Relating to the regulation of technical and clerical errors contained in registrations and reports filed with the Texas Ethics Commission and the commission's authority regarding the imposition of certain penalties.

89(R) SB 3014 - Senate Committee Report version - Bill Text

By: Creighton

S.B. No. 3014

(In the Senate - Filed March 14, 2025; April 7, 2025, read

first time and referred to Committee on State Affairs;

April 16, 2025, reported adversely, with favorable Committee

Substitute by the following vote: Yeas 8, Nays 1; April 16, 2025,

sent to printer.)
Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 3014

By: Hall

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of technical and clerical errors

contained in registrations and reports filed with the Texas Ethics

Commission and the commission's authority regarding the imposition

of certain penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 571.0631, Government Code, is amended to

read as follows:

Sec. 571.0631. RULES CONCERNING TECHNICAL AND CLERICAL

ERRORS
[
VIOLATIONS
].
(a)
The commission shall adopt rules

prescribing procedures for [
investigating and
] resolving technical

and clerical
errors contained in
[
violations of laws within the

commission's jurisdiction.

For
] registrations and reports filed

under
laws within the commission's jurisdiction
[
Chapter 305, the

commission shall consider clerical violations to include obvious

typographical errors
].
The rules must clearly outline:

(1)

the types of errors that constitute a technical or

clerical error; and

(2)

the time and manner for correcting a technical or

clerical error.

(b)
A registrant filing a registration or report
shall

[
under Chapter 305 may
] correct obvious typographical errors

[
without penalty
] by filing either a corrected registration or

report or an updated or amended registration or report.

(c)

Notwithstanding any other law, the commission may not

assess a penalty or fine against a person who files a registration

or report that contains a technical or clerical error based solely

on the error.

SECTION 2. Section 571.173, Government Code, is amended to

read as follows:

Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION.
(a)

The commission may impose a civil penalty of not more than $5,000 or

triple the amount at issue under a law administered and enforced by

the commission, whichever amount is more, for a delay in complying

with a commission order or for a violation of a law administered and

enforced by the commission.

(b)

Notwithstanding any other law, the commission may only

impose a civil penalty for a violation of a law administered and

enforced by the commission if the violation is committed knowingly.

For purposes of this subsection, a violation is presumed to have not

been committed knowingly if the amount at issue is less than $500.

SECTION 3. The heading to Section 571.1731, Government

Code, is amended to read as follows:

Sec. 571.1731. WAIVER OR REDUCTION OF [
LATE FILING
]

PENALTY.

SECTION 4. Section 571.1731(a), Government Code, is amended

to read as follows:

(a) A person may request the waiver or reduction of a civil

penalty [
under Section 305.033(b) or 572.033(b) of this code or

Section 254.042(b), Election Code,
] by submitting an affidavit to

the executive director that states the filer's reasons for

requesting a waiver or reduction.

SECTION 5. Sections 572.033(a) and (b), Government Code,

are amended to read as follows:

(a) The commission shall determine from any available

evidence whether a statement required to be filed under this

subchapter is late. On making a determination that the statement is

late, the commission shall immediately mail a notice of the

determination to the individual responsible for filing the

statement [
and to the appropriate attorney for the state
].

(b) If a statement is determined to be late, the individual

responsible for filing the statement is liable to the state for a

civil penalty of $500. [
If a statement is more than 30 days late,

the commission shall issue a warning of liability by registered

mail to the individual responsible for the filing. If the penalty

is not paid before the 10th day after the date on which the warning

is received, the individual is liable for a civil penalty in an

amount determined by commission rule, but not to exceed $10,000.
]

SECTION 6. Section 572.034(a), Government Code, is amended

to read as follows:

(a) An individual commits an offense if the individual is a

state officer or candidate or state party chair and knowingly and

wilfully fails to file a financial statement as required by this

subchapter
on three separate occasions
.

SECTION 7. The following provisions of the Government Code

are repealed:

(1) Section 571.079;

(2) Section 572.007; and

(3) Section 572.033(c).

SECTION 8. The changes in law made by this Act apply only to

a registration, report, or statement that is required to be filed

with the Texas Ethics Commission on or after the effective date of

this Act. A registration, report, or statement that is required to

be filed before the effective date of this Act is governed by the

law in effect on the date the registration, report, or statement is

required to be filed, and the former law is continued in effect for

that purpose.

SECTION 9. The changes in law made by this Act apply only to

conduct constituting a violation of a law administered and enforced

by the Texas Ethics Commission that occurs on or after the effective

date of this Act. Conduct constituting a violation of a law

administered and enforced by the commission that occurs before the

effective date of this Act is governed by the law in effect on the

date the conduct occurs, and the former law is continued in effect

for that purpose.

SECTION 10. This Act takes effect September 1, 2025.

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