R E S O L U T I O N

 1-1           BE IT RESOLVED by the House of Representatives of the State

 1-2     of Texas, 75th Legislature, Regular Session, 1997, That House Rule

 1-3     13, Section 9(a), be suspended in part as provided by House Rule

 1-4     13, Section 9(f), to enable the conference committee appointed to

 1-5     resolve the differences on House Bill No. 3207 to consider and take

 1-6     action on the following:

 1-7           (1)  House Rule 13, Section 9(a)(1), is suspended to permit

 1-8     the committee to amend Section 255.007, Election Code, to read as

 1-9     follows:

1-10           Sec. 255.007.  NOTICE REQUIREMENT ON POLITICAL ADVERTISING

1-11     SIGNS.  (a)  The following notice must be written on each political

1-12     advertising sign:

1-13           "NOTICE:  IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND

1-14     393, TRANSPORTATION CODE) [(ARTICLE 2372cc, VERNON'S TEXAS CIVIL

1-15     STATUTES, AND  ARTICLE 6674v-7, REVISED STATUTES)], TO PLACE THIS

1-16     SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY."

1-17           (b)  A person commits an offense if the person:

1-18                 (1)  knowingly enters into a contract to print or make

1-19     a political advertising sign that does not contain the notice

1-20     required by Subsection (a); or

1-21                 (2)  instructs another person to place a political

1-22     advertising sign that does not contain the notice required by

1-23     Subsection (a).

1-24           (c)  An offense under this section is a Class C misdemeanor.

 2-1           (d)  It is an exception to the application of Subsection (b)

 2-2     that the political advertising sign was printed or made before

 2-3     September 1, 1997, and complied with Subsection (a)  as it existed

 2-4     immediately before that date.

 2-5           (e)  In this section, "political advertising sign" means a

 2-6     written form of political advertising designed to be seen from a

 2-7     road but does not include a bumper sticker.

 2-8           Explanation:  This change is necessary to avoid conflicting

 2-9     language in Section 255.007, Election Code, as amended by H.B. No.

2-10     3207 and as amended by H.B. No. 331.  The house has concurred in

2-11     the senate amendments to H.B. No. 331.

2-12           (2)  House Rule 13, Section 9(a)(1), is suspended to permit

2-13     the committee to amend Section 159.001, Local Government Code, to

2-14     read as follows:

2-15           Sec. 159.001.  APPLICABILITY OF [COUNTY COVERED BY]

2-16     SUBCHAPTER.  This subchapter applies only to a county with a

2-17     population of 100,000 [500,000] or more.

2-18           Explanation:  This change is necessary to provide that

2-19     Subchapter A, Chapter 159, Local Government Code, applies to county

2-20     attorneys in counties of 100,000 or more.  As amended by both the

2-21     house and senate, Subchapter A, Chapter 159, Local Government Code,

2-22     would apply to county attorneys in counties of 50,000 or more.

2-23           (3)  House Rule 13, Sections 9(a)(1) and (2), are suspended

2-24     to permit the committee to amend Section 159.002, Local Government

2-25     Code, to read as follows:

2-26           Sec. 159.002.  DEFINITION [DEFINITIONS].  In this subchapter,

2-27     "county [:]

 3-1                 [(1)  "Business entity" means a sole proprietorship,

 3-2     partnership, firm, corporation, holding company, joint stock

 3-3     company, receivership, trust, or any other entity recognized by law

 3-4     through which business for profit is conducted.]

 3-5                 [(2)  "County or district] officer" means a county

 3-6     judge, county commissioner, or county attorney [, district

 3-7     attorney, or criminal district attorney].

 3-8           Explanation:  This change is necessary because the section as

 3-9     amended by the house and senate defined "business entity," which is

3-10     a term that is not used in amended Subchapter A, Chapter 159, Local

3-11     Government Code.

3-12           (4)  House Rule 13, Section 9(a)(1), is suspended to permit

3-13     the committee to amend Section 159.009(d), Local Government Code

3-14     (redesignated as Section 159.004(d), Local Government Code), to

3-15     read as follows:

3-16           (d)  The county clerk [auditor] may not grant an extension to

3-17     a candidate for office as a county officer [for a  person required

3-18     to file under this section].

3-19           Explanation:  This change is necessary to conform to amended

3-20     Section 159.003, Local Government Code, which requires only county

3-21     officers or candidates for county office to file financial

3-22     statements under Subchapter A, Chapter 159, Local Government Code,

3-23     and requires a financial statement to be filed with the county

3-24     clerk.

3-25           (5)  House Rule 13, Section 9(a)(1), is suspended to permit

3-26     the committee to amend added Section 159.005, Local Government

3-27     Code, to read as follows:

 4-1           Sec. 159.005.  PREPARATION OF FORMS.  (a)  The county clerk,

 4-2     as applicable, may:

 4-3                 (1)  design a form to be used for filing the financial

 4-4     statement required by this subchapter; or

 4-5                 (2)  require that a form designed by the Texas Ethics

 4-6     Commission under Chapter 572, Government Code, be used for filing

 4-7     the financial statement.

 4-8           (b)  The county clerk shall mail two copies of the form to

 4-9     each person required to file under this subchapter within the time

4-10     prescribed by Section 572.030(c), Government Code.

4-11           Explanation:  This change is necessary to conform to amended

4-12     Section 159.003, Local Government Code, which requires a financial

4-13     statement to be filed with the county clerk.

4-14           (6)  House Rule 13, Section 9(a)(1), is suspended to permit

4-15     the committee to amend Section 159.010, Local Government Code

4-16     (redesignated as Section 159.006, Local Government Code), to read

4-17     as follows:

4-18           Sec. 159.006 [159.010].  DUPLICATE STATEMENTS.  If a person

4-19     has filed a financial statement under one provision  of this

4-20     subchapter covering the preceding calendar year, the person is not

4-21     required to file a financial statement required under another

4-22     provision of this subchapter to cover that same year if, before the

4-23     deadline for filing the statement under the other provision, the

4-24     person notifies the county clerk [auditor] in writing that the

4-25     person has already filed a financial statement under this

4-26     subchapter to  cover that year.

4-27           Explanation:  This change is necessary to conform to amended

 5-1     Section 159.003, Local Government Code, which requires a financial

 5-2     statement to be filed with the county clerk.

 5-3           (7)  House Rule 13, Section 9(a)(1), is suspended to permit

 5-4     the committee to amend Sections 159.013(a), (b), and (c), Local

 5-5     Government Code (respectively redesignated as Sections 159.007(a),

 5-6     (b), and (c), Local Government Code), to read as follows:

 5-7           (a)  Financial statements filed under this subchapter are

 5-8     public records. The county clerk [auditor] shall maintain the

 5-9     statements in separate alphabetical files and in a manner that is

5-10     accessible to the public during regular office hours.

5-11           (b)  During the one-year period following the date of filing

5-12     of a financial statement, each time a person, other than the county

5-13     clerk [auditor] or an employee of the county clerk [auditor] who is

5-14     acting on official business, requests to see the  financial

5-15     statement, the county clerk [auditor] shall place in the file a

5-16     statement of the person's name and address, whom the person

5-17     represents, and the date of the request. The county clerk [auditor]

5-18     shall retain that statement in the file for one year after the date

5-19     the requested financial statement is filed.

5-20           (c)  The county clerk [auditor] may, and on notification from

5-21     a former officer or candidate shall, destroy any financial

5-22     statements filed by the officer or candidate two years after the

5-23     date the person ceases to be an officer or candidate, as

5-24     applicable.

5-25           Explanation:  This change is necessary to conform to Section

5-26     159.003, Local Government Code, which requires a financial

5-27     statement to be filed with the county clerk.

 6-1           (8)  House Rule 13, Section 9(a)(1), is suspended to permit

 6-2     the committee to amend Section 159.016, Local Government Code

 6-3     (redesignated as Section 159.010, Local Government Code), to read

 6-4     as follows:

 6-5           Sec. 159.010 [159.016].  CIVIL PENALTY.  (a)  A person who

 6-6     determines that a person required to file a  financial statement

 6-7     under this subchapter has failed to do so may notify in writing:

 6-8                 (1)  the county attorney or criminal district attorney;

 6-9     or

6-10                 (2)  the district attorney, if the person required to

6-11     file the statement is the county attorney.

6-12           (b)  On receipt of a written notice under Subsection (a), the

6-13     county attorney, district attorney, or criminal district attorney

6-14     [The county auditor] shall determine from any available evidence

6-15     whether the person to whom the notice relates has failed to file a

6-16     statement [required to be filed under this subchapter is late]. On

6-17     making that determination, the county attorney, district attorney,

6-18     or  criminal district attorney [auditor] shall immediately mail by

6-19     certified mail a notice of the determination to the person

6-20     responsible for filing the statement [and to the county attorney or

6-21     to the district or criminal district attorney].

6-22           (c) [(b)]  If [a statement is determined to be late,] the

6-23     person responsible for filing the statement fails  to file the

6-24     statement before the 30th day after the person receives the notice

6-25     under Subsection (b), the person  is civilly liable to the county

6-26     for an amount not to exceed $1,000 [$100].  [The county  attorney

6-27     or the district or criminal district attorney may not initiate suit

 7-1     for the penalty until the 10th day after the date the notice is

 7-2     mailed under this section. If the penalty is paid before the 10th

 7-3     day after the mailing, the county auditor shall notify the county

 7-4     attorney or the district or criminal district attorney, and the

 7-5     civil suit under this section may not be initiated.]

 7-6           (d) [(c)]  A penalty paid under this section shall be

 7-7     deposited to the credit of the general fund of the county.

 7-8           (e) [(d)]  This section is cumulative of any other available

 7-9     sanctions for late filings of statements.

7-10           Explanation:  This change is necessary to conform to amended

7-11     Section 159.003, Local Government Code, which requires only county

7-12     officers or candidates for county office to file financial

7-13     statements under Subchapter A, Chapter 159, Local Government Code.

7-14           (9)  House Rule 13, Section 9(a)(2), is suspended to permit

7-15     the committee to omit SECTION 16 of the bill, repealing Section

7-16     159.031, Local Government Code.

7-17           Explanation:  This change is necessary to retain current law,

7-18     which provides that Subchapter B, Chapter 159, Local Government

7-19     Code, applies only to a county with a population of 125,000 or

7-20     more.

                                                                      Wolens

                                             _______________________________

                                                   Speaker of the House

               I certify that H.R. No. 1318 was adopted by the House on June

         1, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House