By Krusee                                        H.B. No. 884

      75R292 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to personal financial disclosure statements filed by

 1-3     certain county and district officers and candidates.

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

 1-5           SECTION 1.  Subchapter A, Chapter 159, Local Government Code,

 1-6     is amended to read as follows:

 1-7            SUBCHAPTER A.  FINANCIAL DISCLOSURE BY CERTAIN COUNTY

 1-8                            OR DISTRICT OFFICERS

 1-9           Sec. 159.001.  [COUNTY COVERED BY SUBCHAPTER.  This

1-10     subchapter applies only to a county with a population of 500,000 or

1-11     more.]

1-12           [Sec. 159.002.]  DEFINITIONS.  In this subchapter:

1-13                 (1)  "Business entity" means a sole proprietorship,

1-14     partnership, firm, corporation, holding company, joint stock

1-15     company, receivership, trust, or any other entity recognized by law

1-16     through which business for profit is conducted.

1-17                 (2)  "County or district officer" means a county judge,

1-18     county commissioner, county attorney, district attorney, [or]

1-19     criminal district attorney, or judge of a statutory county court or

1-20     statutory probate court.

1-21           Sec. 159.002 [159.003.  DETERMINATION OF SUBSTANTIAL

1-22     INTEREST.  A person has a substantial interest in a business entity

1-23     if the person:]

1-24                 [(1)  has controlling interest in the business entity;]

 2-1                 [(2)  has ownership in excess of 10 percent of the

 2-2     voting interest in the business entity or in excess of $25,000 of

 2-3     the fair market value of the business entity;]

 2-4                 [(3)  has any participating interest, either direct or

 2-5     indirect, by shares, stock, or otherwise, whether or not voting

 2-6     rights are included, in the profits, proceeds, or capital gains of

 2-7     the business entity in excess of 10 percent of them;]

 2-8                 [(4)  holds the position of a member of the board of

 2-9     directors or other governing board of the business entity;]

2-10                 [(5)  serves as an elected officer of the business

2-11     entity; or]

2-12                 [(6)  is an employee of the business entity.]

2-13           [Sec. 159.004].  FINANCIAL STATEMENT REQUIRED.  (a)  A county

2-14     or district officer or a candidate for a county or district office

2-15     shall file a financial statement as required by this subchapter.

2-16           (b)  The statement must [be]:

2-17                 (1)  be filed with:

2-18                       (A)  the county auditor of the county in which

2-19     the officer or candidate resides, if the county has a county

2-20     auditor; or

2-21                       (B)  the county clerk of the county in which the

2-22     officer or candidate resides, if the county does not have a county

2-23     auditor; and

2-24                 (2)  comply with Sections 572.022 and 572.023,

2-25     Government Code [filed on the form provided by the county auditor;

2-26     and]

2-27                 [(3)  verified].

 3-1           [Sec. 159.005.  CONTENTS OF FINANCIAL STATEMENT.  (a)  The

 3-2     financial statement must include an account of the financial

 3-3     activity of the county or district officer or candidate for a

 3-4     county or district office and an account of the financial activity

 3-5     of the person's spouse and dependent children if the person had

 3-6     actual control over that activity for the preceding calendar year.]

 3-7           [(b)  The account of financial activity consists of:]

 3-8                 [(1)  a list of all sources of occupational income,

 3-9     identified by employer, or if self-employed, by the nature of the

3-10     occupation, including identification of any person, business

3-11     entity, or other organization from which the person or a business

3-12     in which the person has a substantial interest received a fee as a

3-13     retainer for a claim on future services in case of need, as opposed

3-14     to a fee for services on a matter specified at the time of

3-15     contracting for or receiving the fee, whenever professional or

3-16     occupational services were not actually performed during the

3-17     reporting period equal to or in excess of the amount of the

3-18     retainer, and the category of the amount of the fee;]

3-19                 [(2)  identification by name and category of the number

3-20     of shares of stock of any business entity held or acquired and, if

3-21     sold, the category of the amount of net gain or loss realized from

3-22     the sale;]

3-23                 [(3)  a list of all bonds, notes, and other commercial

3-24     paper held or acquired and, if sold, the category of the amount of

3-25     net gain or loss realized from the sale;]

3-26                 [(4)  identification of each source and the category of

3-27     the amount of income in excess of $500 derived per source from

 4-1     interest, dividends, royalties, and rents;]

 4-2                 [(5)  identification of each person or financial

 4-3     institution to whom a personal note or notes for a total financial

 4-4     liability in excess of $1,000 existed at any time during the year,

 4-5     and the category of the amount of the liability;]

 4-6                 [(6)  identification by description of all beneficial

 4-7     interests in real property and business entities held or acquired

 4-8     and, if sold, the category of the amount of the net gain or loss

 4-9     realized from the sale;]

4-10                 [(7)  identification of any person, business entity, or

4-11     other organization from which the person or the person's spouse or

4-12     dependent children received a gift of money or property in excess

4-13     of $250 in value or a series of gifts of money or property, the

4-14     total of which exceeds $250 in value received from the same source,

4-15     and a description of each gift, except gifts received from persons

4-16     related to the person at any time within the second degree by

4-17     consanguinity or affinity and campaign contributions that were

4-18     reported as required by law;]

4-19                 [(8)  identification of the source and the category of

4-20     the amount of all income received as beneficiary of a trust and

4-21     identification of each asset, if known to the beneficiary, from

4-22     which income was received by the beneficiary in excess of $500;]

4-23                 [(9)  identification by description and category of the

4-24     amount of all assets and liabilities of any corporation in which 50

4-25     percent or more of the outstanding stock was held, acquired, or

4-26     sold; and]

4-27                 [(10)  a list of all boards of directors of which the

 5-1     person is a member and executive positions that the person holds in

 5-2     corporations, firms, partnerships, and proprietorships, stating the

 5-3     name of each corporation, firm, partnership, or proprietorship and

 5-4     the position held.]

 5-5           [Sec. 159.006.  REPORTING CATEGORIES.  (a)  If an amount is

 5-6     required to be reported by category, the person filing the

 5-7     statement shall report whether the amount is less than $1,000, at

 5-8     least $1,000 but less than $5,000, or $5,000 or more.]

 5-9           [(b)  The person filing the statement shall report an amount

5-10     of stock by category of number of shares instead of by category of

5-11     dollar value and shall report whether the amount is less than 100

5-12     shares, at least 100 but less than 500 shares, or 500 shares or

5-13     more.]

5-14           [(c)  The person filing the statement shall report a

5-15     description of real property by the number of lots or number of

5-16     acres, as applicable, in each county and the name of the county.]

5-17           [Sec. 159.007.  DETERMINATION OF DEPENDENT CHILD. A person's

5-18     natural child, adopted child, or stepchild is the person's

5-19     dependent child during a calendar year if the person provides over

5-20     50 percent of the child's support during the year.]

5-21           Sec. 159.003 [159.008].  FILING DATES; TIMELINESS OF FILING

5-22     [FOR OFFICERS].  (a)  A county or district officer shall file the

5-23     financial statement required by this subchapter within the time

5-24     prescribed by Section 572.026, Government Code.  A candidate for

5-25     office as a county or district officer shall file the financial

5-26     statement required by this subchapter within the time prescribed by

5-27     Section 572.027, Government Code.

 6-1           (b)  The timeliness of the filing is governed by Section

 6-2     572.029, Government Code  [Not later than the last Friday in April

 6-3     of each year, a county or district officer shall file the financial

 6-4     statement required by this subchapter].

 6-5           [(b)  A person who is appointed to a county or district

 6-6     office or to fill a vacancy in a county or district office shall

 6-7     file the first financial statement not later than the 30th day

 6-8     after the date of appointment.]

 6-9           (c)  A county or district officer may request the county

6-10     auditor or county clerk, as applicable, to grant an extension of

6-11     time of not more than 60 days for filing the statement.  The county

6-12     auditor or county clerk shall grant the request if it is received

6-13     before the filing deadline or if a timely filing or request for

6-14     extension is prevented because of physical or mental incapacity.

6-15     The county auditor or county clerk may not grant more than one

6-16     extension to a person in one year except for good cause shown.

6-17           [Sec. 159.009.  FILING DATES FOR CANDIDATES.  (a)  Not later

6-18     than the 40th day after the date of the regular filing deadline for

6-19     an application for a place on the ballot in the general primary

6-20     election, a person who is a candidate for a county or district

6-21     office, whether partisan or independent, shall file the financial

6-22     statement required by this subchapter.]

6-23           [(b)  If the deadline, other than the regular filing deadline

6-24     for an independent candidate, under which a candidate files an

6-25     application for a place on the ballot or a declaration of write-in

6-26     candidacy falls after the date of the regular filing deadline for

6-27     candidates in the general primary election, the candidate shall

 7-1     file the financial statement not later than the 30th day after that

 7-2     later deadline.  However, if that deadline falls within 35 days of

 7-3     the date of the election in which the candidate is running, the

 7-4     candidate shall file the statement not later than the fifth day

 7-5     before that election.]

 7-6           [(c)  A person nominated as a replacement candidate to fill a

 7-7     vacancy in a party nomination for a county or district office shall

 7-8     file the financial statement not later than the 15th day after the

 7-9     date the certificate of the replacement nomination is filed.]

7-10           (d)  The county auditor or county clerk may not grant an

7-11     extension to a candidate for office as a county or district officer

7-12     [for a person required to file under this section].

7-13           Sec. 159.004.  PREPARATION OF FORMS.  (a)  The county auditor

7-14     or county clerk, as applicable, may:

7-15                 (1)  design a form to be used for filing the financial

7-16     statement required by this subchapter; or

7-17                 (2)  require that a form designed by the Texas Ethics

7-18     Commission under Chapter 572, Government Code, be used for filing

7-19     the financial statement.

7-20           (b)  The county auditor or county clerk shall mail two copies

7-21     of the form to each person required to file under this subchapter

7-22     within the time prescribed by Section 572.030(c), Government Code.

7-23           Sec. 159.005 [159.010].  DUPLICATE STATEMENTS.  If a person

7-24     has filed a financial statement under one provision of this

7-25     subchapter covering the preceding calendar year, the person is not

7-26     required to file a financial statement required under another

7-27     provision of this subchapter to cover that same year if, before the

 8-1     deadline for filing the statement under the other provision, the

 8-2     person notifies the county auditor or county clerk, as applicable,

 8-3     in writing that the person has already filed a financial statement

 8-4     under this subchapter to cover that year.

 8-5           Sec. 159.006 [159.011.  TIMELINESS OF FILING.  (a)  The

 8-6     deadline for filing a financial statement required by this

 8-7     subchapter is 5 p.m. of the last day designated in the applicable

 8-8     provision for filing the statement.]

 8-9           [(b)  If the last day for filing the financial statement is a

8-10     Saturday, Sunday, or legal state or national holiday, the statement

8-11     is timely if filed on the next regular business day.]

8-12           [(c)  A financial statement is timely filed if it is properly

8-13     addressed and placed in the United States Post Office or in the

8-14     hands of a common or contract carrier not later than the last day

8-15     for filing the financial statement.  The post office cancellation

8-16     mark or the receipt mark of a common or contract carrier is prima

8-17     facie evidence of the date the statement was deposited with the

8-18     post office or carrier.  The person filing the statement may show

8-19     by competent evidence that the actual date of posting was different

8-20     from that shown by the marks.]

8-21           [Sec. 159.012.  DUTIES OF COUNTY AUDITOR.  (a)  The county

8-22     auditor shall prepare forms to be used for filing the financial

8-23     statement under this subchapter that are substantially similar to

8-24     the financial statement forms prepared by the secretary of state

8-25     under Chapter 572, Government Code.]

8-26           [(b)  Except as otherwise provided by this section, the

8-27     county auditor shall mail two copies of the financial statement

 9-1     form to each person in the county required to file under this

 9-2     subchapter.]

