By Wolens H.B. No. 3207
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of political contributions and
1-3 expenditures and political advertising, the registration of
1-4 lobbyists, personal financial disclosure by certain holders of and
1-5 candidates for public office, restrictions on certain
1-6 representation before a state agency by a member of the
1-7 legislature, and the publication of summaries of opinions of the
1-8 Texas Ethics Commission; providing a civil penalty.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 251.004, Election Code, is amended to
1-11 read as follows:
1-12 Sec. 251.004. VENUE [FOR OFFENSES]. (a) Venue for a
1-13 criminal offense prescribed by this title is in the county of
1-14 residence of the defendant, unless the defendant is not a Texas
1-15 resident, in which case venue is in Travis County.
1-16 (b) Venue for the recovery of delinquent civil penalties
1-17 imposed by the commission under this title is in Travis County.
1-18 SECTION 2. Section 252.0032, Election Code, is amended to
1-19 read as follows:
1-20 Sec. 252.0032. CONTENTS OF APPOINTMENT BY CANDIDATE.
1-21 (a) In addition to the information required by Section 252.002, a
1-22 campaign treasurer appointment by a candidate must include:
1-23 (1) the candidate's telephone number; and
1-24 (2) a statement, signed by the candidate, that the
2-1 candidate is aware of the nepotism law, Chapter 573, Government
2-2 Code.
2-3 (b) A campaign treasurer appointment that is filed in a
2-4 manner other than by use of an officially prescribed form is not
2-5 invalid because it fails to comply with Subsection (a)(2) [(a)].
2-6 SECTION 3. Section 253.034, Election Code, is amended to
2-7 read as follows:
2-8 Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING REGULAR
2-9 LEGISLATIVE SESSION. (a) During the period beginning on the 30th
2-10 day before the date a regular legislative session convenes and
2-11 continuing through the day of final adjournment, a person may not
2-12 knowingly make a political contribution to:
2-13 (1) a statewide officeholder;
2-14 (2) a member of the legislature; or
2-15 (3) a specific-purpose committee for supporting,
2-16 opposing, or assisting a statewide officeholder or member of the
2-17 legislature.
2-18 (b) A statewide officeholder, a member of the legislature,
2-19 or a specific-purpose committee for supporting, opposing, or
2-20 assisting a statewide officeholder or member of the legislature may
2-21 not knowingly accept a political contribution, and shall refuse a
2-22 political contribution that is received, during the period
2-23 prescribed by Subsection (a). A political contribution that is
2-24 received and refused during that period shall be returned to the
2-25 contributor not later than the 30th day after the date of receipt.
2-26 A contribution made by mail is not considered received during that
2-27 period if it was placed with postage prepaid and properly addressed
3-1 in the United States mail before the beginning of the period. The
3-2 date indicated by the post office cancellation mark is considered
3-3 to be the date the contribution was placed in the mail unless
3-4 proven otherwise.
3-5 (c) This section does not apply to a political contribution
3-6 that was made and accepted with the intent that it be used:
3-7 (1) in an election held or ordered during the period
3-8 prescribed by Subsection (a) in which the person accepting the
3-9 contribution is a candidate if the contribution was made after the
3-10 person appointed a campaign treasurer with the appropriate
3-11 authority and before the person was sworn in for that office;
3-12 (2) to defray expenses incurred in connection with an
3-13 election contest; or
3-14 (3) by a person who holds a state office or a member
3-15 of the legislature if the person or member was defeated at the
3-16 general election held immediately before the session is convened or
3-17 by a specific-purpose political committee that supports or assists
3-18 only that person or member.
3-19 (d) This section does not apply to a political contribution
3-20 made to or accepted by a holder of an office to which Subchapter F
3-21 applies.
3-22 (e) A person who violates this section commits an offense.
3-23 An offense under this section is a Class A misdemeanor.
3-24 SECTION 4. Section 253.0341(e), Election Code, is amended to
3-25 read as follows:
3-26 (e) In this section, "legislative caucus" means an
3-27 organization that is composed exclusively of members of the
4-1 legislature, that elects or appoints officers and recognizes
4-2 identified legislators as members of the organization, and that
4-3 exists for research and other support of policy development and
4-4 interests that the membership hold in common. The term includes an
4-5 entity established by or for a legislative caucus to conduct
4-6 research, education, or any other caucus activity. An organization
4-7 whose only nonlegislator members are the lieutenant governor or the
4-8 governor remains a "legislative caucus" for purposes of this
4-9 section.
4-10 SECTION 5. Section 254.036(b), Election Code, is amended to
4-11 read as follows:
4-12 (b) Each report filed under this chapter must be accompanied
4-13 by an affidavit executed by the person required to file the report.
4-14 The affidavit must contain the statement: "I swear, or affirm,
4-15 under penalty of perjury, that the accompanying report is true and
4-16 correct and includes all information required to be reported by me
4-17 under Title 15, Election Code."
4-18 SECTION 6. Section 254.036, Election Code, is amended by
4-19 adding Subsections (e)-(g) to read as follows:
4-20 (e) A report filed under this chapter is considered to be
4-21 under oath by the person required to file the report regardless of
4-22 the absence of or defect in the affidavit of verification,
4-23 including a signature.
4-24 (f) A person required to file a report under this chapter is
4-25 subject to prosecution under Chapter 37, Penal Code, regardless of
4-26 the absence of or defect in the affidavit of verification.
4-27 (g) This section applies to a report that is filed
5-1 electronically or otherwise.
5-2 SECTION 7. Section 255.006, Election Code, is amended to
5-3 read as follows:
5-4 Sec. 255.006. MISLEADING USE OF OFFICE TITLE. (a) A person
5-5 commits an offense if the person knowingly enters into a contract
5-6 or other agreement to print, publish, or broadcast political
5-7 advertising with the intent to represent to an ordinary and prudent
5-8 person that a candidate holds a public office the candidate [he]
5-9 does not hold at the time the agreement is made.
5-10 (b) A person commits an offense if the person knowingly
5-11 represents in a campaign communication that a candidate holds a
5-12 public office the candidate [he] does not hold at the time the
5-13 representation is made.
5-14 (c) For purposes of this section, a person represents that a
5-15 candidate holds a public office the candidate does not hold if:
5-16 (1) the candidate does not hold the office that the
5-17 candidate seeks; and
5-18 (2) the political advertising or campaign
5-19 communication states the public office sought but does not use the
5-20 word "for" to clarify that the candidate does not hold that office.
5-21 (d) A person other than an officeholder commits an offense
5-22 if the person knowingly uses a representation of the state seal in
5-23 political advertising.
5-24 (e) [(d)] An offense under this section is a Class A
5-25 misdemeanor.
5-26 SECTION 8. Section 255.007, Election Code, is amended to
5-27 read as follows:
6-1 Sec. 255.007. NOTICE REQUIREMENT ON POLITICAL ADVERTISING
6-2 SIGNS. (a) The following notice must be written on each political
6-3 advertising sign:
6-4 "NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND
6-5 393, TRANSPORTATION CODE) [(ARTICLE 2372cc, VERNON'S TEXAS CIVIL
6-6 STATUTES, AND ARTICLE 6674v-7, REVISED STATUTES)], TO PLACE THIS
6-7 SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY."
6-8 (b) A person commits an offense if the person:
6-9 (1) knowingly enters into a contract to print or make
6-10 a political advertising sign that does not contain the notice
6-11 required by Subsection (a); or
6-12 (2) instructs another person to place a political
6-13 advertising sign that does not contain the notice required by
6-14 Subsection (a).
6-15 (c) An offense under this section is a Class C misdemeanor.
6-16 (d) It is an exception to the application of Subsection (b)
6-17 that the political advertising sign was printed or made before the
6-18 effective date of the amendment to this section made by H.B. No.
6-19 3207, Acts of the 75th Legislature, Regular Session, 1997, and
6-20 complied with Subsection (a) as it existed immediately before that
6-21 date.
6-22 (e) In this section, "political advertising sign" means a
6-23 written form of political advertising designed to be seen from a
6-24 road but does not include a bumper sticker.
6-25 SECTION 9. Section 305.005(f), Government Code, is amended
6-26 to read as follows:
6-27 (f) The registration must be written and verified and must
7-1 contain:
7-2 (1) the registrant's full name and address;
7-3 (2) the registrant's normal business, business phone
7-4 number, and business address;
7-5 (3) the full name and address of each person:
7-6 (A) who reimburses, retains, or employs the
7-7 registrant to communicate directly with a member of the legislative
7-8 or executive branch to influence legislation or administrative
7-9 action; and
7-10 (B) on whose behalf the registrant has
7-11 communicated directly with a member of the legislative or executive
7-12 branch to influence legislation or administrative action;
7-13 (4) the subject matter of the legislation or [and, if
7-14 applicable, the docket number or other administrative designation]
7-15 of the administrative action that is the subject of the
7-16 registrant's direct communication with a member of the legislative
7-17 or executive branch and, if applicable, the docket number or other
7-18 administrative designation of the administrative action;
7-19 (5) for each person employed or retained by the
7-20 registrant for the purpose of assisting in direct communication
7-21 with a member of the legislative or executive branch to influence
7-22 legislation or administrative action:
7-23 (A) the full name, business address, and
7-24 occupation of the person; and
7-25 (B) the subject matter of the legislation or
7-26 [and, if applicable, the docket number or other administrative
7-27 designation] of the administrative action to which the person's
8-1 activities reportable under this section were related and, if
8-2 applicable, the docket number or other administrative designation
8-3 of the administrative action; and
8-4 (6) the amount of compensation or reimbursement paid
8-5 by each person who reimburses, retains, or employs the registrant
8-6 for the purpose of communicating directly with a member of the
8-7 legislative or executive branch or on whose behalf the registrant
8-8 communicates directly with a member of the legislative or executive
8-9 branch.
8-10 SECTION 10. Section 572.027(b), Government Code, is amended
8-11 to read as follows:
8-12 (b) If the deadline under which a candidate files an
8-13 application for a place on the ballot, other than the regular
8-14 filing deadline for an independent candidate, or files a
8-15 declaration of write-in candidacy falls after the date of the
8-16 regular filing deadline for candidates in the general primary
8-17 election, the candidate shall file the financial statement not
8-18 later than the 30th day after that later deadline. However, if
8-19 that deadline falls after [not later than] the 35th day before
8-20 [after] the date of [on which] the election in which the candidate
8-21 is running, the candidate shall file the statement not later than
8-22 the fifth day before the date of that election.
8-23 SECTION 11. Section 572.030(c), Government Code, is amended
8-24 to read as follows:
8-25 (c) The copies must be mailed:
8-26 (1) before the 30th day before the deadline for filing
8-27 the financial statement under Section 572.026(a) or (c), except as
9-1 otherwise provided by this subsection;
9-2 (2) not later than the 15th day after the applicable
9-3 [filing] deadline for filing an application for a place on the
9-4 ballot or a declaration of write-in candidacy for candidates
9-5 required to file under Section 572.027(a), (b), or (c);
9-6 (3) not later than the seventh day after the date of
9-7 appointment for individuals required to file under Section
9-8 572.026(b), or if the legislature is in session, sooner if
9-9 possible; and
9-10 (4) not later then the fifth day after the date the
9-11 certificate of nomination is filed for candidates required to file
9-12 under Section 574.027(d).
9-13 SECTION 12. Section 572.052(a), Government Code, is amended
9-14 to read as follows:
9-15 (a) A member of the legislature may not, for compensation,
9-16 represent another person before a state agency in the executive
9-17 branch of state government unless:
9-18 (1) the representation:
9-19 (A) is made in a proceeding that is adversary in
9-20 nature or in another public hearing that is a matter of record; or
9-21 (B) [(2) the representation] involves the
9-22 filing of documents, contacts with the agency, or other relations,
9-23 that involve only ministerial acts on the part of the commission,
9-24 agency, board, department, or officer; and
9-25 (2) the member discloses to the agency that the member
9-26 is being compensated for the representation.
9-27 SECTION 13. Sections 2002.011 and 2002.012, Government Code,
10-1 are amended to read as follows:
10-2 Sec. 2002.011. TEXAS REGISTER. The secretary of state shall
10-3 compile, index, cross-index to statute, and publish a publication
10-4 to be known as the Texas Register. The register shall contain:
10-5 (1) notices of proposed rules issued and filed in the
10-6 office of the secretary of state as provided by Subchapter B of
10-7 Chapter 2001;
10-8 (2) the text of rules adopted and filed in the office
10-9 of the secretary of state;
10-10 (3) notices of open meetings issued and filed in the
10-11 office of the secretary of state as provided by law;
10-12 (4) executive orders issued by the governor;
10-13 (5) summaries of requests for opinions of the attorney
10-14 general and of the Texas [State] Ethics [Advisory] Commission;
10-15 (6) summaries of opinions of the attorney general and
10-16 of the Texas [State] Ethics [Advisory] Commission;
10-17 (7) guidelines prepared by the attorney general under
10-18 Section 2007.041;
10-19 (8) notices relating to the preparation of takings
10-20 impact assessments as provided by Section 2007.043; and
10-21 (9) other information of general interest to the
10-22 public of this state, including:
10-23 (A) federal legislation or regulations affecting
10-24 the state or a state agency; and
10-25 (B) state agency organizational and personnel
10-26 changes.
10-27 Sec. 2002.012. SUMMARIES OF OPINIONS AND REQUESTS FOR
11-1 OPINIONS. The attorney general or the Texas [State] Ethics
11-2 [Advisory] Commission, as appropriate, shall prepare and forward to
11-3 the secretary of state for publication in the Texas Register:
11-4 (1) summaries of requests for opinions under Section
11-5 2002.011(5); and
11-6 (2) summaries of opinions under Section 2002.011(6).
11-7 SECTION 14. Subchapter A, Chapter 159, Local Government
11-8 Code, is amended to read as follows:
11-9 SUBCHAPTER A. FINANCIAL DISCLOSURE BY CERTAIN COUNTY
11-10 OR DISTRICT OFFICERS
11-11 Sec. 159.001. APPLICABILITY OF [COUNTY COVERED BY]
11-12 SUBCHAPTER. This subchapter applies only to a county with a
11-13 population of 50,000 [500,000] or more.
11-14 Sec. 159.002. DEFINITIONS. In this subchapter:
11-15 (1) "Business entity" means a sole proprietorship,
11-16 partnership, firm, corporation, holding company, joint stock
11-17 company, receivership, trust, or any other entity recognized by law
11-18 through which business for profit is conducted.
11-19 (2) "County or district officer" means a county judge,
11-20 county commissioner, county attorney, district attorney, [or]
11-21 criminal district attorney, or judge of a statutory county court or
11-22 statutory probate court.
11-23 Sec. 159.003. [DETERMINATION OF SUBSTANTIAL INTEREST. A
11-24 person has a substantial interest in a business entity if the
11-25 person:]
11-26 [(1) has controlling interest in the business entity;]
11-27 [(2) has ownership in excess of 10 percent of the
12-1 voting interest in the business entity or in excess of $25,000 of
12-2 the fair market value of the business entity;]
12-3 [(3) has any participating interest, either direct or
12-4 indirect, by shares, stock, or otherwise, whether or not voting
12-5 rights are included, in the profits, proceeds, or capital gains of
12-6 the business entity in excess of 10 percent of them;]
12-7 [(4) holds the position of a member of the board of
12-8 directors or other governing board of the business entity;]
12-9 [(5) serves as an elected officer of the business
12-10 entity; or]
12-11 [(6) is an employee of the business entity.]
12-12 [Sec. 159.004.] FINANCIAL STATEMENT REQUIRED. (a) A county
12-13 or district officer or a candidate for a county or district office
12-14 shall file a financial statement as required by this subchapter.
12-15 (b) The statement must [be]:
12-16 (1) be filed with the county clerk [auditor] of the
12-17 county in which the officer or candidate resides; and
12-18 (2) comply with Sections 572.022 and 572.023,
12-19 Government Code [filed on the form provided by the county auditor;
12-20 and]
12-21 [(3) verified].
12-22 [Sec. 159.005. CONTENTS OF FINANCIAL STATEMENT. (a) The
12-23 financial statement must include an account of the financial
12-24 activity of the county or district officer or candidate for a
12-25 county or district office and an account of the financial activity
12-26 of the person's spouse and dependent children if the person had
12-27 actual control over that activity for the preceding calendar year.]
