By Wolens H.B. No. 808
74R3080 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to financial disclosure requirements and standards of
1-3 conduct applying to county and district officers, candidates, and
1-4 employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading of Chapter 159, Local Government
1-7 Code, is amended to read as follows:
1-8 CHAPTER 159. FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT
1-9 FOR COUNTY OR DISTRICT OFFICERS AND <COUNTY> EMPLOYEES
1-10 SECTION 2. The heading of Subchapter A, Chapter 159, Local
1-11 Government Code, is amended to read as follows:
1-12 SUBCHAPTER A. FINANCIAL DISCLOSURE BY <CERTAIN>
1-13 COUNTY OR DISTRICT OFFICERS
1-14 SECTION 3. Section 159.002(2), Local Government Code, is
1-15 amended to read as follows:
1-16 (2) "County or district officer" means:
1-17 (A) a judge of a statutory county court, justice
1-18 of the peace, or a master, magistrate, or referee appointed by one
1-19 of those judges;
1-20 (B) a county judge, county commissioner,
1-21 sheriff, county attorney, district attorney, <or> criminal district
1-22 attorney, county tax assessor-collector, county clerk, district
1-23 clerk, county treasurer, county auditor, or county purchasing
1-24 agent;
2-1 (C) a constable; or
2-2 (D) any other elected or appointed county or
2-3 precinct officer.
2-4 SECTION 4. The heading of Subchapter B, Chapter 159, Local
2-5 Government Code, is amended to read as follows:
2-6 SUBCHAPTER B. FINANCIAL DISCLOSURE BY <OTHER>
2-7 COUNTY <OFFICERS AND> EMPLOYEES
2-8 SECTION 5. Section 159.032, Local Government Code, is
2-9 amended to read as follows:
2-10 Sec. 159.032. COUNTY EMPLOYEE <DEFINITIONS>. In this
2-11 subchapter, "county <:>
2-12 <(1) "County officer" means a sheriff, county tax
2-13 assessor-collector, county clerk, district clerk, county treasurer,
2-14 county auditor, or county purchasing agent. The term does not
2-15 include a county or district officer as defined by Section 159.002.>
2-16 <(2) "Precinct officer" means a constable.>
2-17 <(3) "County judicial officer" means a judge of a
2-18 statutory county court, justice of the peace, or a master,
2-19 magistrate, or referee appointed by one of those judges.>
2-20 <(4) "County> employee" does not include a county or
2-21 district officer as defined by Section 159.002 <person covered by
2-22 Subdivision (1), (2), or (3)>.
2-23 SECTION 6. Section 159.033(a), Local Government Code, is
2-24 amended to read as follows:
2-25 (a) The commissioners court of the county may adopt by order
2-26 a financial disclosure reporting system for <county officers,
2-27 precinct officers, county judicial officers, candidates for those
3-1 offices, and> county employees.
3-2 SECTION 7. Section 159.036(a), Local Government Code, is
3-3 amended to read as follows:
3-4 (a) An <officer, candidate, or> employee required to file a
3-5 report by an order adopted under this subchapter commits an offense
3-6 if the person knowingly fails to file the report as required by the
3-7 order.
3-8 SECTION 8. Chapter 159, Local Government Code, is amended by
3-9 adding Subchapter C to read as follows:
3-10 SUBCHAPTER C. STANDARDS OF CONDUCT FOR COUNTY OR DISTRICT
3-11 OFFICERS AND EMPLOYEES
3-12 Sec. 159.051. DEFINITIONS. In this subchapter:
3-13 (1) "County or district officer" has the meaning
3-14 assigned by Section 159.002.
3-15 (2) "County or district employee" means a person,
3-16 other than a county or district officer, who is employed by a
3-17 county or precinct or by a county or district officer.
3-18 Sec. 159.052. STANDARDS OF CONDUCT. A county or district
3-19 officer or a county or district employee should not:
3-20 (1) accept or solicit any gift, favor, or service that
3-21 might reasonably tend to influence the officer or employee in the
3-22 discharge of official duties or that the officer or employee knows
3-23 or should know is being offered to the officer or employee with the
3-24 intent to influence the officer's or employee's official conduct;
3-25 (2) accept other employment or engage in a business or
3-26 professional activity that the officer or employee might reasonably
3-27 expect would require or induce the officer or employee to disclose
4-1 confidential information acquired by reason of the official
4-2 position;
4-3 (3) accept other employment or compensation that could
4-4 reasonably be expected to impair the officer's or employee's
4-5 independence of judgment in the performance of the officer's or
4-6 employee's official duties;
4-7 (4) make personal investments that could reasonably be
4-8 expected to create a substantial conflict between the officer's or
4-9 employee's private interest and the public interest; or
4-10 (5) intentionally or knowingly solicit, accept, or
4-11 agree to accept any benefit for exercising the officer's or
4-12 employee's official powers or performing the officer's or
4-13 employee's official duties in favor of another.
4-14 SECTION 9. Section 159.001, Local Government Code, is
4-15 repealed.
4-16 SECTION 10. (a) This Act takes effect September 1, 1995.
4-17 (b) A person who becomes subject to Subchapter A, Chapter
4-18 159, Local Government Code, as a result of the change in law made
4-19 by this Act is not required to file the financial statement
4-20 required by Subchapter A, Chapter 159, Local Government Code, until
4-21 the first applicable financial statement filing deadline that falls
4-22 after September 1, 1995.
4-23 SECTION 11. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.