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State v. Montano

In its first point on appeal, the state argues that the evidence is legally insufficient to support the district court's conclusion that the Texas Ethics Commision (TEC) had failed to comply with its statutory notice requirements with respect to three of the required reports. The statutory penalties applicable to appellee's late filing of the 30-day report, the personal financial statement, and the semiannual report were not contingent on the TEC's provision of notice under election code �254.042(a) or government code �572.033(a). Therefore, even if the TEC failed to comply with those statutory notice requirements, the district court erred in declining to enforce the statutory penalties with respect to the 30-day report, the personal financial statement and the semiannual report. Austin Court of Appeals, No. 03-08-00669-CV, 05-17-2010

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OPINION

The Texas Ethics Commission (the “TEC”) assessed civil penalties against appellee Alfredo Montano, Jr. for his failure to timely file certain financial disclosure and campaign finance reports required from candidates for political office.*fn1 Montano did not pay the assessed penalties. On January 5, 2007, the State filed suit against Montano to recover the penalties. See Tex. Gov’t Code Ann. § 571.171(a) (West 2004) (TEC “may initiate civil enforcement actions”); Tex. Elec. Code Ann. § 251.004(b) (West 2010) (venue in Travis County). The State alleged that Montano was liable for $21,000 in penalties as a result of his failure to timely file four required reports. Following a bench trial, on October 1, 2008, the district court entered a take-nothing judgment against the State. The State asserts four points on appeal. We affirm in part, reverse and render in part, and reverse and remand in part.

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