report other than an activities report
filed by a registrant is not considered to be late for purposes of
this section if the registrant files a corrected or amended
registration or report not later than the 14th business day after
the date the registrant becomes aware of the error or omission in
the registration or report originally filed.
SECTION 2. Section 571.0771, Government Code, is amended by
amending Subsection (a) and adding Subsections (b-1) and (b-2) to
read as follows:
(a) A statement, registration, or report required that is
filed with the commission is not considered to be late for purposes
of any applicable civil penalty for late filing of the statement,
registration, or report if:
(1) the statement, registration, or report as
originally filed substantially complies with the applicable law;
[and]
(2) any error or omission in the statement,
registration, or report as originally filed was made in good faith;
and
(3) the person filing the statement, registration, or
report files a corrected or amended statement, registration, or
report not later than the 14th business day after the date the
person learns that the statement, registration, or report as
originally filed is inaccurate or incomplete.
(b-1) For purposes of Subsection (a)(1), a report, other
than a report required to be filed under Section 254.038, 254.039,
254.064(c), 254.124(c), or 254.154(c), Election Code, does not
substantially comply with the applicable law if it contains an
error or omission other than one of the following:
(1) an obvious typographical error;
(2) the omission of information required for the
commission's administrative purposes;
(3) one or more instances of an incorrectly reported
contribution or an unreported contribution, if the total of
incorrectly reported or unreported contributions does not exceed
the lesser of:
(A) 10 percent of the total contributions
reported on the corrected report; or
(B) $10,000;
(4) one or more instances of an incorrectly reported
contribution or an unreported contribution, if the total of
incorrectly reported or unreported contributions does not exceed
$2,000;
(5) one or more instances of an incorrectly reported
expenditure or an unreported expenditure, if the total of
incorrectly reported or unreported expenditures does not exceed the
lesser of:
(A) 10 percent of the total expenditures reported
on the corrected report; or
(B) $10,000;
(6) one or more instances of an incorrectly reported
expenditure or an unreported expenditure, if the total of
incorrectly reported or unreported expenditures does not exceed
$2,000;
(7) an error in the amount reported under Section
254.031(a)(8), Election Code, if the correct amount:
(A) does not vary by more than 10 percent from the
amount originally reported; and
(B) does not exceed $10,000;
(8) an error in the amount reported under Section
254.031(a)(8), Election Code, if the error in the amount originally
reported does not exceed $2,000; or
(9) a reporting error or omission that the commission
determines is, in context, minor.
(b-2) For purposes of Subsection (a)(1), the commission
shall determine whether a report required to be filed under Section
254.038, 254.039, 254.064(c), 254.124(c), or 254.154(c), Election
Code, substantially complies with Chapter 254, Election Code.
SECTION 3. Section 305.033(f), Government Code, as added by
this Act, applies only to a registration or report required to be
filed under Chapter 305, Government Code, that is due on or after
September 1, 2005. A registration or report required to be filed
under Chapter 305, Government Code, that is due before September 1,
2005, is governed by the law in effect on the date the registration
or report is due, and the former law is continued in effect for that
purpose.
SECTION 4. Section 571.0771, Government Code, as amended by
this Act, applies only to a report, registration, or statement
required to be filed with the Texas Ethics Commission that is due on
or after September 1, 2005. A report, registration, or statement
required to be filed with the Texas Ethics Commission that is due
before September 1, 2005, is governed by the law in effect on the
date the report, registration, or statement is due, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1800 was passed by the House on April
29, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1800 on May 27, 2005, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1800 on May 29, 2005, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1800 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1800 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor