Among the statutes the Commission is charged with administering and enforcing is Chapter 305 of the Texas Government Code, which addresses lobbyist registrations, reports, and activities. Lobbyists are required to file reports with the Commission. If they fail to do so before the 21st day after the date on which the notice was sent, the Commission is mandated to file a sworn complaint of the violation with the appropriate prosecuting attorney. Gov’t. Code, Section 305.034. A knowing and intentional violation of Chapter 305 of the Texas Government Code is punishable as a Class A misdemeanor. Gov’t Code, Section 305.031(a) (paraphrased).
The Commission is also charged with administering and enforcing Chapter 572 of the Texas Government Code, which includes requirements concerning personal financial statements. State officers, candidates for office, and a state party chair must file a verified financial statement with the Commission. Gov’t Code, Section 572.021. If the Commission determines that an individual failed to file such a statement, the Commission is mandated to send a written statement to the appropriate prosecuting attorneys of the state. If a state officer or candidate or state party chair knowingly and willfully fails to file a financial statement, it is punishable as a Class B misdemeanor. Gov’t Code, Sections 572.034.
Upon a vote of six Commissioners, the Commission may refer a matter to the appropriate prosecuting attorney for criminal prosecution. Gov’t Code, Section 571.171, and Commission Rule 6.7.