 9-3           [(c)  The forms must be mailed not later than:]

 9-4                 [(1)  the 30th day before the deadline for filing the

 9-5     financial statement under Section 159.008(a);]

 9-6                 [(2)  the seventh day after the date of appointment for

 9-7     persons required to file under Section 159.008(b);]

 9-8                 [(3)  the 15th day after the deadline for filing an

 9-9     application for a place on the ballot or a declaration of write-in

9-10     candidacy for candidates required to file under Sections 159.009(a)

9-11     and (b); and]

9-12                 [(4)  the fifth day after the date the certificate of

9-13     the replacement nomination is filed for candidates required to file

9-14     under Section 159.009(c).]

9-15           [(d)  The county auditor shall conduct a continuing survey to

9-16     determine whether all persons required to file financial statements

9-17     under this subchapter have actually filed statements in compliance

9-18     with this subchapter.]

9-19           [(e)  If the county auditor determines that a person has

9-20     failed to file the statement in compliance with this subchapter,

9-21     the auditor shall send a written statement of the auditor's

9-22     determination to the county attorney or to the district or criminal

9-23     district attorney.]

9-24           [Sec. 159.013].  PUBLIC ACCESS TO STATEMENTS.  (a)  Financial

9-25     statements filed under this subchapter are public records.  The

9-26     county auditor or county clerk, as applicable, shall maintain the

9-27     statements in separate alphabetical files and in a manner that is

 10-1    accessible to the public during regular office hours.

 10-2          (b)  During the one-year period following the date of filing

 10-3    of a financial statement, each time a person[, other than the

 10-4    county auditor or an employee of the county auditor who is acting

 10-5    on official business,] requests to see the financial statement, the

 10-6    county auditor or county clerk shall place in the file a statement

 10-7    of the person's name and address, whom the person represents, and

 10-8    the date of the request.  The county auditor or county clerk shall

 10-9    retain that statement in the file for one year after the date the

10-10    requested financial statement is filed.

10-11          (c)  Subsection (b) does not apply to a request to see a

10-12    financial statement by:

10-13                (1)  the county auditor or an employee of the county

10-14    auditor who is acting on official business; or

10-15                (2)  the county clerk or an employee of the county

10-16    clerk who is acting on official business, in a county that does not

10-17    have a county auditor.

10-18          (d)  The county auditor or county clerk may, and on

10-19    notification from a former officer or candidate shall, destroy any

10-20    financial statements filed by the officer or candidate two years

10-21    after the date the person ceases to be an officer or candidate, as

10-22    applicable.

10-23          Sec. 159.007 [159.014].  CRIMINAL PENALTY.  (a)  A county or

10-24    district officer or candidate commits an offense if the officer or

10-25    candidate knowingly fails to file a financial statement as required

10-26    by this subchapter.

10-27          (b)  An offense under this section is a Class B misdemeanor.

 11-1          (c)  It is a defense to prosecution under this section that

 11-2    the officer or candidate did not receive copies of the financial

 11-3    statement form required to be mailed to the officer or candidate by

 11-4    this subchapter.

 11-5          Sec. 159.008 [159.015].  VENUE. An offense under this

 11-6    subchapter, including perjury, may be prosecuted in any county in

 11-7    which it may be prosecuted under the Code of Criminal Procedure.

 11-8          Sec. 159.009 [159.016].  CIVIL PENALTY.  (a)  A person who

 11-9    determines that a person required to file a financial statement

11-10    under this subchapter has failed to do so may notify in writing:

11-11                (1)  the county attorney or criminal district attorney;

11-12                (2)  the district attorney, if the person required to

11-13    file the statement is the county attorney; or

11-14                (3)  the local administrative district judge, if the

11-15    person required to file the statement is the criminal district

11-16    attorney.

11-17          (b)  On receipt of a written notice under Subsection (a), the

11-18    county attorney, district attorney, criminal district attorney, or

11-19    local administrative district judge  [The county auditor] shall

11-20    determine from any available evidence whether the person to whom

11-21    the notice relates has failed to file a statement [required to be

11-22    filed under this subchapter is late].  On making that

11-23    determination, the county attorney, district attorney, criminal

11-24    district attorney, or district judge [auditor] shall immediately

11-25    mail by certified mail a notice of the determination to the person

11-26    responsible for filing the statement [and to the county attorney or

11-27    to the district or criminal district attorney].

