89R5816 MZM-F     By: Tepper H.B. No. 1804       A BILL TO BE ENTITLED   AN ACT   relating to compliance with the filing requirements of certain   reports of political contributions and expenditures, including as a   qualification for public elective office; providing an   administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 141, Election Code, is   amended by adding Section 141.005 to read as follows:          Sec. 141.005.  FAILURE TO FILE CERTAIN FINANCIAL REPORTS:   INELIGIBILITY AS CANDIDATE OR OFFICEHOLDER.  (a)  This section   applies only to a report that is required to be filed under:                (1)  Chapter 254;                (2)  Subchapter B, Chapter 572, Government Code;                (3)  Chapter 145, Local Government Code; or                (4)  Chapter 159, Local Government Code.          (b)  A person is ineligible to be a candidate for or to hold a   public office if the person fails to file a report to which this   section applies before the 14th day after the date the report is   due.          (c)  If a person fails to file a report to which this section   applies by the date the report is due, the authority with whom the   report is required to be filed may provide to the person written   notice of:                (1)  the person's failure to file the report; and                (2)  the date by which the person must file the report   before the person is declared ineligible as provided by Section   145.003 to be a candidate for or to hold a public office.          (d)  An authority with whom a report to which this section   applies is required to be filed shall provide written notice of each   person who fails to file the report before the 14th day after the   date the report is due to the appropriate authority under Section   145.003 or, if a certificate of election has been issued, to the   appropriate authority for acting on a resignation or declination   relating to the office to which the person sought election. The   notice must be delivered not later than the 20th day after the date   the report is due. On receipt of the notice, the appropriate   authority shall declare the person ineligible.          SECTION 2.  Subchapter B, Chapter 254, Election Code, is   amended by adding Section 254.04015 to read as follows:          Sec. 254.04015.  MONITORING AVAILABILITY OF CERTAIN REPORTS   ON INTERNET; ADMINISTRATIVE PENALTY. (a) The commission shall   develop procedures for monitoring the Internet websites of each   political subdivision that is required to make a report available   on the political subdivision's Internet website under Section   254.0401(b) to ensure the political subdivision is in substantial   compliance with that requirement.          (b)  The commission may assess an administrative penalty in   an amount not to exceed $5,000 against a political subdivision that   is not in substantial compliance with the requirement described by   Subsection (a). Each day a political subdivision is not in   substantial compliance with that requirement constitutes a   separate violation for purposes of imposing an administrative   penalty under this subsection.          (c)  The commission shall adopt rules as necessary to   implement this section, including rules defining the meaning of   substantial compliance for purposes of this section.          SECTION 3.  Subtitle C, Title 5, Local Government Code, is   amended by adding Chapter 181 to read as follows:   CHAPTER 181. JUDICIAL REMOVAL OF CERTAIN PUBLIC OFFICERS          Sec. 181.001.  APPLICABILITY.  This chapter applies only to   a public officer who is required to file a report under:                (1)  Chapter 254, Election Code;                (2)  Subchapter B, Chapter 572, Government Code;                (3)  Chapter 145; or                (4)  Chapter 159.          Sec. 181.002.  GROUNDS FOR REMOVAL. In addition to any other   law under which the officer may be removed, a public officer to whom   this chapter applies may be removed from office if the officer is   ineligible to hold the office under Section 141.005, Election Code.          Sec. 181.003.  PROCEDURES FOR REMOVAL. A public officer to   whom this chapter applies may be removed from office under this   chapter using the same procedures for removing a county officer   under Subchapter B, Chapter 87.          SECTION 4.  Section 141.005, Election Code, as added by this   Act, applies only to the eligibility of a person to be a candidate   for an office for which an application for a place on the ballot is   required to be filed on or after January 1, 2026.          SECTION 5.  The changes in law made by this Act apply only to   a report under Chapter 254, Election Code, that is required to be   filed on or after the effective date of this Act. A report under   that chapter that is required to be filed before the effective date   of this Act is governed by the law in effect on the date the report   is required to be filed, and the former law is continued in effect   for that purpose.          SECTION 6.  (a) Not later than December 1, 2025, the Texas   Ethics Commission shall adopt rules as required by Section   254.04015, Election Code, as added by this Act.          (b)  Notwithstanding Section 254.04015, Election Code, as   added by this Act, a political subdivision is not subject to an   administrative penalty under that section before January 1, 2026.          SECTION 7.  This Act takes effect September 1, 2025.