By Haywood S.B. No. 73
75R1057 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to financial statements filed by judges of statutory
1-3 county courts and statutory probate courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 159.051 and 159.052, Local Government
1-6 Code, are amended to read as follows:
1-7 Sec. 159.051. DEFINITIONS [DEFINITION]. In this subchapter:
1-8 (1) "Commission" means the Texas Ethics Commission.
1-9 (2) "County [, "county] judicial officer" means the
1-10 judge of a statutory county court or statutory probate court.
1-11 Sec. 159.052. FILING REQUIREMENT. (a) A county judicial
1-12 officer or a candidate for office as a county judicial officer
1-13 shall file with the county clerk or the commission a financial
1-14 statement that complies with Sections 572.022 and 572.023,
1-15 Government Code.
1-16 (b) A county judicial officer or candidate who files a
1-17 financial statement with the commission shall file with the county
1-18 clerk a document stating that the officer or candidate is filing
1-19 the financial statement with the commission. The document must be
1-20 filed by the deadline for filing the financial statement.
1-21 SECTION 2. Section 159.054(a), Local Government Code, is
1-22 amended to read as follows:
1-23 (a) The county clerk may:
1-24 (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
2-26 first anniversary of the date the financial statement is filed.
2-27 (d) [(c)] After the second anniversary of the date a person
3-1 ceases to be a county judicial officer, the county clerk or the
3-2 commission may and on notification from the former officer shall
3-3 destroy each financial statement filed by the officer.
3-4 SECTION 4. This Act takes effect September 1, 1997, and
3-5 applies only to a financial statement under Subchapter C, Chapter
3-6 159, Local Government Code, that is required to be filed on or
3-7 after that date. A financial statement under Subchapter C, Chapter
3-8 159, Local Government Code, that is required to be filed before
3-9 September 1, 1997, is governed by the law in effect at the time the
3-10 financial statement is required to be filed, and that law is
3-11 continued in effect for that purpose.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.