SRC-HRD S.B. 155 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 155
By: Nixon
State Affairs
01-22-97
As Filed


DIGEST 

Currently, Texas law does not prohibit a person who is delinquent in
paying taxes from being elected to public office.  S.B. 155 would prohibit
such a person from being a candidate for or holding elective office. 

PURPOSE

As proposed, S.B. 155 prohibits the election of a person who is delinquent
in the payment of taxes. 

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 Chapter 572, Government Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  REQUIREMENT FOR ELECTIVE OFFICERS 
TO BE CURRENT ON TAXES

Sec.  572.101.  DEFINITIONS.  Defines "elective office" and "tax." 

Sec. 572.102.  INELIGIBILITY FOR CANDIDACY OR OFFICE.  Prohibits a person
from being a candidate for or hold an elective office if the person owes a
tax that has not been paid for more than one year after payment is due.
Provides that Subsection (a) does not apply if a good faith dispute exists
between the person and the entity that collects the tax on whether the tax
is owed or the amount of the tax.   

Sec. 572.103.  DETERMINATION BY COMMISSION.  Sets forth the duties of the
Texas Ethics Commission (commission) if the commission finds that a person
has violated Section 572.102.   

Sec. 572.104.  FAILURE TO PAY DELINQUENT TAXES.  Requires the commission
to notify certain authorities if a person fails to pay taxes in the time
prescribed by Section 572.103.  Requires the commission to notify certain
authorities if the person is both a candidate for elected office and holds
an elected office.  Requires the authority responsible for preparing the
ballot to omit the name of the person from the ballot upon receipt of
notification under Subsection (a)(1).  Prohibits the counting of a vote
for the person if by law it is too late to omit the person's name from the
ballot.  Requires the authority authorized to make an appointment or order
a special election to fill a vacancy in the elected office, to declare a
vacancy in the office, upon receipt of notification under Subsection
(a)(2). Provides that a person whose name is removed from the ballot under
this section is not eligible to be named as a replacement nominee on the
ballot for the election for that office. Provides that a person who is
removed from office under this section is not eligible to fill the vacancy
for the remainder of the unexpired term for that office.   

Sec. 572.105.  APPEAL TO COURT.  Provides that if a final decision of the
commission under Section 572.103 is appealed under Section 571.133 and the
court upholds the decision  of the commission, the time prescribed for
making payment of taxes under Section 572.103 is measured from the day the
decision of the court becomes final. 

SECTION 2.  Amends the chapter heading to Chapter 572, Election Code, as
follows: 

CHAPTER 572.  New heading:  PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
CONDUCT, CONFLICT OF INTEREST, AND REQUIREMENT
FOR ELECTIVE OFFICER TO BE CURRENT ON TAXES

SECTION 3. Amends Section 141.031, Election Code, to make conforming
changes. 

SECTION 4. Effective date:  December 1, 1997 pending voter approval.

SECTION 5.  Emergency clause.