1-1 By: Haywood S.B. No. 73
1-2 (In the Senate - Filed November 12, 1996; January 14, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 4, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; April 4, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 73 By: Gallegos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to financial statements filed by judges of statutory
1-11 county courts and statutory probate courts.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 159.051 and 159.052, Local Government
1-14 Code, are amended to read as follows:
1-15 Sec. 159.051. DEFINITIONS [DEFINITION]. In this subchapter:
1-16 (1) "Commission" means the Texas Ethics Commission.
1-17 (2) "County [, "county] judicial officer" means the
1-18 judge of a statutory county court or statutory probate court.
1-19 Sec. 159.052. FILING REQUIREMENT. (a) A county judicial
1-20 officer or a candidate for office as a county judicial officer
1-21 shall file with the county clerk or the commission a financial
1-22 statement that complies with Sections 572.022 and 572.023,
1-23 Government Code.
1-24 (b) A county judicial officer or candidate who files a
1-25 financial statement with the commission shall file with the county
1-26 clerk a document stating that the officer or candidate is filing
1-27 the financial statement with the commission. The document must be
1-28 filed by the deadline for filing the financial statement.
1-29 SECTION 2. Subsection (a), Section 159.054, Local Government
1-30 Code, is amended to read as follows:
1-31 (a) The county clerk may:
1-32 (1) design a form to be used for filing the financial
1-33 statement required by this subchapter; or
1-34 (2) require that a form designed by the commission
1-35 [Texas Ethics Commission] under Chapter 572, Government Code, be
1-36 used for filing the financial statement.
1-37 SECTION 3. Section 159.055, Local Government Code, is
1-38 amended to read as follows:
1-39 Sec. 159.055. PUBLIC ACCESS TO STATEMENTS. (a) Except as
1-40 provided by Subsection (b), a [A] financial statement filed under
1-41 this subchapter or a document filed under Section 159.052(b) is a
1-42 public record. The county clerk or the commission shall maintain
1-43 the financial statements or documents in a manner that is
1-44 accessible to the public during regular business hours.
1-45 (b) On the written request of a county judicial officer or
1-46 candidate, the county clerk or the commission shall remove the
1-47 names of the officer's or candidate's dependent children from the
1-48 officer's or candidate's financial statement before the statement
1-49 is made available to a member of the public.
1-50 (c) Until the first anniversary of the date a financial
1-51 statement is filed, each time a person requests to see the
1-52 financial statement, excluding the county clerk or an employee of
1-53 the county clerk or the commission, acting on official business,
1-54 the county clerk or the commission shall place in the file a
1-55 statement of the person's name and address, whom the person
1-56 represents, and the date of the request. The county clerk or the
1-57 commission shall maintain that statement in the file until the
1-58 first anniversary of the date the financial statement is filed.
1-59 (d) [(c)] After the second anniversary of the date a person
1-60 ceases to be a county judicial officer, the county clerk or the
1-61 commission may and on notification from the former officer shall
1-62 destroy each financial statement filed by the officer.
1-63 SECTION 4. Subsection (b), Section 571.030, Government Code,
1-64 is amended to read as follows:
2-1 (b) Money in the fund may be appropriated only to the
2-2 commission to administer and enforce:
2-3 (1) this chapter;
2-4 (2) Chapters 302, 305, and 572; [and]
2-5 (3) Subchapter C, Chapter 159, Local Government Code,
2-6 as provided by Section 571.061(a)(2); and
2-7 (4) Title 15, Election Code.
2-8 SECTION 5. Subsection (a), Section 571.061, Government Code,
2-9 is amended to read as follows:
2-10 (a) The commission shall administer and enforce:
2-11 (1) Chapters 302, 305, and 572; [and]
2-12 (2) Subchapter C, Chapter 159, Local Government Code,
2-13 in connection with a county judicial officer, as defined by Section
2-14 159.051, Local Government Code, who elects to file a financial
2-15 statement with the commission; and
2-16 (3) Title 15, Election Code.
2-17 SECTION 6. Subsection (a), Section 571.091, Government Code,
2-18 is amended to read as follows:
2-19 (a) The commission shall prepare a written opinion answering
2-20 the request of a person subject to any of the following laws for an
2-21 opinion about the application of any of these laws to the person in
2-22 regard to a specified existing or hypothetical factual situation:
2-23 (1) Chapter 302;
2-24 (2) Chapter 305;
2-25 (3) Chapter 572;
2-26 (4) Subchapter C, Chapter 159, Local Government Code,
2-27 as provided by Section 571.061(a)(2);
2-28 (5) Title 15, Election Code;
2-29 (6) [(5)] Chapter 36, Penal Code; or
2-30 (7) [(6)] Chapter 39, Penal Code.
2-31 SECTION 7. This Act takes effect September 1, 1997, and
2-32 applies only to a financial statement under Subchapter C, Chapter
2-33 159, Local Government Code, that is required to be filed on or
2-34 after that date. A financial statement under Subchapter C, Chapter
2-35 159, Local Government Code, that is required to be filed before
2-36 September 1, 1997, is governed by the law in effect at the time the
2-37 financial statement is required to be filed, and that law is
2-38 continued in effect for that purpose.
2-39 SECTION 8. The importance of this legislation and the
2-40 crowded condition of the calendars in both houses create an
2-41 emergency and an imperative public necessity that the
2-42 constitutional rule requiring bills to be read on three several
2-43 days in each house be suspended, and this rule is hereby suspended.
2-44 * * * * *