By Gallego H.B. No. 1659
75R6737 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to personal financial disclosure and standards of conduct
1-3 for district attorneys and criminal district attorneys.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 572.002(4), Government Code, is amended
1-6 to read as follows:
1-7 (4) "Elected officer" means:
1-8 (A) a member of the legislature;
1-9 (B) an executive or judicial officer elected in
1-10 a statewide election;
1-11 (C) a judge of a court of appeals or of a
1-12 district court;
1-13 (D) a member of the State Board of Education;
1-14 [or]
1-15 (E) a district attorney or criminal district
1-16 attorney; or
1-17 (F) an individual appointed to fill a vacancy in
1-18 an office or appointed to a newly created office who, if elected to
1-19 the office instead of appointed, would be an elected officer under
1-20 this subdivision.
1-21 SECTION 2. The heading to Chapter 159, Local Government
1-22 Code, is amended to read as follows:
2-1 CHAPTER 159. FINANCIAL DISCLOSURE BY COUNTY
2-2 [OR DISTRICT] OFFICERS AND [COUNTY] EMPLOYEES
2-3 SECTION 3. The heading to Subchapter A, Chapter 159, Local
2-4 Government Code, is amended to read as follows:
2-5 SUBCHAPTER A. FINANCIAL DISCLOSURE BY CERTAIN COUNTY
2-6 [OR DISTRICT] OFFICERS
2-7 SECTION 4. Section 159.002(2), Local Government Code, is
2-8 amended to read as follows:
2-9 (2) "County [or district] officer" means a county
2-10 judge, county commissioner, or county attorney[, district attorney,
2-11 or criminal district attorney].
2-12 SECTION 5. Section 159.004(a), Local Government Code, is
2-13 amended to read as follows:
2-14 (a) A county [or district] officer or a candidate for [a]
2-15 county [or district] office shall file a financial statement as
2-16 required by this subchapter.
2-17 SECTION 6. Section 159.005(a), Local Government Code, is
2-18 amended to read as follows:
2-19 (a) The financial statement must include an account of the
2-20 financial activity of the county [or district] officer or candidate
2-21 for [a] county [or district] office and an account of the
2-22 financial activity of the person's spouse and dependent children if
2-23 the person had actual control over that activity for the preceding
2-24 calendar year.
2-25 SECTION 7. Section 159.008, Local Government Code, is
2-26 amended to read as follows:
2-27 Sec. 159.008. FILING DATES FOR OFFICERS. (a) Not later
3-1 than the last Friday in April of each year, a county [or district]
3-2 officer shall file the financial statement required by this
3-3 subchapter.
3-4 (b) A person who is appointed to a county [or district]
3-5 office or to fill a vacancy in a county [or district] office shall
3-6 file the first financial statement not later than the 30th day
3-7 after the date of appointment.
3-8 (c) A county [or district] officer may request the county
3-9 auditor to grant an extension of time of not more than 60 days for
3-10 filing the statement. The county auditor shall grant the request
3-11 if it is received before the filing deadline or if a timely filing
3-12 or request for extension is prevented because of physical or mental
3-13 incapacity. The county auditor may not grant more than one
3-14 extension to a person in one year except for good cause shown.
3-15 SECTION 8. Sections 159.009(a) and (c), Local Government
3-16 Code, are amended to read as follows:
3-17 (a) Not later than the 40th day after the date of the
3-18 regular filing deadline for an application for a place on the
3-19 ballot in the general primary election, a person who is a candidate
3-20 for [a] county [or district] office, whether partisan or
3-21 independent, shall file the financial statement required by this
3-22 subchapter.
3-23 (c) A person nominated as a replacement candidate to fill a
3-24 vacancy in a party nomination for [a] county [or district] office
3-25 shall file the financial statement not later than the 15th day
3-26 after the date the certificate of the replacement nomination is
3-27 filed.
4-1 SECTION 9. Sections 159.014(a) and (c), Local Government
4-2 Code, are amended to read as follows:
4-3 (a) A county [or district] officer or a candidate for county
4-4 office commits an offense if the person [officer] knowingly fails
4-5 to file a financial statement as required by this subchapter.
4-6 (c) It is a defense to prosecution under this section that
4-7 the person [officer] did not receive copies of the financial
4-8 statement form required to be mailed to the person [officer] by
4-9 this subchapter.
4-10 SECTION 10. This Act takes effect September 1, 1997.
4-11 SECTION 11. (a) A district attorney or criminal district
4-12 attorney shall file a personal financial statement for 1997 with
4-13 the Texas Ethics Commission under Chapter 572, Government Code, as
4-14 if subject to that chapter for the entire year. A district
4-15 attorney or criminal district attorney who was subject to
4-16 Subchapter A, Chapter 159, Local Government Code, as that
4-17 subchapter existed before amendment by this Act, is not required to
4-18 file a personal financial statement for 1997 under that subchapter.
4-19 (b) The change in law made to Section 159.014, Local
4-20 Government Code, by this Act applies only to an offense committed
4-21 on or after September 1, 1997. For the purposes of this section,
4-22 an offense is committed before September 1, 1997, if any element of
4-23 the offense occurs before the effective date.
4-24 (c) An offense committed before September 1, 1997, is
4-25 covered by the law in effect when the offense was committed, and
4-26 the former law is continued in effect for this purpose.
4-27 SECTION 12. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.