1-1 By: Wolens (Senate Sponsor - Armbrister) H.B. No. 3207
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on State
1-4 Affairs; May 17, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; May 17, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend H.B. No. 3207 as follows:
1-8 (1) In SECTION 14 of the bill, strike Subdivision (2),
1-9 Section 159.002, Local Government Code (House engrossment page 6,
1-10 lines 2-5), and substitute the following:
1-11 "(2) "County or district officer" means a county
1-12 judge, county commissioner, county attorney, district attorney, or
1-13 criminal district attorney.".
1-14 (2) Strike SECTION 17 of the bill (House engrossment page
1-15 10, lines 36 and 37), and renumber subsequent sections of the bill
1-16 appropriately.
1-17 (3) In SECTION 18 of the bill (House engrossment page 10,
1-18 line 38), strike "(a)".
1-19 (4) In SECTION 18 of the bill (House engrossment page 10,
1-20 lines 46-51), strike all of Subsection (b).
1-21 COMMITTEE AMENDMENT NO. 2 By: Armbrister
1-22 Amend H.B. No. 3207 by adding a new SECTION of the bill,
1-23 appropriately numbered, to read as follows and renumbering
1-24 subsequent sections of the bill appropriately:
1-25 SECTION ___. Section 171.004, Local Government Code, is
1-26 amended by adding Subsection (d) to read as follows:
1-27 (d) A local public official is not required to file an
1-28 affidavit under this section if the official has filed a financial
1-29 statement under Chapter 159, but the official shall refrain from
1-30 participation in the matter as provided by this section.
1-31 COMMITTEE AMENDMENT NO. 3 By: Nixon
1-32 Amend H.B. No. 3207 by inserting the following new section,
1-33 appropriately numbered, and renumbering the subsequent sections
1-34 accordingly:
1-35 SECTION ____. Section 254.040, Election Code, is amended to
1-36 read as follows:
1-37 Sec. 254.040. PRESERVATION OF REPORTS; RECORD OF INSPECTION.
1-38 (a) Each report filed under this chapter shall be preserved by the
1-39 authority with whom it is filed for at least two years after the
1-40 date it is filed.
1-41 (b) Each time a person requests to inspect a report, the
1-42 commission shall place in the file a statement of the person's name
1-43 and address, whom the person represents, and the date of the
1-44 request. The commission shall retain that statement in the file
1-45 for one year after the date the requested report is filed. This
1-46 subsection does not apply to a request to inspect a report by:
1-47 (1) a member or employee of the commission acting on
1-48 official business; or
1-49 (2) an individual acting on the individual's own
1-50 behalf.
1-51 A BILL TO BE ENTITLED
1-52 AN ACT
1-53 relating to the regulation of political contributions and
1-54 expenditures and political advertising, the registration of
1-55 lobbyists, personal financial disclosure by certain holders of and
1-56 candidates for public office, restrictions on certain
1-57 representation before a state agency by a member of the
1-58 legislature, and the publication of summaries of opinions of the
1-59 Texas Ethics Commission; providing a civil penalty.
1-60 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-61 SECTION 1. Section 251.004, Election Code, is amended to
1-62 read as follows:
1-63 Sec. 251.004. VENUE [FOR OFFENSES]. (a) Venue for a
1-64 criminal offense prescribed by this title is in the county of
2-1 residence of the defendant, unless the defendant is not a Texas
2-2 resident, in which case venue is in Travis County.
2-3 (b) Venue for the recovery of delinquent civil penalties
2-4 imposed by the commission under this title is in Travis County.
2-5 SECTION 2. Section 252.0032, Election Code, is amended to
2-6 read as follows:
2-7 Sec. 252.0032. CONTENTS OF APPOINTMENT BY CANDIDATE.
2-8 (a) In addition to the information required by Section 252.002, a
2-9 campaign treasurer appointment by a candidate must include:
2-10 (1) the candidate's telephone number; and
2-11 (2) a statement, signed by the candidate, that the
2-12 candidate is aware of the nepotism law, Chapter 573, Government
2-13 Code.
2-14 (b) A campaign treasurer appointment that is filed in a
2-15 manner other than by use of an officially prescribed form is not
2-16 invalid because it fails to comply with Subsection (a)(2) [(a)].
2-17 SECTION 3. Section 253.034, Election Code, is amended to
2-18 read as follows:
2-19 Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING REGULAR
2-20 LEGISLATIVE SESSION. (a) During the period beginning on the 30th
2-21 day before the date a regular legislative session convenes and
2-22 continuing through the day of final adjournment, a person may not
2-23 knowingly make a political contribution to:
2-24 (1) a statewide officeholder;
2-25 (2) a member of the legislature; or
2-26 (3) a specific-purpose committee for supporting,
2-27 opposing, or assisting a statewide officeholder or member of the
2-28 legislature.
2-29 (b) A statewide officeholder, a member of the legislature,
2-30 or a specific-purpose committee for supporting, opposing, or
2-31 assisting a statewide officeholder or member of the legislature may
2-32 not knowingly accept a political contribution, and shall refuse a
2-33 political contribution that is received, during the period
2-34 prescribed by Subsection (a). A political contribution that is
2-35 received and refused during that period shall be returned to the
2-36 contributor not later than the 30th day after the date of receipt.
2-37 A contribution made by mail is not considered received during that
2-38 period if it was placed with postage prepaid and properly addressed
2-39 in the United States mail before the beginning of the period. The
2-40 date indicated by the post office cancellation mark is considered
2-41 to be the date the contribution was placed in the mail unless
2-42 proven otherwise.
2-43 (c) This section does not apply to a political contribution
2-44 that was made and accepted with the intent that it be used:
2-45 (1) in an election held or ordered during the period
2-46 prescribed by Subsection (a) in which the person accepting the
2-47 contribution is a candidate if the contribution was made after the
2-48 person appointed a campaign treasurer with the appropriate
2-49 authority and before the person was sworn in for that office;
2-50 (2) to defray expenses incurred in connection with an
2-51 election contest; or
2-52 (3) by a person who holds a state office or a member
2-53 of the legislature if the person or member was defeated at the
2-54 general election held immediately before the session is convened or
2-55 by a specific-purpose political committee that supports or assists
2-56 only that person or member.
2-57 (d) This section does not apply to a political contribution
2-58 made to or accepted by a holder of an office to which Subchapter F
2-59 applies.
2-60 (e) A person who violates this section commits an offense.
2-61 An offense under this section is a Class A misdemeanor.
2-62 SECTION 4. Section 253.0341(e), Election Code, is amended to
2-63 read as follows:
2-64 (e) In this section, "legislative caucus" means an
2-65 organization that is composed exclusively of members of the
2-66 legislature, that elects or appoints officers and recognizes
2-67 identified legislators as members of the organization, and that
2-68 exists for research and other support of policy development and
2-69 interests that the membership hold in common. The term includes an
3-1 entity established by or for a legislative caucus to conduct
3-2 research, education, or any other caucus activity. An organization
3-3 whose only nonlegislator members are the lieutenant governor or the
3-4 governor remains a "legislative caucus" for purposes of this
3-5 section.
3-6 SECTION 5. Section 254.036(b), Election Code, is amended to
3-7 read as follows:
3-8 (b) Each report filed under this chapter must be accompanied
3-9 by an affidavit executed by the person required to file the report.
3-10 The affidavit must contain the statement: "I swear, or affirm,
3-11 under penalty of perjury, that the accompanying report is true and
3-12 correct and includes all information required to be reported by me
3-13 under Title 15, Election Code."
3-14 SECTION 6. Section 254.036, Election Code, is amended by
3-15 adding Subsections (e)-(g) to read as follows:
3-16 (e) A report filed under this chapter is considered to be
3-17 under oath by the person required to file the report regardless of
3-18 the absence of or defect in the affidavit of verification,
3-19 including a signature.
3-20 (f) A person required to file a report under this chapter is
3-21 subject to prosecution under Chapter 37, Penal Code, regardless of
3-22 the absence of or defect in the affidavit of verification.
3-23 (g) This section applies to a report that is filed
3-24 electronically or otherwise.
3-25 SECTION 7. Section 255.006, Election Code, is amended to
3-26 read as follows:
3-27 Sec. 255.006. MISLEADING USE OF OFFICE TITLE. (a) A person
3-28 commits an offense if the person knowingly enters into a contract
3-29 or other agreement to print, publish, or broadcast political
3-30 advertising with the intent to represent to an ordinary and prudent
3-31 person that a candidate holds a public office the candidate [he]
3-32 does not hold at the time the agreement is made.
3-33 (b) A person commits an offense if the person knowingly
3-34 represents in a campaign communication that a candidate holds a
3-35 public office the candidate [he] does not hold at the time the
3-36 representation is made.
3-37 (c) For purposes of this section, a person represents that a
3-38 candidate holds a public office the candidate does not hold if:
3-39 (1) the candidate does not hold the office that the
3-40 candidate seeks; and
3-41 (2) the political advertising or campaign
3-42 communication states the public office sought but does not use the
3-43 word "for" to clarify that the candidate does not hold that office.
3-44 (d) A person other than an officeholder commits an offense
3-45 if the person knowingly uses a representation of the state seal in
3-46 political advertising.
3-47 (e) [(d)] An offense under this section is a Class A
3-48 misdemeanor.
3-49 SECTION 8. Section 255.007, Election Code, is amended to
3-50 read as follows:
3-51 Sec. 255.007. NOTICE REQUIREMENT ON POLITICAL ADVERTISING
3-52 SIGNS. (a) The following notice must be written on each political
3-53 advertising sign:
3-54 "NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND
3-55 393, TRANSPORTATION CODE) [(ARTICLE 2372cc, VERNON'S TEXAS CIVIL
3-56 STATUTES, AND ARTICLE 6674v-7, REVISED STATUTES)], TO PLACE THIS
3-57 SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY."
3-58 (b) A person commits an offense if the person:
3-59 (1) knowingly enters into a contract to print or make
3-60 a political advertising sign that does not contain the notice
3-61 required by Subsection (a); or
3-62 (2) instructs another person to place a political
3-63 advertising sign that does not contain the notice required by
3-64 Subsection (a).
3-65 (c) An offense under this section is a Class C misdemeanor.
3-66 (d) It is an exception to the application of Subsection (b)
3-67 that the political advertising sign was printed or made before the
3-68 effective date of the amendment to this section made by H.B. No.
3-69 3207, Acts of the 75th Legislature, Regular Session, 1997, and
4-1 complied with Subsection (a) as it existed immediately before that
4-2 date.
4-3 (e) In this section, "political advertising sign" means a
4-4 written form of political advertising designed to be seen from a
4-5 road but does not include a bumper sticker.
4-6 SECTION 9. Section 305.005(f), Government Code, is amended
4-7 to read as follows:
4-8 (f) The registration must be written and verified and must
4-9 contain:
4-10 (1) the registrant's full name and address;
4-11 (2) the registrant's normal business, business phone
4-12 number, and business address;
4-13 (3) the full name and address of each person:
4-14 (A) who reimburses, retains, or employs the
4-15 registrant to communicate directly with a member of the legislative
4-16 or executive branch to influence legislation or administrative
4-17 action; and
4-18 (B) on whose behalf the registrant has
4-19 communicated directly with a member of the legislative or executive
4-20 branch to influence legislation or administrative action;
4-21 (4) the subject matter of the legislation or [and, if
4-22 applicable, the docket number or other administrative designation]
4-23 of the administrative action that is the subject of the
4-24 registrant's direct communication with a member of the legislative
4-25 or executive branch and, if applicable, the docket number or other
4-26 administrative designation of the administrative action;
4-27 (5) for each person employed or retained by the
4-28 registrant for the purpose of assisting in direct communication
4-29 with a member of the legislative or executive branch to influence
4-30 legislation or administrative action:
4-31 (A) the full name, business address, and
4-32 occupation of the person; and
4-33 (B) the subject matter of the legislation or
4-34 [and, if applicable, the docket number or other administrative
4-35 designation] of the administrative action to which the person's
4-36 activities reportable under this section were related and, if
4-37 applicable, the docket number or other administrative designation
4-38 of the administrative action; and
4-39 (6) the amount of compensation or reimbursement paid
4-40 by each person who reimburses, retains, or employs the registrant
4-41 for the purpose of communicating directly with a member of the
4-42 legislative or executive branch or on whose behalf the registrant
4-43 communicates directly with a member of the legislative or executive
4-44 branch.
4-45 SECTION 10. Section 572.027(b), Government Code, is amended
4-46 to read as follows:
4-47 (b) If the deadline under which a candidate files an
4-48 application for a place on the ballot, other than the regular
4-49 filing deadline for an independent candidate, or files a
4-50 declaration of write-in candidacy falls after the date of the
4-51 regular filing deadline for candidates in the general primary
4-52 election, the candidate shall file the financial statement not
4-53 later than the 30th day after that later deadline. However, if
4-54 that deadline falls after [not later than] the 35th day before
4-55 [after] the date of [on which] the election in which the candidate
4-56 is running, the candidate shall file the statement not later than
4-57 the fifth day before the date of that election.
4-58 SECTION 11. Section 572.030(c), Government Code, is amended
4-59 to read as follows:
4-60 (c) The copies must be mailed:
4-61 (1) before the 30th day before the deadline for filing
4-62 the financial statement under Section 572.026(a) or (c), except as
4-63 otherwise provided by this subsection;
4-64 (2) not later than the 15th day after the applicable
4-65 [filing] deadline for filing an application for a place on the
4-66 ballot or a declaration of write-in candidacy for candidates
4-67 required to file under Section 572.027(a), (b), or (c);
4-68 (3) not later than the seventh day after the date of
4-69 appointment for individuals required to file under Section
5-1 572.026(b), or if the legislature is in session, sooner if
5-2 possible; and
5-3 (4) not later then the fifth day after the date the
5-4 certificate of nomination is filed for candidates required to file
5-5 under Section 574.027(d).
5-6 SECTION 12. Section 572.052(a), Government Code, is amended
5-7 to read as follows:
5-8 (a) A member of the legislature may not, for compensation,
5-9 represent another person before a state agency in the executive
5-10 branch of state government unless:
5-11 (1) the representation:
5-12 (A) is made in a proceeding that is adversary in
5-13 nature or in another public hearing that is a matter of record; or
5-14 (B) [(2) the representation] involves the
5-15 filing of documents, contacts with the agency, or other relations,
5-16 that involve only ministerial acts on the part of the commission,
5-17 agency, board, department, or officer; and
5-18 (2) the member discloses to the agency that the member
5-19 is being compensated for the representation.
5-20 SECTION 13. Sections 2002.011 and 2002.012, Government Code,
5-21 are amended to read as follows:
5-22 Sec. 2002.011. TEXAS REGISTER. The secretary of state shall
5-23 compile, index, cross-index to statute, and publish a publication
5-24 to be known as the Texas Register. The register shall contain:
5-25 (1) notices of proposed rules issued and filed in the
5-26 office of the secretary of state as provided by Subchapter B of
5-27 Chapter 2001;
5-28 (2) the text of rules adopted and filed in the office
5-29 of the secretary of state;
5-30 (3) notices of open meetings issued and filed in the
5-31 office of the secretary of state as provided by law;
5-32 (4) executive orders issued by the governor;
5-33 (5) summaries of requests for opinions of the attorney
5-34 general and of the Texas [State] Ethics [Advisory] Commission;
5-35 (6) summaries of opinions of the attorney general and
5-36 of the Texas [State] Ethics [Advisory] Commission;
5-37 (7) guidelines prepared by the attorney general under
5-38 Section 2007.041;
5-39 (8) notices relating to the preparation of takings
5-40 impact assessments as provided by Section 2007.043; and
5-41 (9) other information of general interest to the
5-42 public of this state, including:
5-43 (A) federal legislation or regulations affecting
5-44 the state or a state agency; and
5-45 (B) state agency organizational and personnel
5-46 changes.
5-47 Sec. 2002.012. SUMMARIES OF OPINIONS AND REQUESTS FOR
5-48 OPINIONS. The attorney general or the Texas [State] Ethics
5-49 [Advisory] Commission, as appropriate, shall prepare and forward to
5-50 the secretary of state for publication in the Texas Register:
5-51 (1) summaries of requests for opinions under Section
5-52 2002.011(5); and
5-53 (2) summaries of opinions under Section 2002.011(6).
5-54 SECTION 14. Subchapter A, Chapter 159, Local Government
5-55 Code, is amended to read as follows:
5-56 SUBCHAPTER A. FINANCIAL DISCLOSURE BY CERTAIN COUNTY
5-57 OR DISTRICT OFFICERS
5-58 Sec. 159.001. APPLICABILITY OF [COUNTY COVERED BY]
5-59 SUBCHAPTER. This subchapter applies only to a county with a
5-60 population of 50,000 [500,000] or more.
5-61 Sec. 159.002. DEFINITIONS. In this subchapter:
5-62 (1) "Business entity" means a sole proprietorship,
5-63 partnership, firm, corporation, holding company, joint stock
5-64 company, receivership, trust, or any other entity recognized by law
5-65 through which business for profit is conducted.
5-66 (2) "County or district officer" means a county judge,
5-67 county commissioner, county attorney, district attorney, [or]
5-68 criminal district attorney, or judge of a statutory county court or
5-69 statutory probate court.
6-1 Sec. 159.003. [DETERMINATION OF SUBSTANTIAL INTEREST. A
6-2 person has a substantial interest in a business entity if the
6-3 person:]
6-4 [(1) has controlling interest in the business entity;]
6-5 [(2) has ownership in excess of 10 percent of the
6-6 voting interest in the business entity or in excess of $25,000 of
6-7 the fair market value of the business entity;]
6-8 [(3) has any participating interest, either direct or
6-9 indirect, by shares, stock, or otherwise, whether or not voting
6-10 rights are included, in the profits, proceeds, or capital gains of
6-11 the business entity in excess of 10 percent of them;]
6-12 [(4) holds the position of a member of the board of
6-13 directors or other governing board of the business entity;]
6-14 [(5) serves as an elected officer of the business
6-15 entity; or]
6-16 [(6) is an employee of the business entity.]
6-17 [Sec. 159.004.] FINANCIAL STATEMENT REQUIRED. (a) A county
6-18 or district officer or a candidate for a county or district office
6-19 shall file a financial statement as required by this subchapter.
6-20 (b) The statement must [be]:
6-21 (1) be filed with the county clerk [auditor] of the
6-22 county in which the officer or candidate resides; and
6-23 (2) comply with Sections 572.022 and 572.023,
6-24 Government Code [filed on the form provided by the county auditor;
6-25 and]
6-26 [(3) verified].
6-27 [Sec. 159.005. CONTENTS OF FINANCIAL STATEMENT. (a) The
6-28 financial statement must include an account of the financial
6-29 activity of the county or district officer or candidate for a
6-30 county or district office and an account of the financial activity
6-31 of the person's spouse and dependent children if the person had
6-32 actual control over that activity for the preceding calendar year.]
6-33 [(b) The account of financial activity consists of:]
6-34 [(1) a list of all sources of occupational income,
6-35 identified by employer, or if self-employed, by the nature of the
6-36 occupation, including identification of any person, business
6-37 entity, or other organization from which the person or a business
6-38 in which the person has a substantial interest received a fee as a
6-39 retainer for a claim on future services in case of need, as opposed
6-40 to a fee for services on a matter specified at the time of
6-41 contracting for or receiving the fee, whenever professional or
6-42 occupational services were not actually performed during the
6-43 reporting period equal to or in excess of the amount of the
6-44 retainer, and the category of the amount of the fee;]
6-45 [(2) identification by name and category of the number
6-46 of shares of stock of any business entity held or acquired and, if
6-47 sold, the category of the amount of net gain or loss realized from
6-48 the sale;]
6-49 [(3) a list of all bonds, notes, and other commercial
6-50 paper held or acquired and, if sold, the category of the amount of
6-51 net gain or loss realized from the sale;]
6-52 [(4) identification of each source and the category of
6-53 the amount of income in excess of $500 derived per source from
6-54 interest, dividends, royalties, and rents;]
6-55 [(5) identification of each person or financial
6-56 institution to whom a personal note or notes for a total financial
6-57 liability in excess of $1,000 existed at any time during the year,
6-58 and the category of the amount of the liability;]
6-59 [(6) identification by description of all beneficial
6-60 interests in real property and business entities held or acquired
6-61 and, if sold, the category of the amount of the net gain or loss
6-62 realized from the sale;]
6-63 [(7) identification of any person, business entity, or
6-64 other organization from which the person or the person's spouse or
6-65 dependent children received a gift of money or property in excess
6-66 of $250 in value or a series of gifts of money or property, the
6-67 total of which exceeds $250 in value received from the same source,
6-68 and a description of each gift, except gifts received from persons
6-69 related to the person at any time within the second degree by
7-1 consanguinity or affinity and campaign contributions that were
7-2 reported as required by law;]
7-3 [(8) identification of the source and the category of
7-4 the amount of all income received as beneficiary of a trust and
7-5 identification of each asset, if known to the beneficiary, from
7-6 which income was received by the beneficiary in excess of $500;]
7-7 [(9) identification by description and category of the
7-8 amount of all assets and liabilities of any corporation in which 50
7-9 percent or more of the outstanding stock was held, acquired, or
7-10 sold; and]
7-11 [(10) a list of all boards of directors of which the
7-12 person is a member and executive positions that the person holds in
7-13 corporations, firms, partnerships, and proprietorships, stating the
7-14 name of each corporation, firm, partnership, or proprietorship and
7-15 the position held.]
7-16 [Sec. 159.006. REPORTING CATEGORIES. (a) If an amount is
7-17 required to be reported by category, the person filing the
7-18 statement shall report whether the amount is less than $1,000, at
7-19 least $1,000 but less than $5,000, or $5,000 or more.]
7-20 [(b) The person filing the statement shall report an amount
7-21 of stock by category of number of shares instead of by category of
7-22 dollar value and shall report whether the amount is less than 100
7-23 shares, at least 100 but less than 500 shares, or 500 shares or
7-24 more.]
7-25 [(c) The person filing the statement shall report a
7-26 description of real property by the number of lots or number of
7-27 acres, as applicable, in each county and the name of the county.]
7-28 [Sec. 159.007. DETERMINATION OF DEPENDENT CHILD. A person's
7-29 natural child, adopted child, or stepchild is the person's
7-30 dependent child during a calendar year if the person provides over
7-31 50 percent of the child's support during the year.]
7-32 Sec. 159.004 [159.008]. FILING DATES; TIMELINESS OF FILING
7-33 [FOR OFFICERS]. (a) A county or district officer shall file the
7-34 financial statement required by this subchapter within the time
7-35 prescribed by Section 572.026, Government Code. A candidate for
7-36 office as a county or district officer shall file the financial
7-37 statement required by this subchapter within the time prescribed by
7-38 Section 572.027, Government Code.
7-39 (b) The timeliness of the filing is governed by Section
7-40 572.029, Government Code [Not later than the last Friday in April
7-41 of each year, a county or district officer shall file the financial
7-42 statement required by this subchapter].
7-43 [(b) A person who is appointed to a county or district
7-44 office or to fill a vacancy in a county or district office shall
7-45 file the first financial statement not later than the 30th day
7-46 after the date of appointment.]
7-47 (c) A county or district officer may request the county
7-48 auditor or county clerk, as applicable, to grant an extension of
7-49 time of not more than 60 days for filing the statement. The county
7-50 auditor or county clerk shall grant the request if it is received
7-51 before the filing deadline or if a timely filing or request for
7-52 extension is prevented because of physical or mental incapacity.
7-53 The county auditor or county clerk may not grant more than one
7-54 extension to a person in one year except for good cause shown.
7-55 [Sec. 159.009. FILING DATES FOR CANDIDATES. (a) Not later
7-56 than the 40th day after the date of the regular filing deadline for
7-57 an application for a place on the ballot in the general primary
7-58 election, a person who is a candidate for a county or district
7-59 office, whether partisan or independent, shall file the financial
7-60 statement required by this subchapter.]
7-61 [(b) If the deadline, other than the regular filing deadline
7-62 for an independent candidate, under which a candidate files an
7-63 application for a place on the ballot or a declaration of write-in
7-64 candidacy falls after the date of the regular filing deadline for
7-65 candidates in the general primary election, the candidate shall
7-66 file the financial statement not later than the 30th day after that
7-67 later deadline. However, if that deadline falls within 35 days of
7-68 the date of the election in which the candidate is running, the
7-69 candidate shall file the statement not later than the fifth day
8-1 before that election.]
8-2 [(c) A person nominated as a replacement candidate to fill a
8-3 vacancy in a party nomination for a county or district office shall
8-4 file the financial statement not later than the 15th day after the
8-5 date the certificate of the replacement nomination is filed.]
8-6 (d) The county auditor or county clerk may not grant an
8-7 extension to a candidate for office as a county or district officer
8-8 [for a person required to file under this section].
8-9 Sec. 159.005. PREPARATION OF FORMS. (a) The county auditor
8-10 or county clerk, as applicable, may:
8-11 (1) design a form to be used for filing the financial
8-12 statement required by this subchapter; or
8-13 (2) require that a form designed by the Texas Ethics
8-14 Commission under Chapter 572, Government Code, be used for filing
8-15 the financial statement.
8-16 (b) The county auditor or county clerk shall mail two copies
8-17 of the form to each person required to file under this subchapter
8-18 within the time prescribed by Section 572.030(c), Government Code.
8-19 Sec. 159.006 [159.010]. DUPLICATE STATEMENTS. If a person
8-20 has filed a financial statement under one provision of this
8-21 subchapter covering the preceding calendar year, the person is not
8-22 required to file a financial statement required under another
8-23 provision of this subchapter to cover that same year if, before the
8-24 deadline for filing the statement under the other provision, the
8-25 person notifies the county auditor or county clerk, as applicable,
8-26 in writing that the person has already filed a financial statement
8-27 under this subchapter to cover that year.
8-28 Sec. 159.007 [159.011. TIMELINESS OF FILING. (a) The
8-29 deadline for filing a financial statement required by this
8-30 subchapter is 5 p.m. of the last day designated in the applicable
8-31 provision for filing the statement.]
8-32 [(b) If the last day for filing the financial statement is a
8-33 Saturday, Sunday, or legal state or national holiday, the statement
8-34 is timely if filed on the next regular business day.]
