Texas Statutes (Last Updated: January 4, 2014) |
GOVERNMENT CODE |
Title 5. OPEN GOVERNMENT; ETHICS |
Subtitle B. ETHICS |
Chapter 571. TEXAS ETHICS COMMISSION |
Subchapter F. ENFORCEMENT |
Sec. 571.1731. WAIVER OR REDUCTION OF LATE FILING PENALTY
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(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.
(b) The commission may waive or reduce a civil penalty if the commission finds that a waiver or reduction is in the public interest and in the interest of justice. The commission shall consider the following before acting to waive or reduce a civil penalty:
(1) the facts and circumstances supporting the person's request for a waiver or reduction;
(2) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the penalty;
(3) any history of previous violations by the person;
(4) the demonstrated good faith of the person, including actions taken to rectify the consequences of the violation;
(5) the penalty necessary to deter future violations; and
(6) any other matter that justice may require.
(c) After hearing the waiver request, the commission may affirm, reduce, or waive the civil penalty.