By: Zaffirini  S.B. No. 63          (In the Senate - Filed November 14, 2016; January 24, 2017,   read first time and referred to Committee on State Affairs;   April 3, 2017, reported favorably by the following vote:  Yeas 9,   Nays 0; April 3, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the electronic filing of reports of political   contributions and expenditures and of personal financial   statements by certain officeholders and candidates and the content   of those statements; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 254.036, Election Code, is amended by   adding Subsection (f-1) to read as follows:          (f-1)  A report filed under this chapter with an authority   other than the commission may be filed electronically by using   computer software developed by the commission, if the authority   with whom the report is required to be filed has adopted rules and   procedures to provide for the filing of the report using the   software.          SECTION 2.  Sections 571.0671(a), (b), and (c), Government   Code, are amended to read as follows:          (a)  Computer software provided or approved by the   commission for use under Section 254.036(b), Election Code, or   Section 302.013, [or] 305.0064, or 572.0291 must:                (1)  use a standardized format for the entry of names,   addresses, and zip codes;                (2)  provide for secure and encoded transmission of   data from the computer of a person filing a report to the computers   used by the commission;                (3)  be capable of being used by a person with basic   computing skills;                (4)  provide confirmation to a person filing a report   that the report was properly received; and                (5)  permit a person using a computer to prepare a   report or to retrieve information from a report to import   information to the report from a variety of computer software   applications that meet commission specifications for a standard   file format or export information from the report to a variety of   computer software applications that meet commission specifications   for a standard file format without the need to reenter information.          (b)  Before determining the specifications for computer   software developed, purchased, or licensed for use under Section   254.036, Election Code, or Section 302.013, [or] 305.0064, or   572.0291, the commission shall conduct at least one public hearing   to discuss the specifications. For at least 10 days following the   hearing, the commission shall accept public comments concerning the   software specifications.          (c)  The commission may provide software for use under   Section 254.036(b), Election Code, or Section 302.013, [or]   305.0064, or 572.0291 by making the software available on the   Internet. If the commission makes the software available on the   Internet, the commission is not required to provide the software on   computer diskettes, CD-ROMs, or other storage media without charge   to persons required to file reports under that section, but may   charge a fee for providing the software on storage media. A fee   under this subsection may not exceed the cost to the commission of   providing the software.          SECTION 3.  Section 572.023, Government Code, is amended by   adding Subsections (e) and (f) to read as follows:          (e)  Each financial statement filed with a filing authority   other than the commission that is not filed electronically must be   accompanied by an affidavit executed by the person required to file   the financial statement. The affidavit must contain the statement:     "I swear, or affirm, under penalty of perjury, that the   accompanying financial statement is true and correct and includes   all information required to be reported by me under Chapter 572 of   the Government Code."  A financial statement filed under this   chapter is considered to be under oath by the person required to   file the financial statement, and the person is subject to   prosecution under Chapter 37, Penal Code, regardless of the absence   of or a defect in the affidavit.          (f)  A person who electronically files a financial statement   with the commission or another filing authority is not required to   include a notarized affidavit with the financial statement if the   person:                (1)  has requested and received an electronic filing   password pursuant to the rules of the commission or other   authority, as applicable; and                (2)  uses that password to file the financial   statement.          SECTION 4.  Section 145.004, Local Government Code, is   amended by adding Subsection (h) to read as follows:          (h)  A financial statement filed under this chapter may be   filed electronically by using computer software developed by the   Texas Ethics Commission if the clerk or secretary of the   municipality with whom the statement is required to be filed has   adopted rules and procedures to provide for the filing of the   statement using the software.          SECTION 5.  Section 159.004(f), Local Government Code, is   amended to read as follows:          (f)  A county clerk may adopt rules and procedures under this   section relating only to the manner in which a person must   electronically file a financial statement and the required format   of an electronically filed statement. Those rules may allow a   person to file a statement electronically by using computer   software developed by the Texas Ethics Commission.          SECTION 6.  Section 159.0341(b), Local Government Code, is   amended to read as follows:          (b)  An officer with whom a report is required to be filed   under this subchapter may adopt rules and procedures under this   section relating only to the manner in which a person must   electronically file a report and the required format of an   electronically filed report. Those rules may allow a person to file   a report electronically by using computer software developed by the   Texas Ethics Commission.          SECTION 7.  Section 159.053, Local Government Code, is   amended by adding Subsection (d) to read as follows:          (d)  A financial statement filed under this subchapter may be   filed electronically by using computer software developed by the   commission if the county clerk with whom the statement is required   to be filed has adopted rules and procedures to provide for the   filing of the statement using the software.          SECTION 8.  Section 572.023, Government Code, as amended by   this Act, applies only to a financial statement due on or after the   effective date of this Act.  A financial statement due before the   effective date of this Act is governed by the law in effect on the   date the financial statement was due, and the former law is   continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2017.     * * * * *