By Dutton                                        H.B. No. 643

      75R1044 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to compliance with financial reporting requirements as a

 1-3     qualification for public office.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 141, Election Code, is

 1-6     amended by adding Section 141.005 to read as follows:

 1-7           Sec. 141.005.  FAILURE TO FILE FINANCIAL REPORTS:

 1-8     INELIGIBILITY AS CANDIDATE OR OFFICEHOLDER.  (a)  A person is

 1-9     ineligible to be a candidate for or to hold public office if the

1-10     person fails to file, before the 30th day after the date the report

1-11     is due, a report required under:

1-12                 (1)  Subchapter C, Chapter 254;

1-13                 (2)  Subchapter B, Chapter 572, Government Code; or

1-14                 (3)  Chapter 159, Local Government Code.

1-15           (b)  The authority with whom a report described by Subsection

1-16     (a) is required to be filed shall deliver written notice of each

1-17     person who fails to file a required report before the 30th day

1-18     after the date the report is due to the appropriate authority under

1-19     Section 145.003 or, if a certificate of election has been issued,

1-20     to the appropriate authority for acting on a resignation or

1-21     declination relating to the office.  The notice must be delivered

1-22     not later than the 35th day after the date the report is due.  On

1-23     receipt of the notice, the authority shall declare the person

1-24     ineligible.

 2-1           SECTION 2.  Section 141.005, Election Code, applies only to a

 2-2     report under Subchapter C, Chapter 254, Election Code, Subchapter

 2-3     B, Chapter 572, Government Code, or Chapter 159, Local Government

 2-4     Code, that is due after the effective date of this Act.

 2-5           SECTION 3.  This Act takes effect January 1, 1998, but only

 2-6     if the constitutional amendment proposed by ____.J.R. No. ____,

 2-7     75th Legislature, Regular Session, 1997, is approved by the voters.

 2-8     If the proposed constitutional amendment is not approved by the

 2-9     voters, this Act has no effect.

2-10           SECTION 4.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.