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AN ACT
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relating to the imposition of a civil penalty in connection with a |
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self-corrected statement, registration, or report filed with the |
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Texas Ethics Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.0771, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (c) to read |
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as follows: |
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(a) A statement, registration, or report required that is |
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filed with the commission is not considered to be late for purposes |
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of any applicable civil penalty for late filing of the statement, |
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registration, or report if: |
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(1) [the statement, registration, or report as
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originally filed substantially complies with the applicable law;
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[(2)] any error or omission in the statement, |
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registration, or report as originally filed was made in good faith; |
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and |
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(2) [(3)
the person filing the statement,
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registration, or report files a corrected or amended statement,
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registration, or report] not later than the 14th business day after |
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the date the person filing the statement, registration, or report |
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learns that the statement, registration, or report as originally |
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filed is inaccurate or incomplete, the person files: |
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(A) a corrected or amended statement, |
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registration, or report; and |
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(B) an affidavit stating that the error or |
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omission in the original statement, registration, or report was |
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made in good faith. |
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(b) Subsection (a) [This section] does not apply to: |
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(1) a penalty imposed under Section 571.069 or |
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Subchapter E or F; or |
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(2) a report required to be filed under Section |
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254.038, 254.039, 254.064(c), 254.124(c), or 254.154(c), Election |
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Code. |
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(c) A report required to be filed under Section 254.064(c), |
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254.124(c), or 254.154(c), Election Code, is not considered to be |
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late for purposes of any applicable civil penalty for late filing of |
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the report if: |
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(1) the report as originally filed substantially |
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complies with the applicable law, as determined by the commission; |
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(2) any error or omission in the report as originally |
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filed was made in good faith; and |
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(3) not later than the 14th business day after the date |
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the person filing the report learns that the report as originally |
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filed is inaccurate or incomplete, the person files: |
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(A) a corrected or amended report; and |
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(B) an affidavit stating that the error or |
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omission in the original report was made in good faith. |
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SECTION 2. Sections 571.0771(b-1) and (b-2), Government |
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Code, are repealed. |
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SECTION 3. Section 571.0771, Government Code, as amended by |
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this Act, applies only to a report, registration, or statement |
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required to be filed with the Texas Ethics Commission that is due on |
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or after September 1, 2007. A report, registration, or statement |
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required to be filed with the Texas Ethics Commission that is due |
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before September 1, 2007, is governed by the law in effect on the |
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date the report, registration, or statement is due, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2589 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2589 was passed by the Senate on May |
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18, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |