Creighton Bill Caps Officials’ Late-Filing Penalty At $500

The text as introduced · 645 words

By: Creighton
S.B. No. 3014

A BILL TO BE ENTITLED

AN ACT

relating to the ability to assess penalties by the Texas Ethics

Commission.

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

SECTION 1. Section 561.0631, 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 on [ 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 ].

(b) Rules adopted under this section must:

(1) clearly outline the types of technical and

clerical errors on registrations and reports filed; and

(2) the time and manner for correcting these types of

errors.

(c) The commission may not assess a penalty or fine for

technical or clerical errors. 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.

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

read as follows:

(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) The commission may not impose a civil penalty except for

knowing violations of laws within the jurisdiction of the

commission. A violation is presumed to not be knowing 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 A [ LATE FILING ]

PENALTY.

SECTION 4. Section 571.1731(a) 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. Section 572.033, Government Code, is 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.

(c) This section is cumulative of any other available

sanction for a late filing of a sworn statement. ]

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 on three separate

occasions as required by this subchapter.

The following provisions of the Government Code are repealed:

(1) Section 571.079; and

(2) Section 572.007.

SECTION 7. This Act takes effect September 1, 2025.