8-35 [(c) A financial statement is timely filed if it is properly
8-36 addressed and placed in the United States Post Office or in the
8-37 hands of a common or contract carrier not later than the last day
8-38 for filing the financial statement. The post office cancellation
8-39 mark or the receipt mark of a common or contract carrier is prima
8-40 facie evidence of the date the statement was deposited with the
8-41 post office or carrier. The person filing the statement may show by
8-42 competent evidence that the actual date of posting was different
8-43 from that shown by the marks.]
8-44 [Sec. 159.012. DUTIES OF COUNTY AUDITOR. (a) The county
8-45 auditor shall prepare forms to be used for filing the financial
8-46 statement under this subchapter that are substantially similar to
8-47 the financial statement forms prepared by the secretary of state
8-48 under Chapter 572, Government Code.]
8-49 [(b) Except as otherwise provided by this section, the
8-50 county auditor shall mail two copies of the financial statement
8-51 form to each person in the county required to file under this
8-52 subchapter.]
8-53 [(c) The forms must be mailed not later than:]
8-54 [(1) the 30th day before the deadline for filing the
8-55 financial statement under Section 159.008(a);]
8-56 [(2) the seventh day after the date of appointment for
8-57 persons required to file under Section 159.008(b);]
8-58 [(3) the 15th day after the deadline for filing an
8-59 application for a place on the ballot or a declaration of write-in
8-60 candidacy for candidates required to file under Sections 159.009(a)
8-61 and (b); and]
8-62 [(4) the fifth day after the date the certificate of
8-63 the replacement nomination is filed for candidates required to file
8-64 under Section 159.009(c).]
8-65 [(d) The county auditor shall conduct a continuing survey to
8-66 determine whether all persons required to file financial statements
8-67 under this subchapter have actually filed statements in compliance
8-68 with this subchapter.]
8-69 [(e) If the county auditor determines that a person has
9-1 failed to file the statement in compliance with this subchapter,
9-2 the auditor shall send a written statement of the auditor's
9-3 determination to the county attorney or to the district or criminal
9-4 district attorney.]
9-5 [Sec. 159.013]. PUBLIC ACCESS TO STATEMENTS. (a) Financial
9-6 statements filed under this subchapter are public records. The
9-7 county auditor or county clerk, as applicable, shall maintain the
9-8 statements in separate alphabetical files and in a manner that is
9-9 accessible to the public during regular office hours.
9-10 (b) During the one-year period following the date of filing
9-11 of a financial statement, each time a person[, other than the
9-12 county auditor or an employee of the county auditor who is acting
9-13 on official business,] requests to see the financial statement, the
9-14 county auditor or county clerk shall place in the file a statement
9-15 of the person's name and address, whom the person represents, and
9-16 the date of the request. The county auditor or county clerk shall
9-17 retain that statement in the file for one year after the date the
9-18 requested financial statement is filed.
9-19 (c) Subsection (b) does not apply to a request to see a
9-20 financial statement by:
9-21 (1) the county auditor or an employee of the county
9-22 auditor who is acting on official business; or
9-23 (2) the county clerk or an employee of the county
9-24 clerk who is acting on official business, in a county that does not
9-25 have a county auditor.
9-26 (d) The county auditor or county clerk may, and on
9-27 notification from a former officer or candidate shall, destroy any
9-28 financial statements filed by the officer or candidate two years
9-29 after the date the person ceases to be an officer or candidate, as
9-30 applicable.
9-31 Sec. 159.008 [159.014]. CRIMINAL PENALTY. (a) A county or
9-32 district officer or candidate commits an offense if the officer or
9-33 candidate knowingly fails to file a financial statement as required
9-34 by this subchapter.
9-35 (b) An offense under this section is a Class B misdemeanor.
9-36 (c) It is a defense to prosecution under this section that
9-37 the officer or candidate did not receive copies of the financial
9-38 statement form required to be mailed to the officer or candidate by
9-39 this subchapter.
9-40 Sec. 159.009 [159.015]. VENUE. An offense under this
9-41 subchapter, including perjury, may be prosecuted in any county in
9-42 which it may be prosecuted under the Code of Criminal Procedure.
9-43 Sec. 159.010 [159.016]. CIVIL PENALTY. (a) A person who
9-44 determines that a person required to file a financial statement
9-45 under this subchapter has failed to do so may notify in writing:
9-46 (1) the county attorney or criminal district attorney;
9-47 (2) the district attorney, if the person required to
9-48 file the statement is the county attorney; or
9-49 (3) the local administrative district judge, if the
9-50 person required to file the statement is the criminal district
9-51 attorney.
