By Wolens H.R. No. 1318
75R16957 ESH-D
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.