13-1 [(b) The account of financial activity consists of:]
13-2 [(1) a list of all sources of occupational income,
13-3 identified by employer, or if self-employed, by the nature of the
13-4 occupation, including identification of any person, business
13-5 entity, or other organization from which the person or a business
13-6 in which the person has a substantial interest received a fee as a
13-7 retainer for a claim on future services in case of need, as opposed
13-8 to a fee for services on a matter specified at the time of
13-9 contracting for or receiving the fee, whenever professional or
13-10 occupational services were not actually performed during the
13-11 reporting period equal to or in excess of the amount of the
13-12 retainer, and the category of the amount of the fee;]
13-13 [(2) identification by name and category of the number
13-14 of shares of stock of any business entity held or acquired and, if
13-15 sold, the category of the amount of net gain or loss realized from
13-16 the sale;]
13-17 [(3) a list of all bonds, notes, and other commercial
13-18 paper held or acquired and, if sold, the category of the amount of
13-19 net gain or loss realized from the sale;]
13-20 [(4) identification of each source and the category of
13-21 the amount of income in excess of $500 derived per source from
13-22 interest, dividends, royalties, and rents;]
13-23 [(5) identification of each person or financial
13-24 institution to whom a personal note or notes for a total financial
13-25 liability in excess of $1,000 existed at any time during the year,
13-26 and the category of the amount of the liability;]
13-27 [(6) identification by description of all beneficial
14-1 interests in real property and business entities held or acquired
14-2 and, if sold, the category of the amount of the net gain or loss
14-3 realized from the sale;]
14-4 [(7) identification of any person, business entity, or
14-5 other organization from which the person or the person's spouse or
14-6 dependent children received a gift of money or property in excess
14-7 of $250 in value or a series of gifts of money or property, the
14-8 total of which exceeds $250 in value received from the same source,
14-9 and a description of each gift, except gifts received from persons
14-10 related to the person at any time within the second degree by
14-11 consanguinity or affinity and campaign contributions that were
14-12 reported as required by law;]
14-13 [(8) identification of the source and the category of
14-14 the amount of all income received as beneficiary of a trust and
14-15 identification of each asset, if known to the beneficiary, from
14-16 which income was received by the beneficiary in excess of $500;]
14-17 [(9) identification by description and category of the
14-18 amount of all assets and liabilities of any corporation in which 50
14-19 percent or more of the outstanding stock was held, acquired, or
14-20 sold; and]
14-21 [(10) a list of all boards of directors of which the
14-22 person is a member and executive positions that the person holds in
14-23 corporations, firms, partnerships, and proprietorships, stating the
14-24 name of each corporation, firm, partnership, or proprietorship and
14-25 the position held.]
14-26 [Sec. 159.006. REPORTING CATEGORIES. (a) If an amount is
14-27 required to be reported by category, the person filing the
15-1 statement shall report whether the amount is less than $1,000, at
15-2 least $1,000 but less than $5,000, or $5,000 or more.]
15-3 [(b) The person filing the statement shall report an amount
15-4 of stock by category of number of shares instead of by category of
15-5 dollar value and shall report whether the amount is less than 100
15-6 shares, at least 100 but less than 500 shares, or 500 shares or
15-7 more.]
15-8 [(c) The person filing the statement shall report a
15-9 description of real property by the number of lots or number of
15-10 acres, as applicable, in each county and the name of the county.]
15-11 [Sec. 159.007. DETERMINATION OF DEPENDENT CHILD. A person's
15-12 natural child, adopted child, or stepchild is the person's
15-13 dependent child during a calendar year if the person provides over
15-14 50 percent of the child's support during the year.]
15-15 Sec. 159.004 [159.008]. FILING DATES; TIMELINESS OF FILING
15-16 [FOR OFFICERS]. (a) A county or district officer shall file the
15-17 financial statement required by this subchapter within the time
15-18 prescribed by Section 572.026, Government Code. A candidate for
15-19 office as a county or district officer shall file the financial
15-20 statement required by this subchapter within the time prescribed by
15-21 Section 572.027, Government Code.
15-22 (b) The timeliness of the filing is governed by Section
15-23 572.029, Government Code [Not later than the last Friday in April
15-24 of each year, a county or district officer shall file the financial
15-25 statement required by this subchapter].
15-26 [(b) A person who is appointed to a county or district
15-27 office or to fill a vacancy in a county or district office shall
16-1 file the first financial statement not later than the 30th day
16-2 after the date of appointment.]
16-3 (c) A county or district officer may request the county
16-4 auditor or county clerk, as applicable, to grant an extension of
16-5 time of not more than 60 days for filing the statement. The county
16-6 auditor or county clerk shall grant the request if it is received
16-7 before the filing deadline or if a timely filing or request for
16-8 extension is prevented because of physical or mental incapacity.
16-9 The county auditor or county clerk may not grant more than one
16-10 extension to a person in one year except for good cause shown.
16-11 [Sec. 159.009. FILING DATES FOR CANDIDATES. (a) Not later
16-12 than the 40th day after the date of the regular filing deadline for
16-13 an application for a place on the ballot in the general primary
16-14 election, a person who is a candidate for a county or district
16-15 office, whether partisan or independent, shall file the financial
16-16 statement required by this subchapter.]
16-17 [(b) If the deadline, other than the regular filing deadline
16-18 for an independent candidate, under which a candidate files an
16-19 application for a place on the ballot or a declaration of write-in
16-20 candidacy falls after the date of the regular filing deadline for
16-21 candidates in the general primary election, the candidate shall
16-22 file the financial statement not later than the 30th day after that
16-23 later deadline. However, if that deadline falls within 35 days of
16-24 the date of the election in which the candidate is running, the
16-25 candidate shall file the statement not later than the fifth day
16-26 before that election.]
16-27 [(c) A person nominated as a replacement candidate to fill a
17-1 vacancy in a party nomination for a county or district office shall
17-2 file the financial statement not later than the 15th day after the
17-3 date the certificate of the replacement nomination is filed.]
17-4 (d) The county auditor or county clerk may not grant an
17-5 extension to a candidate for office as a county or district officer
17-6 [for a person required to file under this section].
17-7 Sec. 159.005. PREPARATION OF FORMS. (a) The county auditor
17-8 or county clerk, as applicable, may:
17-9 (1) design a form to be used for filing the financial
17-10 statement required by this subchapter; or
17-11 (2) require that a form designed by the Texas Ethics
17-12 Commission under Chapter 572, Government Code, be used for filing
17-13 the financial statement.
17-14 (b) The county auditor or county clerk shall mail two copies
17-15 of the form to each person required to file under this subchapter
17-16 within the time prescribed by Section 572.030(c), Government Code.
17-17 Sec. 159.006 [159.010]. DUPLICATE STATEMENTS. If a person
17-18 has filed a financial statement under one provision of this
17-19 subchapter covering the preceding calendar year, the person is not
17-20 required to file a financial statement required under another
17-21 provision of this subchapter to cover that same year if, before the
17-22 deadline for filing the statement under the other provision, the
17-23 person notifies the county auditor or county clerk, as applicable,
17-24 in writing that the person has already filed a financial statement
17-25 under this subchapter to cover that year.
17-26 Sec. 159.007 [159.011. TIMELINESS OF FILING. (a) The
17-27 deadline for filing a financial statement required by this
18-1 subchapter is 5 p.m. of the last day designated in the applicable
18-2 provision for filing the statement.]
18-3 [(b) If the last day for filing the financial statement is a
18-4 Saturday, Sunday, or legal state or national holiday, the statement
18-5 is timely if filed on the next regular business day.]
18-6 [(c) A financial statement is timely filed if it is properly
18-7 addressed and placed in the United States Post Office or in the
18-8 hands of a common or contract carrier not later than the last day
18-9 for filing the financial statement. The post office cancellation
18-10 mark or the receipt mark of a common or contract carrier is prima
18-11 facie evidence of the date the statement was deposited with the
18-12 post office or carrier. The person filing the statement may show by
18-13 competent evidence that the actual date of posting was different
18-14 from that shown by the marks.]
18-15 [Sec. 159.012. DUTIES OF COUNTY AUDITOR. (a) The county
18-16 auditor shall prepare forms to be used for filing the financial
18-17 statement under this subchapter that are substantially similar to
18-18 the financial statement forms prepared by the secretary of state
18-19 under Chapter 572, Government Code.]
18-20 [(b) Except as otherwise provided by this section, the
18-21 county auditor shall mail two copies of the financial statement
18-22 form to each person in the county required to file under this
18-23 subchapter.]
18-24 [(c) The forms must be mailed not later than:]
18-25 [(1) the 30th day before the deadline for filing the
18-26 financial statement under Section 159.008(a);]
18-27 [(2) the seventh day after the date of appointment for
19-1 persons required to file under Section 159.008(b);]
19-2 [(3) the 15th day after the deadline for filing an
19-3 application for a place on the ballot or a declaration of write-in
19-4 candidacy for candidates required to file under Sections 159.009(a)
19-5 and (b); and]
19-6 [(4) the fifth day after the date the certificate of
19-7 the replacement nomination is filed for candidates required to file
19-8 under Section 159.009(c).]
19-9 [(d) The county auditor shall conduct a continuing survey to
19-10 determine whether all persons required to file financial statements
19-11 under this subchapter have actually filed statements in compliance
19-12 with this subchapter.]
19-13 [(e) If the county auditor determines that a person has
19-14 failed to file the statement in compliance with this subchapter,
19-15 the auditor shall send a written statement of the auditor's
19-16 determination to the county attorney or to the district or criminal
19-17 district attorney.]
19-18 [Sec. 159.013]. PUBLIC ACCESS TO STATEMENTS. (a) Financial
19-19 statements filed under this subchapter are public records. The
19-20 county auditor or county clerk, as applicable, shall maintain the
19-21 statements in separate alphabetical files and in a manner that is
19-22 accessible to the public during regular office hours.
19-23 (b) During the one-year period following the date of filing
19-24 of a financial statement, each time a person[, other than the
19-25 county auditor or an employee of the county auditor who is acting
19-26 on official business,] requests to see the financial statement, the
19-27 county auditor or county clerk shall place in the file a statement
20-1 of the person's name and address, whom the person represents, and
20-2 the date of the request. The county auditor or county clerk shall
20-3 retain that statement in the file for one year after the date the
20-4 requested financial statement is filed.
20-5 (c) Subsection (b) does not apply to a request to see a
20-6 financial statement by:
20-7 (1) the county auditor or an employee of the county
20-8 auditor who is acting on official business; or
20-9 (2) the county clerk or an employee of the county
20-10 clerk who is acting on official business, in a county that does not
20-11 have a county auditor.
20-12 (d) The county auditor or county clerk may, and on
20-13 notification from a former officer or candidate shall, destroy any
20-14 financial statements filed by the officer or candidate two years
20-15 after the date the person ceases to be an officer or candidate, as
20-16 applicable.
20-17 Sec. 159.008 [159.014]. CRIMINAL PENALTY. (a) A county or
20-18 district officer or candidate commits an offense if the officer or
20-19 candidate knowingly fails to file a financial statement as required
20-20 by this subchapter.
20-21 (b) An offense under this section is a Class B misdemeanor.
20-22 (c) It is a defense to prosecution under this section that
20-23 the officer or candidate did not receive copies of the financial
20-24 statement form required to be mailed to the officer or candidate by
20-25 this subchapter.
20-26 Sec. 159.009 [159.015]. VENUE. An offense under this
20-27 subchapter, including perjury, may be prosecuted in any county in
21-1 which it may be prosecuted under the Code of Criminal Procedure.
21-2 Sec. 159.010 [159.016]. CIVIL PENALTY. (a) A person who
21-3 determines that a person required to file a financial statement
21-4 under this subchapter has failed to do so may notify in writing:
21-5 (1) the county attorney or criminal district attorney;
21-6 (2) the district attorney, if the person required to
21-7 file the statement is the county attorney; or
21-8 (3) the local administrative district judge, if the
21-9 person required to file the statement is the criminal district
21-10 attorney.
21-11 (b) On receipt of a written notice under Subsection (a), the
21-12 county attorney, district attorney, criminal district attorney, or
21-13 local administrative district judge [The county auditor] shall
21-14 determine from any available evidence whether the person to whom
21-15 the notice relates has failed to file a statement [required to be
21-16 filed under this subchapter is late]. On making that determination,
21-17 the county attorney, district attorney, criminal district attorney,
21-18 or district judge [auditor] shall immediately mail by certified
21-19 mail a notice of the determination to the person responsible for
21-20 filing the statement [and to the county attorney or to the district
21-21 or criminal district attorney].
21-22 (c) [(b)] If [a statement is determined to be late,] the
21-23 person responsible for filing the statement fails to file the
21-24 statement before the 30th day after the person receives the notice
21-25 under Subsection (b), the person is civilly liable to the county
21-26 for an amount not to exceed $1,000 [$100]. If the person
21-27 responsible for filing the statement is the criminal district
22-1 attorney, the commissioners court may appoint an attorney to
22-2 collect the penalty [The county attorney or the district or
22-3 criminal district attorney may not initiate suit for the penalty
22-4 until the 10th day after the date the notice is mailed under this
22-5 section. If the penalty is paid before the 10th day after the
22-6 mailing, the county auditor shall notify the county attorney or the
22-7 district or criminal district attorney, and the civil suit under
22-8 this section may not be initiated].
22-9 (d) [(c)] A penalty paid under this section shall be
22-10 deposited to the credit of the general fund of the county.
22-11 (e) [(d)] This section is cumulative of any other available
22-12 sanctions for late filings of statements.
22-13 SECTION 15. Section 159.033, Local Government Code, is
22-14 amended to read as follows:
22-15 Sec. 159.033. FINANCIAL DISCLOSURE REPORTING SYSTEM. (a)
22-16 The commissioners court of a county with a population of less than
22-17 125,000 may adopt by order a financial disclosure reporting system
22-18 for the county auditor.
22-19 (b) The commissioners court of a [the] county with a
22-20 population of 125,000 or more may adopt by order a financial
22-21 disclosure reporting system for county officers, precinct
22-22 officers, county judicial officers, candidates for those offices,
22-23 and county employees.
22-24 (c) [(b)] The commissioners court shall prescribe the items
22-25 required to be reported and the times the report is due.
22-26 (d) [(c)] If reporting is required under Subsection (b), the
22-27 commissioners court may restrict the reporting requirement to a
23-1 limited part of county employees if all employees with similar jobs
23-2 are required to report.
23-3 SECTION 16. Section 159.031, Local Government Code, is
23-4 repealed.
23-5 SECTION 17. Subchapter C, Chapter 159, Local Government
23-6 Code, is repealed.
23-7 SECTION 18. (a) The amendments made by this Act to
23-8 Subchapter A, Chapter 159, Local Government Code, apply only to a
23-9 financial disclosure statement under that subchapter that is due on
23-10 or after September 1, 1997. A financial statement under Subchapter
23-11 A, Chapter 159, Local Government Code, that is due before September
23-12 1, 1997, is governed by the law in effect at the time the financial
23-13 statement was due, and the former law is continued in effect for
23-14 that purpose.
23-15 (b) The repeal by this Act of Section 159.056, Local
23-16 Government Code, does not apply to an offense committed under that
23-17 section before the effective date of the repeal. An offense
23-18 committed before that date is covered by that section as it existed
23-19 on the date the offense was committed, and the former law is
23-20 continued in effect for this purpose.
23-21 SECTION 19. Section 254.036, Election Code, as amended by
23-22 this Act, applies only to a report under Chapter 254, Election
23-23 Code, that is required to be filed on or after September 1, 1997. A
23-24 report under Chapter 254, Election Code, that is required to be
23-25 filed before September 1, 1997, is governed by the law in effect on
23-26 the date the report is required to be filed, and that law is
23-27 continued in effect for that purpose.
24-1 SECTION 20. (a) The change in law made by this Act applies
24-2 only to an offense committed on or after the effective date of this
24-3 Act. For the purposes of this section, an offense is committed
24-4 before the effective date of this Act if any element of the offense
24-5 occurs before the effective date.
24-6 (b) An offense committed before the effective date of this
24-7 Act is covered by the law in effect when the offense was committed,
24-8 and the former law is continued in effect for that purpose.
24-9 SECTION 21. This Act takes effect September 1, 1997.
24-10 SECTION 22. The importance of this legislation and the
24-11 crowded condition of the calendars in both houses create an
24-12 emergency and an imperative public necessity that the
24-13 constitutional rule requiring bills to be read on three several
24-14 days in each house be suspended, and this rule is hereby suspended.