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89(R) HB 1804 - Engrossed version - Bill Text
By: Tepper
H.B. No. 1804
A BILL TO BE ENTITLED
AN ACT
relating to monitoring and enforcement by the Texas Ethics
Commission of the requirement that certain reports filed with a
political subdivision are available on the Internet; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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.
If the commission determines
that a political subdivision is not in substantial compliance with
the requirement under Section 254.0401(b), the commission shall
provide to the political subdivision written notice of that
determination.
(b)
The commission may assess an administrative penalty in
an amount not to exceed $2,500 against a political subdivision that
is not in substantial compliance with the requirement described by
Subsection (a) before the 30th day after the date the political
subdivision receives the notice under that subsection. Each day a
political subdivision is not in substantial compliance with that
requirement after the 30th day after the date the political
subdivision receives the notice 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 2. 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 3. (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 4. This Act takes effect September 1, 2025.