9-52 (b) On receipt of a written notice under Subsection (a), the
9-53 county attorney, district attorney, criminal district attorney, or
9-54 local administrative district judge [The county auditor] shall
9-55 determine from any available evidence whether the person to whom
9-56 the notice relates has failed to file a statement [required to be
9-57 filed under this subchapter is late]. On making that determination,
9-58 the county attorney, district attorney, criminal district attorney,
9-59 or district judge [auditor] shall immediately mail by certified
9-60 mail a notice of the determination to the person responsible for
9-61 filing the statement [and to the county attorney or to the district
9-62 or criminal district attorney].
9-63 (c) [(b)] If [a statement is determined to be late,] the
9-64 person responsible for filing the statement fails to file the
9-65 statement before the 30th day after the person receives the notice
9-66 under Subsection (b), the person is civilly liable to the county
9-67 for an amount not to exceed $1,000 [$100]. If the person
9-68 responsible for filing the statement is the criminal district
9-69 attorney, the commissioners court may appoint an attorney to
10-1 collect the penalty [The county attorney or the district or
10-2 criminal district attorney may not initiate suit for the penalty
10-3 until the 10th day after the date the notice is mailed under this
10-4 section. If the penalty is paid before the 10th day after the
10-5 mailing, the county auditor shall notify the county attorney or the
10-6 district or criminal district attorney, and the civil suit under
10-7 this section may not be initiated].
10-8 (d) [(c)] A penalty paid under this section shall be
10-9 deposited to the credit of the general fund of the county.
10-10 (e) [(d)] This section is cumulative of any other available
10-11 sanctions for late filings of statements.
10-12 SECTION 15. Section 159.033, Local Government Code, is
10-13 amended to read as follows:
10-14 Sec. 159.033. FINANCIAL DISCLOSURE REPORTING SYSTEM. (a)
10-15 The commissioners court of a county with a population of less than
10-16 125,000 may adopt by order a financial disclosure reporting system
10-17 for the county auditor.
10-18 (b) The commissioners court of a [the] county with a
10-19 population of 125,000 or more may adopt by order a financial
10-20 disclosure reporting system for county officers, precinct
10-21 officers, county judicial officers, candidates for those offices,
10-22 and county employees.
10-23 (c) [(b)] The commissioners court shall prescribe the items
10-24 required to be reported and the times the report is due.
10-25 (d) [(c)] If reporting is required under Subsection (b), the
10-26 commissioners court may restrict the reporting requirement to a
10-27 limited part of county employees if all employees with similar jobs
10-28 are required to report.
10-29 SECTION 16. Section 159.031, Local Government Code, is
10-30 repealed.
10-31 SECTION 17. Subchapter C, Chapter 159, Local Government
10-32 Code, is repealed.
10-33 SECTION 18. (a) The amendments made by this Act to
10-34 Subchapter A, Chapter 159, Local Government Code, apply only to a
10-35 financial disclosure statement under that subchapter that is due on
10-36 or after September 1, 1997. A financial statement under Subchapter
10-37 A, Chapter 159, Local Government Code, that is due before September
10-38 1, 1997, is governed by the law in effect at the time the financial
10-39 statement was due, and the former law is continued in effect for
10-40 that purpose.
10-41 (b) The repeal by this Act of Section 159.056, Local
10-42 Government Code, does not apply to an offense committed under that
10-43 section before the effective date of the repeal. An offense
10-44 committed before that date is covered by that section as it existed
10-45 on the date the offense was committed, and the former law is
10-46 continued in effect for this purpose.
10-47 SECTION 19. Section 254.036, Election Code, as amended by
10-48 this Act, applies only to a report under Chapter 254, Election
10-49 Code, that is required to be filed on or after September 1, 1997. A
10-50 report under Chapter 254, Election Code, that is required to be
10-51 filed before September 1, 1997, is governed by the law in effect on
10-52 the date the report is required to be filed, and that law is
10-53 continued in effect for that purpose.
10-54 SECTION 20. (a) The change in law made by this Act applies
10-55 only to an offense committed on or after the effective date of this
10-56 Act. For the purposes of this section, an offense is committed
10-57 before the effective date of this Act if any element of the offense
10-58 occurs before the effective date.
10-59 (b) An offense committed before the effective date of this
10-60 Act is covered by the law in effect when the offense was committed,
10-61 and the former law is continued in effect for that purpose.
10-62 SECTION 21. This Act takes effect September 1, 1997.
10-63 SECTION 22. The importance of this legislation and the
10-64 crowded condition of the calendars in both houses create an
10-65 emergency and an imperative public necessity that the
10-66 constitutional rule requiring bills to be read on three several
10-67 days in each house be suspended, and this rule is hereby suspended.
10-68 * * * * *