A qualifying resident may sue to force a late report filing, and a prevailing plaintiff gets reasonable attorney’s fees and court costs.
Sec. 254.043. ACTION TO REQUIRE COMPLIANCE. (a) This section applies only to: (1) a person required to file reports under this chapter with the commission; or (2) a person required to file reports under this chapter with an authority other than the commission in connection with an office of a political subdivision in a county with a population of at least 500,000. (b) A resident of the territory served by an office may bring an action for injunctive relief against a candidate for or holder of that office or a specific-purpose committee for supporting or opposing such a candidate or assisting such an officeholder to require the person to file a report under this chapter that the person has failed to timely file. (c) An action under this section may be brought against a person required to file reports under this chapter only if: (1) the report is not filed before the 60th day after the date on which the report was required to be filed; (2) not earlier than the 60th day after the date on which the report was required to be filed, the person bringing the action delivers written notice by certified mail to the person required to file the report, stating: (A) the person's intention to bring an action under this section if the report is not filed; and (B) that an action to require the filing of the report may be filed if the report is not filed before the 30th day after the date on which the person required to file the report receives the notice; and (3) the report is not filed before the 30th day after the date on which the person required to file the report receives the notice required by Subdivision (2). (d) The court shall award a plaintiff who prevails in an action under this section reasonable attorney's fees and court costs. Added by Acts 2003, 78th Leg., ch. 249, Sec. 2.16, eff. Sept. 1, 2003.