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 253.001, Election Code, is amended to
2-7 read as follows:
2-8 Sec. 253.001. CONTRIBUTION OR [AND] EXPENDITURE IN ANOTHER'S
2-9 NAME PROHIBITED. (a) A person may not knowingly make or authorize
2-10 a political contribution [or political expenditure] in the name of
2-11 or on behalf of another unless the person discloses in writing to
2-12 the recipient the [other's] name and address of the person actually
2-13 making the contribution in order for the recipient to make the
2-14 proper disclosure [to be made].
2-15 (b) A person may not knowingly make or authorize a political
2-16 expenditure in the name of or on behalf of another unless the
2-17 person discloses in writing to the person on whose behalf the
2-18 expenditure is made the name and address of the person actually
2-19 making the expenditure in order for the person on whose behalf the
2-20 expenditure is made to make the proper disclosure.
2-21 (c) A person who violates this section commits an offense.
2-22 An offense under this section is a Class A misdemeanor.
2-23 SECTION 4. Section 253.034, Election Code, is amended to
2-24 read as follows:
2-25 Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING REGULAR
2-26 LEGISLATIVE SESSION. (a) During the period beginning on the 30th
2-27 day before the date a regular legislative session convenes and
3-1 continuing through the day of final adjournment, a person may not
3-2 knowingly make a political contribution to:
3-3 (1) a statewide officeholder;
3-4 (2) a member of the legislature; or
3-5 (3) a specific-purpose committee for supporting,
3-6 opposing, or assisting a statewide officeholder or member of the
3-7 legislature.
3-8 (b) A statewide officeholder, a member of the legislature,
3-9 or a specific-purpose committee for supporting, opposing, or
3-10 assisting a statewide officeholder or member of the legislature may
3-11 not knowingly accept a political contribution, and shall refuse a
3-12 political contribution that is received, during the period
3-13 prescribed by Subsection (a). A political contribution that is
3-14 received and refused during that period shall be returned to the
3-15 contributor not later than the 30th day after the date of receipt.
3-16 A contribution made by mail is not considered received during that
3-17 period if it was placed with postage prepaid and properly addressed
3-18 in the United States mail before the beginning of the period. The
3-19 date indicated by the post office cancellation mark is considered
3-20 to be the date the contribution was placed in the mail unless
3-21 proven otherwise.
3-22 (c) This section does not apply to a political contribution
3-23 that was made and accepted with the intent that it be used:
3-24 (1) in an election held or ordered during the period
3-25 prescribed by Subsection (a) in which the person accepting the
3-26 contribution is a candidate if the contribution was made after the
3-27 person appointed a campaign treasurer with the appropriate
4-1 authority and before the person was sworn in for that office;
4-2 (2) to defray expenses incurred in connection with an
4-3 election contest; or
4-4 (3) by a person who holds a state office or a member
4-5 of the legislature if the person or member was defeated at the
4-6 general election held immediately before the session is convened or
4-7 by a specific-purpose political committee that supports or assists
4-8 only that person or member.
4-9 (d) This section does not apply to a political contribution
4-10 made to or accepted by a holder of an office to which Subchapter F
4-11 applies.
4-12 (e) A person who violates this section commits an offense.
4-13 An offense under this section is a Class A misdemeanor.
4-14 SECTION 5. Section 253.0341(e), Election Code, is amended to
4-15 read as follows:
4-16 (e) In this section, "legislative caucus" means an
4-17 organization that is composed exclusively of members of the
4-18 legislature, that elects or appoints officers and recognizes
4-19 identified legislators as members of the organization, and that
4-20 exists for research and other support of policy development and
4-21 interests that the membership hold in common. The term includes an
4-22 entity established by or for a legislative caucus to conduct
4-23 research, education, or any other caucus activity. An organization
4-24 whose only nonlegislator members are the lieutenant governor or the
4-25 governor remains a "legislative caucus" for purposes of this
4-26 section.
4-27 SECTION 6. Section 254.036(b), Election Code, is amended to
5-1 read as follows:
5-2 (b) Each report filed under this chapter must be accompanied
5-3 by an affidavit executed by the person required to file the report.
