HB1510 - Relating to the functions and duties of the Texas Ethics Commission.

  89R11916 MZM-D     By: Shaheen H.B. No. 1510       A BILL TO BE ENTITLED   AN ACT   relating to the functions and duties of the Texas Ethics   Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 254.036(b), Election Code, is amended to   read as follows:          (b)  Except as provided by Subsection [ (c) or ] (e), each   report filed under this chapter with the commission must be filed by   computer diskette, modem, or other means of electronic transfer,   using computer software provided by the commission or computer   software that meets commission specifications for a standard file   format.          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 telephonic facsimile machine, or by hand, in the   form required by Section 254.036.  The commission must receive a   report under this section filed by 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 254.039(a-1), Election Code, is amended   to read as follows:          (a-1)  A report under this section shall be filed   electronically, by telephonic facsimile machine, or by hand, in the   form required by Section 254.036.  The commission must receive a   report under this section not later than 5 p.m. of the first   business day after the date the contribution is accepted or the   expenditure is made.  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 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 4.  Sections 254.042(a) and (b), Election Code, are   amended to read as follows:          (a)  The commission shall determine from any available   evidence whether a report required to be filed with the commission   under this chapter is late.  On making that determination, the   commission shall immediately provide [ mail a notice of the   determination ] to the person required to file the report notice of   the determination .          (b)  If a report other than a report under Section   254.064(c), 254.124(c), or 254.154(c) [ or the first report under   Section 254.063 or 254.123 ] that is required to be filed following   the primary or general election is determined to be late, the person   required to file the report is liable to the state for a civil   penalty of $500.  If a report under Section 254.064(c), 254.124(c),   or 254.154(c) [ or the first report under Section 254.063 or   254.153 ] that is required to be filed following the primary or   general election is determined to be late, the person required to   file the report is liable to the state for a civil penalty of $500   for the first day the report is late and $100 for each day   thereafter that the report is late and continuing only through the   day of the election .  If a report is more than 30 days late, the   commission shall issue a warning of liability [ by registered mail ]   to the person required to file the report.  If the penalty is not   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   determined by commission rule, but not to exceed $10,000.          SECTION 5.  Sections 254.157 and 254.158, Election Code, are   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 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   [ 26th ] day of each month and continuing through the last [ 25th ] day   of the [ following ] month[ , except that the period covered by the   first report begins January 1 and continues through January 25 ].          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 [ 25th ] day of the month in which the appointment is   filed [ unless the appointment is filed the 25th or a succeeding day   of the month.   In that case, the period continues through the 25th   day of the month following the month in which the appointment is   filed ].          SECTION 6.  Sections 305.033(a) and (c), Government Code,   are amended to read as follows:          (a)  The commission shall determine from any available   evidence whether a registration or report required to be filed with   the commission under this chapter is late.  A registration filed   without the fee required by Section 305.005 is considered to be   late.  On making a determination that a required registration or   report is late, the commission shall immediately provide [ mail a   notice of the determination ] to the person responsible for the   filing, [ to ] the commission, and [ to ] the appropriate attorney for   the state notice of the determination .          (c)  If a registration or report is more than 30 days late,   the commission shall issue a warning of liability [ by registered   mail ] to the person responsible for the filing.  If the penalty is   not paid before the 10th day after the date on which the warning is   received, the person is liable for a penalty in an amount determined   by commission rule, but not to exceed $10,000.          SECTION 7.  Section 305.034(b), Government Code, is amended   to read as follows:          (b)   If [ Whenever ] the commission determines that a person   has failed to file any required form, statement, or report as   required by this chapter, the commission shall provide [ send a   written statement of this finding ] to the person written notice of   the determination [ involved ].  [ Notice to the person involved must   be sent by certified mail. ]          SECTION 8.  Section 571.022, Government Code, is amended to   read as follows:          Sec. 571.022.  SUNSET PROVISION.  The commission is subject   to review under Chapter 325 (Texas Sunset Act), but is not abolished   under that chapter.  The commission shall be reviewed during the   periods in which state agencies abolished in 2037 [ 2013 ] and every   12th year after that year are reviewed.          SECTION 9.  Section 571.0271, Government Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing [ legislation that created the ]   commission operations ;                (2)  the programs , functions, rules, and budget of   [ operated by ] the commission;                (3)  the scope of and limitations on the rulemaking   authority [ role and functions ] of the commission;                (4)  [ the rules of the commission, with an emphasis on   the rules that relate to disciplinary and investigatory authority;                [ (5)  the current budget for the commission;                [ (6) ]  the results of the most recent formal audit of   the commission;                 (5)  [ (7) ]  the requirements of:                      (A)   laws relating to [ the ] open meetings [ law ],   public information, administrative procedure, and disclosing   conflicts-of-interest [ Chapter 551 ]; and                      (B)  [ the public information law, Chapter 552;                      [ (C)     the administrative procedure law, Chapter   2001; and                      [ (D) ]  other laws applicable to members of a state   policy-making body in performing their duties [ relating to public   officials, including conflict-of-interest laws ]; and                 (6)  [ (8) ]  any applicable ethics policies adopted by   the commission.           (d)     The executive director of the commission shall create a   training manual that includes information required by Subsection   (b). The executive director shall distribute a copy of the training   manual annually to each member of the commission. Each member of   the commission shall sign and submit to the executive director a   statement acknowledging that the member received and has reviewed   the training manual.          SECTION 10.  Subchapter B, Chapter 571, Government Code, is   amended by adding Section 571.033 to read as follows:           Sec.   571.033.     METHOD OF PROVIDING NOTICE. (a)   The   commission by rule shall prescribe the method by which the   commission will provide a notice required by:                 (1)  Chapter 305;                 (2)  this chapter;                 (3)  Chapter 572; or                 (4)  Title 15, Election Code.           (b)     The method the commission prescribes under Subsection   (a) for providing notice may include electronic mail.          SECTION 11.  Section 571.064(b), Government Code, is amended   to read as follows:          (b)  If a law , other than Sections 305.005(g) and (g-1),   administered and enforced by the commission sets dollar amounts or   categories of amounts as reporting thresholds or if the commission   sets those amounts, the commission [ annually ] shall decennially   adjust those thresholds [ upward to the nearest multiple of $10 ] in   accordance with the percentage increase for the previous year in   the Consumer Price Index for Urban Consumers published by the   Bureau of Labor Statistics of the United States Department of Labor   to:                 (1)     the nearest multiple of $10 if the amount [Text truncated for display. 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