 12-1          (c) [(b)]  If [a statement is determined to be late,] the

 12-2    person responsible for filing the statement fails to file the

 12-3    statement before the 30th day after the person receives the notice

 12-4    under Subsection (b), the person is civilly liable to the county

 12-5    for an amount not to exceed $1,000 [$100].  If the person

 12-6    responsible for filing the statement is the criminal district

 12-7    attorney, the commissioners court may appoint an attorney to

 12-8    collect the penalty  [The county attorney or the district or

 12-9    criminal district attorney may not initiate suit for the penalty

12-10    until the 10th day after the date the notice is mailed under this

12-11    section.  If the penalty is paid before the 10th day after the

12-12    mailing, the county auditor shall notify the county attorney or the

12-13    district or criminal district attorney, and the civil suit under

12-14    this section may not be initiated].

12-15          (d) [(c)]  A penalty paid under this section shall be

12-16    deposited to the credit of the general fund of the county.

12-17          (e) [(d)]  This section is cumulative of any other available

12-18    sanctions for late filings of statements.

12-19          SECTION 2.  Section 572.027(b), Government Code, is amended

12-20    to read as follows:

12-21          (b)  If the deadline under which a candidate files an

12-22    application for a place on the ballot, other than the regular

12-23    filing deadline for an independent candidate, or files a

12-24    declaration of write-in candidacy falls after the date of the

12-25    regular filing deadline for candidates in the general primary

12-26    election, the candidate shall file the financial statement not

12-27    later than the 30th day after that later deadline.  However, if

 13-1    that deadline falls not later than the 35th day after the date of

 13-2    [on which] the election in which the candidate is running, the

 13-3    candidate shall file the statement not later than the fifth day

 13-4    before the date of that election.

 13-5          SECTION 3.  Section 572.030(c), Government Code, is amended

 13-6    to read as follows:

 13-7          (c)  The copies must be mailed:

 13-8                (1)  before the 30th day before the deadline for filing

 13-9    the financial statement under Section 572.026(a) or (c), except as

13-10    otherwise provided by this subsection;

13-11                (2)  not later than the 15th day after the applicable

13-12    [filing] deadline for filing an application for a place on the

13-13    ballot or a declaration of write-in candidacy for candidates

13-14    required to file under Section 572.027(a), (b), or (c);

13-15                (3)  not later than the seventh day after the date of

13-16    appointment for individuals required to file under Section

13-17    572.026(b), or if the legislature is in session, sooner if

13-18    possible; and

13-19                (4)  not later than the fifth day after the date the

13-20    certificate of nomination is filed for candidates required to file

13-21    under Section 574.027(d).

13-22          SECTION 4.  Subchapter C, Chapter 159, Local Government Code,

13-23    is repealed.

13-24          SECTION 5.  (a)  The amendments made by this Act to

13-25    Subchapter A, Chapter 159, Local Government Code, apply only to a

13-26    financial disclosure statement under that subchapter that is due on

13-27    or after the effective date of this Act.  A financial statement

 14-1    under Subchapter A, Chapter 159, Local Government Code, that is due

 14-2    before the effective date of this Act is governed by the law in

 14-3    effect at the time the financial statement was due, and the former

 14-4    law is continued in effect for that purpose.

 14-5          (b)  The repeal by this Act of Section 159.056, Local

 14-6    Government Code, does not apply to an offense committed under that

 14-7    section before the effective date of the repeal.  An offense

 14-8    committed before that date is covered by that section as it existed

 14-9    on the date the offense was committed, and the former law is

14-10    continued in effect for this purpose.

14-11          SECTION 6.  This Act takes effect September 1, 1997.

14-12          SECTION 7.  The importance of this legislation and the

14-13    crowded condition of the calendars in both houses create an

14-14    emergency and an imperative public necessity that the

14-15    constitutional rule requiring bills to be read on three several

14-16    days in each house be suspended, and this rule is hereby suspended.