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  H.B. No. 2195
 
 
 
 
AN ACT
  relating to the time of day by which a report must be filed
  electronically with the Texas Ethics Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 254.037, Election Code, is amended to
  read as follows:
         Sec. 254.037.  FILING DEADLINE. (a)  Except as provided by
  Subsection (b), the [The] deadline for filing a report required by
  this chapter is 5 p.m. on the last day permitted under this chapter
  for filing the report.
         (b)  The deadline for filing a report electronically with the
  commission as required by this chapter is midnight on the last day
  for filing the report.
         SECTION 2.  Section 254.038(c), Election Code, is amended to
  read as follows:
         (c)  A report under this section shall be filed
  electronically, by telegram or telephonic facsimile machine, or by
  hand, in the form required by Section 254.036. The commission must
  receive a [the] report under this section filed by telegram,
  telephonic facsimile machine, or hand not later than 5 p.m. of the
  first business day after the date the contribution is accepted. The
  commission must receive a report under this section filed
  electronically not later than midnight of the first business day
  after the date the contribution is accepted. A report under this
  section is not required to be accompanied by the affidavit required
  under Section 254.036(h) or to be submitted on a form prescribed by
  the commission. A report under this section that complies with
  Section 254.036(a) must be accompanied by an affidavit under
  Section 254.036(c)(1) unless the candidate or committee has
  submitted an affidavit under Section 254.036(c)(1) with another
  report filed in connection with the election for which a report is
  required under this section.
         SECTION 3.  Section 302.015(b), Government Code, is amended
  to read as follows:
         (b)  A statement required to be filed on the day before a
  regular or called session convenes must actually be delivered and
  in the possession of the Texas Ethics Commission not later than
  midnight [5 p.m.] of that day.
         SECTION 4.  Section 305.010, Government Code, is amended to
  read as follows:
         Sec. 305.010.  TIMELINESS OF FILING REGISTRATIONS AND
  REPORTS. (a) A registration or report filed by first-class United
  States mail or by common or contract carrier is timely if:
               (1)  it is properly addressed with postage or handling
  charges prepaid; and
               (2)  it bears a post office cancellation mark or a
  receipt mark from a common or contract carrier indicating a time
  within the applicable filing period or before the applicable filing
  deadline or if the person required to file furnishes satisfactory
  proof that it was deposited in the mail or with a common or contract
  carrier within that period or before that deadline.
         (b)  A registration or report filed by means of electronic
  transfer is timely if it is received by the commission not later
  than midnight on the last day permitted under this chapter for
  filing the report or registration.
         SECTION 5.  Subchapter C, Chapter 571, Government Code, is
  amended by adding Section 571.0645 to read as follows:
         Sec. 571.0645.  FILING DEADLINE FOR ELECTRONIC REPORTS. The
  commission shall by rule establish that the deadline for any report
  filed electronically with the commission is midnight on the last
  day for filing the report under the law requiring the filing of the
  report.
         SECTION 6.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2195 was passed by the House on May 2,
  2007, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2195 was passed by the Senate on May
  18, 2007, by the following vote:  Yeas 29, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor