IMF H.B. 884 75(R)BILL ANALYSIS STATE AFFAIRS H.B. 884 By: Krusee 4-3-97 Committee Report (Unamended) BACKGROUND Currently, state and county officials must complete personal financial disclosure statements which detail the financial holdings of themselves and their immediate family. County officials serving in counties with a population of less than 500,000 do not have to file a personal financial disclosure statement. PURPOSE As proposed, this bill would expand the personal financial disclosure statement filing requirements to all county officials, including a judge of a statutory county court or statutory probate court, regardless of county population. The bill would also require candidates for these positions to complete personal financial disclosure statements. H.B. 884 also changes the personal financial disclosure statement guidelines for county officials to meet state requirements. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 159, Local Government Code as follows: Section 159.001 is repealed to remove the exclusion for county or district officers in counties with population less than 500,000 to submit personal financial disclosure statements. Recodifies Section 159.002 as Section 159.001, and amends definition of "county or district officer" to include a judge of a statutory court or statutory probate court. Section 159.003 defining "substantial interest" is repealed. Section 159.004 is recodified as Section 159.002 and is amended to mandate that a personal financial statement be filed with the county auditor or the county clerk if the county does not employ an auditor. Requires personal financial disclosures statements to comply with Section 572.022 and 572.023 of the Government Code. Section 159.005 defining the contents of financial statements is repealed. Section 159.006 which sets reporting categories is repealed. Section 159.007 DETERMINATION OF A DEPENDANT CHILD is repealed. Section 159.008 is recodified as Section 159.003 and is amended to require that county or district officers must file financial statements within the time required by Section 572.026 of the Government Code. This Section also requires candidates for county or district officer to file financial statements within the time required by Section 572.027 of the Government Code. Prohibits the auditor or clerk from granting an extension to a candidate for a county or district officer. Section 159.009 detailing the filing dates for financial statements is repealed, except for subsection (d) which is amended and incorporated as 159.003(d) as recodified. Section 159.004 is added allowing the county clerk or auditor to design a personal financial statement disclosure form, or require that the form designed by the Texas Ethics Commission be used. Requires the clerk or auditor to mail two copies of the form to persons required to file. Section 159.010 is recodified as Section 159.005. Section 159.011 concerning the timeliness of filing personal financial statements is repealed. Section 159.012 concerning the duties of the county auditor is repealed. Section 159.013 is recodified as Section 159.006 and is amended to add the county clerk where applicable and to allow the county clerk or county auditor to view the personal financial statement without filing a request to see the documents. Section 159.014 is recodified as Section 159.007, and is amended to include candidates to the criminal penalty provisions. Section 159.015 is recodified as Section 159.008 Section 159.016 is recodified as Section 159.009 and is amended to require that claims of a failure to submit a personal financial statement be done in writing to either: the county attorney or criminal district attorney; the district attorney; or the local administrative district judge. Requires that the official who receives the notice to make a decision as to whether the candidate or officer has failed to file and to mail a determination to the person required to file the statement by certified mail. Allows for a civil penalty of up to $1000 for failure to file financial statement as required. SECTION 2. Amends Section 572.027 (b), Government Code changing [on which] to of, in relation to the election date. SECTION 3. Amends Section 572.030 (c), Government Code to change the filing deadline for candidate's personal financial disclosure statement to 15 days after filing for a place on the ballot or declaring a write-in candidacy. SECTION 4. Subchapter C, Chapter 159, Local Government Code, which sets the requirements for county officer personal financial disclosure statements, is repealed. SECTION 5. Makes this Act prospective. SECTION 6. Effective date: September 1, 1997 SECTION 7. Emergency clause.