5-4 The affidavit must contain the statement: "I swear, or affirm,
5-5 under penalty of perjury, that the accompanying report is true and
5-6 correct and includes all information required to be reported by me
5-7 under Title 15, Election Code."
5-8 SECTION 7. Section 254.036, Election Code, is amended by
5-9 adding Subsections (e)-(g) to read as follows:
5-10 (e) A report filed under this chapter is considered to be
5-11 under oath by the person required to file the report regardless of
5-12 the absence of or defect in the affidavit of verification,
5-13 including a signature.
5-14 (f) A person required to file a report under this chapter is
5-15 subject to prosecution under Chapter 37, Penal Code, regardless of
5-16 the absence of or defect in the affidavit of verification.
5-17 (g) This section applies to a report that is filed
5-18 electronically or otherwise.
5-19 SECTION 8. Section 254.040, Election Code, is amended to
5-20 read as follows:
5-21 Sec. 254.040. PRESERVATION OF REPORTS; RECORD OF INSPECTION.
5-22 (a) Each report filed under this chapter shall be preserved by the
5-23 authority with whom it is filed for at least two years after the
5-24 date it is filed.
5-25 (b) Each time a person requests to inspect a report, the
5-26 commission shall place in the file a statement of the person's name
5-27 and address, whom the person represents, and the date of the
6-1 request. The commission shall retain that statement in the file
6-2 for one year after the date the requested report is filed. This
6-3 subsection does not apply to a request to inspect a report by:
6-4 (1) a member or employee of the commission acting on
6-5 official business; or
6-6 (2) an individual acting on the individual's own
6-7 behalf.
6-8 SECTION 9. Section 255.006, Election Code, is amended to
6-9 read as follows:
6-10 Sec. 255.006. MISLEADING USE OF OFFICE TITLE. (a) A person
6-11 commits an offense if the person knowingly enters into a contract
6-12 or other agreement to print, publish, or broadcast political
6-13 advertising with the intent to represent to an ordinary and prudent
6-14 person that a candidate holds a public office the candidate [he]
6-15 does not hold at the time the agreement is made.
6-16 (b) A person commits an offense if the person knowingly
6-17 represents in a campaign communication that a candidate holds a
6-18 public office the candidate [he] does not hold at the time the
6-19 representation is made.
6-20 (c) For purposes of this section, a person represents that a
6-21 candidate holds a public office the candidate does not hold if:
6-22 (1) the candidate does not hold the office that the
6-23 candidate seeks; and
6-24 (2) the political advertising or campaign
6-25 communication states the public office sought but does not use the
6-26 word "for" to clarify that the candidate does not hold that office.
6-27 (d) A person other than an officeholder commits an offense
7-1 if the person knowingly uses a representation of the state seal in
7-2 political advertising.
7-3 (e) [(d)] An offense under this section is a Class A
7-4 misdemeanor.
7-5 SECTION 10. Section 255.007, Election Code, is amended to
7-6 read as follows:
7-7 Sec. 255.007. NOTICE REQUIREMENT ON POLITICAL ADVERTISING
7-8 SIGNS. (a) The following notice must be written on each political
7-9 advertising sign:
7-10 "NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND
7-11 393, TRANSPORTATION CODE) [(ARTICLE 2372cc, VERNON'S TEXAS CIVIL
7-12 STATUTES, AND ARTICLE 6674v-7, REVISED STATUTES)], TO PLACE THIS
7-13 SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY."
7-14 (b) A person commits an offense if the person:
7-15 (1) knowingly enters into a contract to print or make
7-16 a political advertising sign that does not contain the notice
7-17 required by Subsection (a); or
7-18 (2) instructs another person to place a political
7-19 advertising sign that does not contain the notice required by
7-20 Subsection (a).
7-21 (c) An offense under this section is a Class C misdemeanor.
7-22 (d) It is an exception to the application of Subsection (b)
7-23 that the political advertising sign was printed or made before
7-24 September 1, 1997, and complied with Subsection (a) as it existed
7-25 immediately before that date.
7-26 (e) In this section, "political advertising sign" means a
7-27 written form of political advertising designed to be seen from a
8-1 road but does not include a bumper sticker.
8-2 SECTION 11. Section 305.005(f), Government Code, is amended
8-3 to read as follows:
8-4 (f) The registration must be written and verified and must
8-5 contain:
8-6 (1) the registrant's full name and address;
8-7 (2) the registrant's normal business, business phone
8-8 number, and business address;
8-9 (3) the full name and address of each person:
8-10 (A) who reimburses, retains, or employs the
8-11 registrant to communicate directly with a member of the legislative
8-12 or executive branch to influence legislation or administrative
8-13 action; and
8-14 (B) on whose behalf the registrant has
8-15 communicated directly with a member of the legislative or executive
8-16 branch to influence legislation or administrative action;
8-17 (4) the subject matter of the legislation or [and, if
8-18 applicable, the docket number or other administrative designation]
8-19 of the administrative action that is the subject of the
8-20 registrant's direct communication with a member of the legislative
8-21 or executive branch and, if applicable, the docket number or other
8-22 administrative designation of the administrative action;
8-23 (5) for each person employed or retained by the
8-24 registrant for the purpose of assisting in direct communication
8-25 with a member of the legislative or executive branch to influence
8-26 legislation or administrative action:
8-27 (A) the full name, business address, and
9-1 occupation of the person; and
9-2 (B) the subject matter of the legislation or
9-3 [and, if applicable, the docket number or other administrative
9-4 designation] of the administrative action to which the person's
9-5 activities reportable under this section were related and, if
9-6 applicable, the docket number or other administrative designation
9-7 of the administrative action; and
9-8 (6) the amount of compensation or reimbursement paid
9-9 by each person who reimburses, retains, or employs the registrant
9-10 for the purpose of communicating directly with a member of the
9-11 legislative or executive branch or on whose behalf the registrant
9-12 communicates directly with a member of the legislative or executive
9-13 branch.
9-14 SECTION 12. Section 572.002(4), Government Code, is amended
9-15 to read as follows:
9-16 (4) "Elected officer" means:
9-17 (A) a member of the legislature;
9-18 (B) an executive or judicial officer elected in
9-19 a statewide election;
9-20 (C) a judge of a court of appeals or of a
9-21 district court;
9-22 (D) a member of the State Board of Education;
9-23 [or]
9-24 (E) a district attorney or criminal district
9-25 attorney; or
9-26 (F) an individual appointed to fill a vacancy in
9-27 an office or appointed to a newly created office who, if elected to
10-1 the office instead of appointed, would be an elected officer under
10-2 this subdivision.
10-3 SECTION 13. Section 572.027(b), Government Code, is amended
10-4 to read as follows:
10-5 (b) If the deadline under which a candidate files an
10-6 application for a place on the ballot, other than the regular
10-7 filing deadline for an independent candidate, or files a
10-8 declaration of write-in candidacy falls after the date of the
10-9 regular filing deadline for candidates in the general primary
10-10 election, the candidate shall file the financial statement not
10-11 later than the 30th day after that later deadline. However, if
10-12 that deadline falls after [not later than] the 35th day before
10-13 [after] the date of [on which] the election in which the candidate
10-14 is running, the candidate shall file the statement not later than
10-15 the fifth day before the date of that election.
10-16 SECTION 14. Section 572.030(c), Government Code, is amended
10-17 to read as follows:
10-18 (c) The copies must be mailed:
10-19 (1) before the 30th day before the deadline for filing
10-20 the financial statement under Section 572.026(a) or (c), except as
10-21 otherwise provided by this subsection;
10-22 (2) not later than the 15th day after the applicable
10-23 [filing] deadline for filing an application for a place on the
10-24 ballot or a declaration of write-in candidacy for candidates
10-25 required to file under Section 572.027(a), (b), or (c);
10-26 (3) not later than the seventh day after the date of
10-27 appointment for individuals required to file under Section
11-1 572.026(b), or if the legislature is in session, sooner if
11-2 possible; and
11-3 (4) not later than the fifth day after the date the
11-4 certificate of nomination is filed for candidates required to file
11-5 under Section 574.027(d).
11-6 SECTION 15. Section 572.052(a), Government Code, is amended
11-7 to read as follows:
11-8 (a) A member of the legislature may not, for compensation,
11-9 represent another person before a state agency in the executive
11-10 branch of state government unless:
11-11 (1) the representation:
11-12 (A) is made in a proceeding that is adversary in
11-13 nature or in another public hearing that is a matter of record; or
11-14 (B) [(2) the representation] involves the
11-15 filing of documents, contacts with the agency, or other relations,
11-16 that involve only ministerial acts on the part of the commission,
11-17 agency, board, department, or officer; and
11-18 (2) the member discloses to the agency that the member
11-19 is being compensated for the representation.
11-20 SECTION 16. Sections 2002.011 and 2002.012, Government Code,
11-21 are amended to read as follows:
11-22 Sec. 2002.011. TEXAS REGISTER. The secretary of state shall
11-23 compile, index, cross-index to statute, and publish a publication
11-24 to be known as the Texas Register. The register shall contain:
11-25 (1) notices of proposed rules issued and filed in the
11-26 office of the secretary of state as provided by Subchapter B of
11-27 Chapter 2001;
12-1 (2) the text of rules adopted and filed in the office
12-2 of the secretary of state;
12-3 (3) notices of open meetings issued and filed in the
12-4 office of the secretary of state as provided by law;
12-5 (4) executive orders issued by the governor;
12-6 (5) summaries of requests for opinions of the attorney
12-7 general and of the Texas [State] Ethics [Advisory] Commission;
12-8 (6) summaries of opinions of the attorney general and
12-9 of the Texas [State] Ethics [Advisory] Commission;
12-10 (7) guidelines prepared by the attorney general under
12-11 Section 2007.041;
12-12 (8) notices relating to the preparation of takings
12-13 impact assessments as provided by Section 2007.043; and
12-14 (9) other information of general interest to the
12-15 public of this state, including:
12-16 (A) federal legislation or regulations affecting
12-17 the state or a state agency; and
12-18 (B) state agency organizational and personnel
12-19 changes.
12-20 Sec. 2002.012. SUMMARIES OF OPINIONS AND REQUESTS FOR
12-21 OPINIONS. The attorney general or the Texas [State] Ethics
12-22 [Advisory] Commission, as appropriate, shall prepare and forward to
12-23 the secretary of state for publication in the Texas Register:
12-24 (1) summaries of requests for opinions under Section
12-25 2002.011(5); and
12-26 (2) summaries of opinions under Section 2002.011(6).
12-27 SECTION 17. The heading to Chapter 159, Local Government
13-1 Code, is amended to read as follows:
13-2 CHAPTER 159. FINANCIAL DISCLOSURE BY COUNTY
13-3 [OR DISTRICT] OFFICERS AND [COUNTY] EMPLOYEES
13-4 SECTION 18. Subchapter A, Chapter 159, Local Government
13-5 Code, is amended to read as follows:
13-6 SUBCHAPTER A. FINANCIAL DISCLOSURE BY CERTAIN COUNTY
13-7 [OR DISTRICT] OFFICERS
13-8 Sec. 159.001. APPLICABILITY OF [COUNTY COVERED BY]
13-9 SUBCHAPTER. This subchapter applies only to a county with a
13-10 population of 100,000 [500,000] or more.
13-11 Sec. 159.002. DEFINITION [DEFINITIONS]. In this subchapter,
13-12 "county[:]
13-13 [(1) "Business entity" means a sole proprietorship,
13-14 partnership, firm, corporation, holding company, joint stock
13-15 company, receivership, trust, or any other entity recognized by law
13-16 through which business for profit is conducted.]
13-17 [(2) "County or district] officer" means a county
13-18 judge, county commissioner, or county attorney[, district attorney,
13-19 or criminal district attorney].
13-20 Sec. 159.003. [DETERMINATION OF SUBSTANTIAL INTEREST. A
13-21 person has a substantial interest in a business entity if the
13-22 person:]
13-23 [(1) has controlling interest in the business entity;]
13-24 [(2) has ownership in excess of 10 percent of the
13-25 voting interest in the business entity or in excess of $25,000 of
13-26 the fair market value of the business entity;]
13-27 [(3) has any participating interest, either direct or
14-1 indirect, by shares, stock, or otherwise, whether or not voting
14-2 rights are included, in the profits, proceeds, or capital gains of
14-3 the business entity in excess of 10 percent of them;]
14-4 [(4) holds the position of a member of the board of
14-5 directors or other governing board of the business entity;]
14-6 [(5) serves as an elected officer of the business
14-7 entity; or]
14-8 [(6) is an employee of the business entity.]
14-9 [Sec. 159.004.] FINANCIAL STATEMENT REQUIRED. (a) A county
14-10 [or district] officer or a candidate for a county [or district]
14-11 office shall file a financial statement as required by this
14-12 subchapter.
14-13 (b) The statement must [be]:
14-14 (1) be filed with the county clerk [auditor] of the
14-15 county in which the officer or candidate resides; and
14-16 (2) comply with Sections 572.022 and 572.023,
14-17 Government Code [filed on the form provided by the county auditor;
14-18 and]
14-19 [(3) verified].
14-20 [Sec. 159.005. CONTENTS OF FINANCIAL STATEMENT. (a) The
14-21 financial statement must include an account of the financial
14-22 activity of the county or district officer or candidate for a
14-23 county or district office and an account of the financial activity
14-24 of the person's spouse and dependent children if the person had
14-25 actual control over that activity for the preceding calendar year.]
14-26 [(b) The account of financial activity consists of:]
14-27 [(1) a list of all sources of occupational income,
15-1 identified by employer, or if self-employed, by the nature of the
15-2 occupation, including identification of any person, business
15-3 entity, or other organization from which the person or a business
15-4 in which the person has a substantial interest received a fee as a
15-5 retainer for a claim on future services in case of need, as opposed
15-6 to a fee for services on a matter specified at the time of
15-7 contracting for or receiving the fee, whenever professional or
15-8 occupational services were not actually performed during the
15-9 reporting period equal to or in excess of the amount of the
15-10 retainer, and the category of the amount of the fee;]
15-11 [(2) identification by name and category of the number
15-12 of shares of stock of any business entity held or acquired and, if
15-13 sold, the category of the amount of net gain or loss realized from
15-14 the sale;]
15-15 [(3) a list of all bonds, notes, and other commercial
15-16 paper held or acquired and, if sold, the category of the amount of
15-17 net gain or loss realized from the sale;]
15-18 [(4) identification of each source and the category of
15-19 the amount of income in excess of $500 derived per source from
15-20 interest, dividends, royalties, and rents;]
15-21 [(5) identification of each person or financial
15-22 institution to whom a personal note or notes for a total financial
15-23 liability in excess of $1,000 existed at any time during the year,
15-24 and the category of the amount of the liability;]
15-25 [(6) identification by description of all beneficial
15-26 interests in real property and business entities held or acquired
15-27 and, if sold, the category of the amount of the net gain or loss
16-1 realized from the sale;]
16-2 [(7) identification of any person, business entity, or
16-3 other organization from which the person or the person's spouse or
16-4 dependent children received a gift of money or property in excess
16-5 of $250 in value or a series of gifts of money or property, the
16-6 total of which exceeds $250 in value received from the same source,
16-7 and a description of each gift, except gifts received from persons
16-8 related to the person at any time within the second degree by
16-9 consanguinity or affinity and campaign contributions that were
16-10 reported as required by law;]
16-11 [(8) identification of the source and the category of
16-12 the amount of all income received as beneficiary of a trust and
16-13 identification of each asset, if known to the beneficiary, from
16-14 which income was received by the beneficiary in excess of $500;]
16-15 [(9) identification by description and category of the
16-16 amount of all assets and liabilities of any corporation in which 50
16-17 percent or more of the outstanding stock was held, acquired, or
16-18 sold; and]
16-19 [(10) a list of all boards of directors of which the
16-20 person is a member and executive positions that the person holds in
16-21 corporations, firms, partnerships, and proprietorships, stating the
16-22 name of each corporation, firm, partnership, or proprietorship and
16-23 the position held.]
16-24 [Sec. 159.006. REPORTING CATEGORIES. (a) If an amount is
16-25 required to be reported by category, the person filing the
16-26 statement shall report whether the amount is less than $1,000, at
16-27 least $1,000 but less than $5,000, or $5,000 or more.]
17-1 [(b) The person filing the statement shall report an amount
17-2 of stock by category of number of shares instead of by category of
17-3 dollar value and shall report whether the amount is less than 100
17-4 shares, at least 100 but less than 500 shares, or 500 shares or
17-5 more.]
17-6 [(c) The person filing the statement shall report a
17-7 description of real property by the number of lots or number of
17-8 acres, as applicable, in each county and the name of the county.]
17-9 [Sec. 159.007. DETERMINATION OF DEPENDENT CHILD. A person's
17-10 natural child, adopted child, or stepchild is the person's
17-11 dependent child during a calendar year if the person provides over
17-12 50 percent of the child's support during the year.]
17-13 Sec. 159.004 [159.008]. FILING DATES; TIMELINESS OF FILING
17-14 [FOR OFFICERS]. (a) A county officer shall file the financial
17-15 statement required by this subchapter within the time prescribed by
17-16 Section 572.026, Government Code. A candidate for office as a
17-17 county officer shall file the financial statement required by this
17-18 subchapter within the time prescribed by Section 572.027,
17-19 Government Code.
17-20 (b) The timeliness of the filing is governed by Section
17-21 572.029, Government Code [Not later than the last Friday in April
17-22 of each year, a county or district officer shall file the financial
17-23 statement required by this subchapter].
17-24 [(b) A person who is appointed to a county or district
17-25 office or to fill a vacancy in a county or district office shall
17-26 file the first financial statement not later than the 30th day
17-27 after the date of appointment.]
18-1 (c) A county [or district] officer may request the county
18-2 clerk [auditor] to grant an extension of time of not more than 60
18-3 days for filing the statement. The county clerk [auditor] shall
18-4 grant the request if it is received before the filing deadline or
18-5 if a timely filing or request for extension is prevented because of
18-6 physical or mental incapacity. The county clerk [auditor] may not
18-7 grant more than one extension to a person in one year except for
18-8 good cause shown.
18-9 [Sec. 159.009. FILING DATES FOR CANDIDATES. (a) Not later
18-10 than the 40th day after the date of the regular filing deadline for
18-11 an application for a place on the ballot in the general primary
18-12 election, a person who is a candidate for a county or district
18-13 office, whether partisan or independent, shall file the financial
18-14 statement required by this subchapter.]
18-15 [(b) If the deadline, other than the regular filing deadline
18-16 for an independent candidate, under which a candidate files an
18-17 application for a place on the ballot or a declaration of write-in
18-18 candidacy falls after the date of the regular filing deadline for
18-19 candidates in the general primary election, the candidate shall
18-20 file the financial statement not later than the 30th day after that
18-21 later deadline. However, if that deadline falls within 35 days of
18-22 the date of the election in which the candidate is running, the
18-23 candidate shall file the statement not later than the fifth day
18-24 before that election.]
18-25 [(c) A person nominated as a replacement candidate to fill a
18-26 vacancy in a party nomination for a county or district office shall
18-27 file the financial statement not later than the 15th day after the
19-1 date the certificate of the replacement nomination is filed.]
19-2 (d) The county clerk [auditor] may not grant an extension to
19-3 a candidate for office as a county officer [for a person required
19-4 to file under this section].
19-5 Sec. 159.005. PREPARATION OF FORMS. (a) The county clerk
19-6 may:
19-7 (1) design a form to be used for filing the financial
19-8 statement required by this subchapter; or
19-9 (2) require that a form designed by the Texas Ethics
19-10 Commission under Chapter 572, Government Code, be used for filing
19-11 the financial statement.
19-12 (b) The county clerk shall mail two copies of the form to
19-13 each person required to file under this subchapter within the time
19-14 prescribed by Section 572.030(c), Government Code.
19-15 Sec. 159.006 [159.010]. DUPLICATE STATEMENTS. If a person
19-16 has filed a financial statement under one provision of this
19-17 subchapter covering the preceding calendar year, the person is not
19-18 required to file a financial statement required under another
19-19 provision of this subchapter to cover that same year if, before the
19-20 deadline for filing the statement under the other provision, the
19-21 person notifies the county clerk [auditor] in writing that the
19-22 person has already filed a financial statement under this
19-23 subchapter to cover that year.
19-24 Sec. 159.007 [159.011. TIMELINESS OF FILING. (a) The
19-25 deadline for filing a financial statement required by this
19-26 subchapter is 5 p.m. of the last day designated in the applicable
19-27 provision for filing the statement.]
20-1 [(b) If the last day for filing the financial statement is a
20-2 Saturday, Sunday, or legal state or national holiday, the statement
20-3 is timely if filed on the next regular business day.]
20-4 [(c) A financial statement is timely filed if it is properly
20-5 addressed and placed in the United States Post Office or in the
20-6 hands of a common or contract carrier not later than the last day
20-7 for filing the financial statement. The post office cancellation
20-8 mark or the receipt mark of a common or contract carrier is prima
20-9 facie evidence of the date the statement was deposited with the
20-10 post office or carrier. The person filing the statement may show by
20-11 competent evidence that the actual date of posting was different
20-12 from that shown by the marks.]
20-13 [Sec. 159.012. DUTIES OF COUNTY AUDITOR. (a) The county
20-14 auditor shall prepare forms to be used for filing the financial
20-15 statement under this subchapter that are substantially similar to
20-16 the financial statement forms prepared by the secretary of state
20-17 under Chapter 572, Government Code.]
20-18 [(b) Except as otherwise provided by this section, the
20-19 county auditor shall mail two copies of the financial statement
20-20 form to each person in the county required to file under this
20-21 subchapter.]
20-22 [(c) The forms must be mailed not later than:]
20-23 [(1) the 30th day before the deadline for filing the
20-24 financial statement under Section 159.008(a);]
20-25 [(2) the seventh day after the date of appointment for
20-26 persons required to file under Section 159.008(b);]
20-27 [(3) the 15th day after the deadline for filing an
21-1 application for a place on the ballot or a declaration of write-in
21-2 candidacy for candidates required to file under Sections 159.009(a)
21-3 and (b); and]
21-4 [(4) the fifth day after the date the certificate of
21-5 the replacement nomination is filed for candidates required to file
21-6 under Section 159.009(c).]
21-7 [(d) The county auditor shall conduct a continuing survey to
21-8 determine whether all persons required to file financial statements
21-9 under this subchapter have actually filed statements in compliance
21-10 with this subchapter.]
21-11 [(e) If the county auditor determines that a person has
21-12 failed to file the statement in compliance with this subchapter,
21-13 the auditor shall send a written statement of the auditor's
21-14 determination to the county attorney or to the district or criminal
21-15 district attorney.]
21-16 [Sec. 159.013]. PUBLIC ACCESS TO STATEMENTS. (a) Financial
21-17 statements filed under this subchapter are public records. The
21-18 county clerk [auditor] shall maintain the statements in separate
21-19 alphabetical files and in a manner that is accessible to the public
21-20 during regular office hours.
21-21 (b) During the one-year period following the date of filing
21-22 of a financial statement, each time a person, other than the county
21-23 clerk [auditor] or an employee of the county clerk [auditor] who is
21-24 acting on official business, requests to see the financial
21-25 statement, the county clerk [auditor] shall place in the file a
21-26 statement of the person's name and address, whom the person
21-27 represents, and the date of the request. The county clerk [auditor]
22-1 shall retain that statement in the file for one year after the date
22-2 the requested financial statement is filed.
22-3 (c) The county clerk [auditor] may, and on notification from
22-4 a former officer or candidate shall, destroy any financial
22-5 statements filed by the officer or candidate two years after the
22-6 date the person ceases to be an officer or candidate, as
22-7 applicable.
22-8 Sec. 159.008 [159.014]. CRIMINAL PENALTY. (a) A county [or
22-9 district] officer or a candidate for county office commits an
22-10 offense if the officer or candidate knowingly fails to file a
22-11 financial statement as required by this subchapter.
22-12 (b) An offense under this section is a Class B misdemeanor.
22-13 (c) It is a defense to prosecution under this section that
22-14 the officer or candidate did not receive copies of the financial
22-15 statement form required to be mailed to the officer or candidate by
22-16 this subchapter.
22-17 Sec. 159.009 [159.015]. VENUE. An offense under this
22-18 subchapter, including perjury, may be prosecuted in any county in
22-19 which it may be prosecuted under the Code of Criminal Procedure.
22-20 Sec. 159.010 [159.016]. CIVIL PENALTY. (a) A person who
22-21 determines that a person required to file a financial statement
22-22 under this subchapter has failed to do so may notify in writing:
22-23 (1) the county attorney or criminal district attorney;
22-24 or
22-25 (2) the district attorney, if the person required to
22-26 file the statement is the county attorney.
22-27 (b) On receipt of a written notice under Subsection (a), the
23-1 county attorney, district attorney, or criminal district attorney
23-2 [The county auditor] shall determine from any available evidence
23-3 whether the person to whom the notice relates has failed to file a
23-4 statement [required to be filed under this subchapter is late]. On
23-5 making that determination, the county attorney, district attorney,
23-6 or criminal district attorney [auditor] shall immediately mail by
23-7 certified mail a notice of the determination to the person
23-8 responsible for filing the statement [and to the county attorney or
23-9 to the district or criminal district attorney].
23-10 (c) [(b)] If [a statement is determined to be late,] the
23-11 person responsible for filing the statement fails to file the
23-12 statement before the 30th day after the person receives the notice
23-13 under Subsection (b), the person is civilly liable to the county
23-14 for an amount not to exceed $1,000 [$100]. [The county attorney or
23-15 the district or criminal district attorney may not initiate suit
23-16 for the penalty until the 10th day after the date the notice is
23-17 mailed under this section. If the penalty is paid before the 10th
23-18 day after the mailing, the county auditor shall notify the county
23-19 attorney or the district or criminal district attorney, and the
23-20 civil suit under this section may not be initiated.]
23-21 (d) [(c)] A penalty paid under this section shall be
23-22 deposited to the credit of the general fund of the county.
23-23 (e) [(d)] This section is cumulative of any other available
23-24 sanctions for late filings of statements.
23-25 SECTION 19. The amendments made by this Act to Subchapter A,
23-26 Chapter 159, Local Government Code, apply only to a financial
23-27 disclosure statement under that subchapter that is due on or after
24-1 September 1, 1997. A financial statement under Subchapter A,
24-2 Chapter 159, Local Government Code, that is due before September 1,
24-3 1997, is governed by the law in effect at the time the financial
24-4 statement was due, and the former law is continued in effect for
24-5 that purpose.
24-6 SECTION 20. Section 254.036, Election Code, as amended by
24-7 this Act, applies only to a report under Chapter 254, Election
24-8 Code, that is required to be filed on or after September 1, 1997. A
24-9 report under Chapter 254, Election Code, that is required to be
24-10 filed before September 1, 1997, is governed by the law in effect on
24-11 the date the report is required to be filed, and that law is
24-12 continued in effect for that purpose.
24-13 SECTION 21. A district attorney or criminal district
24-14 attorney shall file a personal financial statement for 1997 with
24-15 the Texas Ethics Commission under Chapter 572, Government Code, as
24-16 if subject to that chapter for the entire year. A district
24-17 attorney or criminal district attorney who was subject to
24-18 Subchapter A, Chapter 159, Local Government Code, as that
24-19 subchapter existed before amendment by this Act, is not required to
24-20 file a personal financial statement for 1997 under that subchapter.
24-21 SECTION 22. (a) The change in law made by this Act applies
24-22 only to an offense committed on or after the effective date of this
24-23 Act. For the purposes of this section, an offense is committed
24-24 before the effective date of this Act if any element of the offense
24-25 occurs before the effective date.
24-26 (b) An offense committed before the effective date of this
24-27 Act is covered by the law in effect when the offense was committed,
25-1 and the former law is continued in effect for that purpose.
25-2 SECTION 23. This Act takes effect September 1, 1997.
25-3 SECTION 24. The importance of this legislation and the
25-4 crowded condition of the calendars in both houses create an
25-5 emergency and an imperative public necessity that the
25-6 constitutional rule requiring bills to be read on three several
25-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3207 was passed by the House on May
2, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 3207 on May 28, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 3207 on June 1, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3207 was passed by the Senate, with
amendments, on May 24, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 3207 on June 1, 1997,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor