SRC-SLL C.S.S.B. 73 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 73
By: Haywood
State Affairs
4-3-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law requires a county judicial officer or a candidate for
that office to file a financial statement with the county clerk.  This
provides access to information such as financial holdings, personal
residence, and the names of dependent children.  Recently, some county
court-at-law and probate judges have been the targets of retaliation by
individuals who oppose the judges' decisions or judicial authority.  The
concern has been raised that the information available on the financial
statement has been used by the individuals to harass or annoy the judges.
This bill authorizes the financial statement to be filed with the county
clerk or the Texas Ethics Commission, and requires the names of dependent
children to be removed from the financial statement upon written request. 

PURPOSE

As proposed, C.S.S.B. 73  provides for the filing of and public access to
financial statements of county judicial officers and candidates for that
office. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 159.051 and 159.052, Local Government Code, as
follows: 

Sec.  159.051.  New heading: DEFINITIONS.  Defines "commission."  Makes
conforming and nonsubstantive changes. 

Sec.  159.052.  FILING REQUIREMENT.  Requires a county judicial officer
(officer) or a candidate for that office (candidate) to file a financial
statement with the county clerk or the Texas Ethics Commission
(commission).  Requires an officer or candidate who files a financial
statement with the commission to file a document with the county clerk
stating that the officer or candidate is filing the statement with the
commission.  Requires the document to be filed by the deadline for filing
the financial statement. 

SECTION 2.  Amends Section 159.054(a), Local Government Code, to make
conforming changes. 

SECTION 3.  Amends Section 159.055, Local Government Code, as follows:

Sec.  159.055.  PUBLIC ACCESS TO STATEMENTS.  Provides that a document
filed under Section 159.052(b) is a public record, except as provided by
Subsection (b).  Requires the county clerk or the commission to maintain
financial statements or documents in a manner accessible to the public
during regular business hours.  Requires the county clerk or the
commission, upon written request, to remove the names of the officer's or
candidate's dependent children from the financial statement before it is
made available to the public. Makes conforming changes.  

SECTION 4. Amends Section 571.030(b), Government Code, to authorize money
in the state ethics fund to be appropriated only to the commission to
administer and enforce Chapter 159C, Local Government Code, as provided by
Section 571.061(a)(2). 
 
SECTION 5.  Amends Section 571.061(a), Government Code, to require the
commission to administer and enforce Chapter 159C, Local Government Code,
in connection with a county judicial officer, as defined by Section
159.051, Local Government Code, who elects to file a financial statement
with the commission. 

SECTION 6. Amends Section 571.091(a), Government Code, to require the
commission to prepare a written opinion answering the request of a person
subject to Chapter 159C, Local Government Code, as provided by Section
571.061(a)(2), for an opinion about the application of that law to the
person in regard to a specified existing or hypothetical situation. 

SECTION 7.  Effective date:  September 1, 1997.
            Makes application of this Act prospective.

SECTION 8.  Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

SECTION 4.

Adds Section 571.030(b), Government Code, regarding money in the state
ethics fund. 

SECTION 5.

Adds Section 571.061(a), Government Code, to require the  Texas Ethics
Commission to administer and enforce Chapter 159C, Local Government Code. 

SECTION 6.

Adds Section 571.091(a), Government Code, regarding a written opinion by
the Texas Ethics Commission on the applicability of Chapter 159C, Local
Government Code. 

SECTIONS 7 and 8.

Redesignates SECTIONS 7 and 8 from SECTIONS 4 and 5.