By: Haywood S.B. No. 73
A BILL TO BE ENTITLED
AN ACT
1-1 relating to financial statements filed by judges of statutory
1-2 county courts and statutory probate courts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 159.051 and 159.052, Local Government
1-5 Code, are amended to read as follows:
1-6 Sec. 159.051. DEFINITIONS [DEFINITION]. In this subchapter:
1-7 (1) "Commission" means the Texas Ethics Commission.
1-8 (2) "County [, "county] judicial officer" means the
1-9 judge of a statutory county court or statutory probate court.
1-10 Sec. 159.052. FILING REQUIREMENT. (a) A county judicial
1-11 officer or a candidate for office as a county judicial officer
1-12 shall file with the county clerk or the commission a financial
1-13 statement that complies with Sections 572.022 and 572.023,
1-14 Government Code.
1-15 (b) A county judicial officer or candidate who files a
1-16 financial statement with the commission shall file with the county
1-17 clerk a document stating that the officer or candidate is filing
1-18 the financial statement with the commission. The document must be
1-19 filed by the deadline for filing the financial statement.
1-20 SECTION 2. Subsection (a), Section 159.054, Local Government
1-21 Code, is amended to read as follows:
1-22 (a) The county clerk may:
1-23 (1) design a form to be used for filing the financial
2-1 statement required by this subchapter; or
2-2 (2) require that a form designed by the commission
2-3 [Texas Ethics Commission] under Chapter 572, Government Code, be
2-4 used for filing the financial statement.
2-5 SECTION 3. Section 159.055, Local Government Code, is
2-6 amended to read as follows:
2-7 Sec. 159.055. PUBLIC ACCESS TO STATEMENTS. (a) Except as
2-8 provided by Subsection (b), a [A] financial statement filed under
2-9 this subchapter or a document filed under Section 159.052(b) is a
2-10 public record. The county clerk or the commission shall maintain
2-11 the financial statements or documents in a manner that is
2-12 accessible to the public during regular business hours.
2-13 (b) On the written request of a county judicial officer or
2-14 candidate, the county clerk or the commission shall remove the
2-15 names of the officer's or candidate's dependent children from the
2-16 officer's or candidate's financial statement before the statement
2-17 is made available to a member of the public.
2-18 (c) Until the first anniversary of the date a financial
2-19 statement is filed, each time a person requests to see the
2-20 financial statement, excluding the county clerk or an employee of
2-21 the county clerk or the commission, acting on official business,
2-22 the county clerk or the commission shall place in the file a
2-23 statement of the person's name and address, whom the person
2-24 represents, and the date of the request. The county clerk or the
2-25 commission shall maintain that statement in the file until the
3-1 first anniversary of the date the financial statement is filed.
3-2 (d) [(c)] After the second anniversary of the date a person
3-3 ceases to be a county judicial officer, the county clerk or the
3-4 commission may and on notification from the former officer shall
3-5 destroy each financial statement filed by the officer.
3-6 SECTION 4. Subsection (b), Section 571.030, Government Code,
3-7 is amended to read as follows:
3-8 (b) Money in the fund may be appropriated only to the
3-9 commission to administer and enforce:
3-10 (1) this chapter;
3-11 (2) Chapters 302, 305, and 572; [and]
3-12 (3) Subchapter C, Chapter 159, Local Government Code,
3-13 as provided by Section 571.061(a)(2); and
3-14 (4) Title 15, Election Code.
3-15 SECTION 5. Subsection (a), Section 571.061, Government Code,
3-16 is amended to read as follows:
3-17 (a) The commission shall administer and enforce:
3-18 (1) Chapters 302, 305, and 572; [and]
3-19 (2) Subchapter C, Chapter 159, Local Government Code,
3-20 in connection with a county judicial officer, as defined by Section
3-21 159.051, Local Government Code, who elects to file a financial
3-22 statement with the commission; and
3-23 (3) Title 15, Election Code.
3-24 SECTION 6. Subsection (a), Section 571.091, Government Code,
3-25 is amended to read as follows:
4-1 (a) The commission shall prepare a written opinion answering
4-2 the request of a person subject to any of the following laws for an
4-3 opinion about the application of any of these laws to the person in
4-4 regard to a specified existing or hypothetical factual situation:
4-5 (1) Chapter 302;
4-6 (2) Chapter 305;
4-7 (3) Chapter 572;
4-8 (4) Subchapter C, Chapter 159, Local Government Code,
4-9 as provided by Section 571.061(a)(2);
4-10 (5) Title 15, Election Code;
4-11 (6) [(5)] Chapter 36, Penal Code; or
4-12 (7) [(6)] Chapter 39, Penal Code.
4-13 SECTION 7. This Act takes effect September 1, 1997, and
4-14 applies only to a financial statement under Subchapter C, Chapter
4-15 159, Local Government Code, that is required to be filed on or
4-16 after that date. A financial statement under Subchapter C, Chapter
4-17 159, Local Government Code, that is required to be filed before
4-18 September 1, 1997, is governed by the law in effect at the time the
4-19 financial statement is required to be filed, and that law is
4-20 continued in effect for that purpose.
4-21 SECTION 8. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.