85R7054 EES-F     By: Davis of Harris H.B. No. 2474       A BILL TO BE ENTITLED   AN ACT   relating to the electronic filing of certain reports of political   contributions and expenditures with the Texas Ethics Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 251.033(a), Election Code, is amended to   read as follows:          (a)  The commission shall notify each person responsible for   filing a report with the commission under Subchapters C through F,   Chapter 254, of the deadline for filing a report, except that notice   of the deadline is not required for a political committee involved   in an election other than a primary election or the general election   for state and county officers or for a person who is required to   file a report electronically with the commission under Section   254.0395.  Notification under this subsection may be sent by   electronic mail.          SECTION 2.  Sections 254.036(a), (b), (c), (h), (i), and   (j), Election Code, are amended to read as follows:          (a)  Each report filed under this chapter with an authority   other than the commission must be in a format prescribed by the   commission.  A report filed with the commission that is not required   to be filed electronically [by computer diskette, modem, or other   means of electronic transfer] must be on a form prescribed by the   commission and written in black ink or typed with black typewriter   ribbon or, if the report is a computer printout, the printout must   conform to the same format and paper size as the form prescribed by   the commission.          (b)  Except as provided by Subsection (c) or (e), each report   filed under this chapter with the commission must be filed   electronically [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.          (c)  Except as otherwise provided by this title, a [A]   candidate, officeholder, or political committee that is required to   file reports with the commission may file reports that comply with   Subsection (a) if:                (1)  the candidate, officeholder, or campaign   treasurer of the committee files [with the commission] an affidavit   stating that the candidate, officeholder, or committee, an agent of   the candidate, officeholder, or committee, or a person with whom   the candidate, officeholder, or committee contracts does not use   computer equipment to keep the current records of political   contributions, political expenditures, or persons making political   contributions to the candidate, officeholder, or committee; and                (2)  the candidate, officeholder, or committee does   not, in a calendar year, accept political contributions that in the   aggregate exceed $20,000 or make political expenditures that in the   aggregate exceed $20,000.          (h)  Each report filed under this chapter that is not filed   electronically [by electronic transfer] must be accompanied by an   affidavit executed by the person required to file the report. The   affidavit must contain the statement: "I swear, or affirm, under   penalty of perjury, that the accompanying report is true and   correct and includes all information required to be reported by me   under Title 15, Election Code." Each report filed under this   chapter electronically [by electronic transfer] must be under oath   by the person required to file the report and must contain, in   compliance with commission specifications, the digitized signature   of the person required to file the report. A report filed under   this chapter is considered to be under oath by the person required   to file the report, and the person is subject to prosecution under   Chapter 37, Penal Code, regardless of the absence of or a defect in   the affidavit.          (i)  Each person required to file reports with the commission   that comply with Subsection (b) shall file with the commission a   verified form requesting a password to access the commission's   electronic report filing system [written statement providing the   manner of electronic transfer that the person will use to file the   report. A statement under this subsection must be filed not later   than the 30th day before the filing deadline for the first report a   person is required to file under Subsection (b). A person who   intends to change the manner of filing described by the person's   most recent statement shall notify the commission of the change not   later than the 30th day before the filing deadline for the report to   which the change applies. If a person does not file a statement   under this subsection, the commission may accept as authentic a   report filed in any manner that complies with Subsection (b). If   the commission receives a report that is not filed in the manner   described by the person's most recent statement under this   subsection, the commission shall promptly notify the person in   writing that the commission has received a report filed in a   different manner than expected].          (j)  As part of the notification required by Section 251.033,   the commission shall mail the appropriate forms to each person   required to file a report with the commission during that reporting   period, except that forms are not required for a person who is   required to file a report with the commission under Section   254.0395.          SECTION 3.  Subchapter B, Chapter 254, Election Code, is   amended by adding Section 254.0395 to read as follows:          Sec. 254.0395.  CERTAIN REPORTS REQUIRED TO BE FILED WITH   COMMISSION. (a)  Notwithstanding any other section of this title,   except as provided by Subsection (b), the following reports must be   filed electronically with the commission, using computer software   provided by the commission or that meets commission specifications   under Section 254.036(b):                (1)  a report by a candidate for or officeholder of a   county office, a precinct office, or a district office other than an   office included in Section 252.005(1);                (2)  a report by the campaign treasurer of a   specific-purpose committee that has a principal purpose of:                      (A)  supporting or opposing the candidacy of or   assisting an officeholder of a county office, a precinct office, or   a district office other than an office included in Section   252.005(1); or                      (B)  supporting or opposing a measure to be   submitted to voters of a single county in an election ordered by a   county authority; and                (3)  a report required under Subchapter H filed by a   former candidate for or former officeholder of a county office, a   precinct office, or a district office other than an office included   in Section 252.005(1).          (b)  If Section 254.036(c) applies to a person required to   file a report electronically with the commission under Subsection   (a), the person may file the report with the authority with whom the   report is otherwise required to be filed if the report is   accompanied by the affidavit described by Section 254.036(c-1).          SECTION 4.  Section 254.041(a), Election Code, is amended to   read as follows:          (a)  A person who is required by this chapter to file a report   commits an offense if the person knowingly fails:                (1)  to file the report on time;                (2)  to file a report electronically [by computer   diskette, modem, or other means of electronic transfer], if the   person is required to file reports that comply with Section   254.036(b); or                (3)  to include in the report information that is   required by this title to be included.          SECTION 5.  Section 254.042, Election Code, is amended by   adding Subsection (d) to read as follows:          (d)  This section does not apply to a report required to be   filed electronically with the commission under Section 254.0395.          SECTION 6.  Section 254.066, Election Code, is amended to   read as follows:          Sec. 254.066.  AUTHORITY WITH WHOM REPORTS FILED. Except as   provided by Section 254.0395, reports [Reports] under this   subchapter shall be filed with the authority with whom the   candidate's campaign treasurer appointment is required to be filed.          SECTION 7.  Section 254.095, Election Code, is amended to   read as follows:          Sec. 254.095.  REPORT NOT REQUIRED. If at the end of any   reporting period prescribed by this subchapter an officeholder who   is required to file a report with an authority other than the   commission or who is required to file a report electronically with   the commission under Section 254.0395 has not accepted political   contributions that in the aggregate exceed $500 or made political   expenditures that in the aggregate exceed $500, the officeholder is   not required to file a report covering that period.          SECTION 8.  Section 254.097, Election Code, is amended to   read as follows:          Sec. 254.097.  AUTHORITY WITH WHOM REPORTS FILED. Except as   provided by Section 254.0395, reports [Reports] under this   subchapter shall be filed with the authority with whom a campaign   treasurer appointment by a candidate for the office held by the   officeholder is required to be filed.          SECTION 9.  Section 254.130(a), Election Code, is amended to   read as follows:          (a)  Except as provided by Subsection (b) or Section   254.0395, reports filed under this subchapter shall be filed with   the authority with whom the political committee's campaign   treasurer appointment is required to be filed.          SECTION 10.  Section 254.202(b), Election Code, is amended   to read as follows:          (b)  Except as provided by Section 254.0395, the [The] report   shall be filed with the authority with whom the person's campaign   treasurer appointment was required to be filed.          SECTION 11.  Section 254.205(b), Election Code, is amended   to read as follows:          (b)  Except as provided by Section 254.0395, the [The] report   shall be filed with the authority with whom the person's campaign   treasurer appointment was required to be filed.          SECTION 12.  Section 571.069, Government Code, is amended by   adding Subsection (g) to read as follows:          (g)  This section does not apply to a report required to be   filed electronically with the commission under Section 254.0395,   Election Code.          SECTION 13.  The changes in law made by this Act apply only   to a report filed with the Texas Ethics Commission on or after the   effective date of this Act.  A report filed before the effective   date of this Act is subject to the law in effect at the time the   report was filed, and the former law is continued in effect for that   purpose.          SECTION 14.  This Act takes effect September 1, 2017.