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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic filing of reports of political |
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contributions and expenditures and of personal financial |
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statements by certain officeholders and candidates and the content |
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of those statements; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.036, Election Code, is amended by |
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adding Subsection (f-1) to read as follows: |
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(f-1) A report filed under this chapter with an authority |
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other than the commission may be filed electronically by using |
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computer software developed by the commission, if the authority |
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with whom the report is required to be filed has adopted rules and |
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procedures to provide for the filing of the report using the |
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software. |
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SECTION 2. Section 571.0671, Government Code, is amended to |
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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 3. Section 572.023, Government Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) Each financial statement filed with a filing authority |
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other than the commission that is not filed electronically must be |
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accompanied by an affidavit executed by the person required to file |
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the financial statement. The affidavit must contain the statement: |
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"I swear, or affirm, under penalty of perjury, that the |
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accompanying financial statement is true and correct and includes |
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all information required to be reported by me under Chapter 572 of |
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the Government Code." A financial statement filed under this |
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chapter is considered to be under oath by the person required to |
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file the financial statement, and the person is subject to |
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prosecution under Chapter 37, Penal Code, regardless of the absence |
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of or a defect in the affidavit. |
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(g) A person who electronically files a financial statement |
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with the commission or another filing authority is not required to |
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include a notarized affidavit with the financial statement if the |
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person: |
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(1) has requested and received an electronic filing |
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password pursuant to the rules of the commission or other |
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authority, as applicable; and |
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(2) uses that password to file the financial |
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statement. |
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SECTION 4. Subchapter B, Chapter 572, Government Code, is |
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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 5. Section 145.004, Local Government Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) A financial statement filed under this chapter may be |
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filed electronically by using computer software developed by the |
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Texas Ethics Commission if the clerk or secretary of the |
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municipality with whom the statement is required to be filed has |
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adopted rules and procedures to provide for the filing of the |
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statement using the software. |
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SECTION 6. Section 159.004(f), Local Government Code, is |
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amended to read as follows: |
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(f) A county clerk may adopt rules and procedures under this |
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section relating only to the manner in which a person must |
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electronically file a financial statement and the required format |
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of an electronically filed statement. Those rules may allow a |
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person to file a statement electronically by using computer |
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software developed by the Texas Ethics Commission. |
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SECTION 7. Section 159.0341(b), Local Government Code, is |
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amended to read as follows: |
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(b) An officer with whom a report is required to be filed |
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under this subchapter may adopt rules and procedures under this |
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section relating only to the manner in which a person must |
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electronically file a report and the required format of an |
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electronically filed report. Those rules may allow a person to file |
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a report electronically by using computer software developed by the |
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Texas Ethics Commission. |
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SECTION 8. Section 159.053, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A financial statement filed under this subchapter may be |
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filed electronically by using computer software developed by the |
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commission if the county clerk with whom the statement is required |
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to be filed has adopted rules and procedures to provide for the |
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filing of the statement using the software. |
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SECTION 9. Section 572.023, Government Code, as amended by |
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this Act, applies only to a financial statement due on or after the |
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effective date of this Act. A financial statement due before the |
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effective date of this Act is governed by the law in effect on the |
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date the financial statement was due, and the former law is |
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continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2015. |