By: Armbrister S.R. No. 986
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 3207 to consider and take action on the following:
1-6 (1) Senate Rule 12.03(1) is suspended to permit the
1-7 committee to amend Section 255.007, Election Code, to read as
1-8 follows:
1-9 Sec. 255.007. NOTICE REQUIREMENT ON POLITICAL ADVERTISING
1-10 SIGNS. (a) The following notice must be written on each political
1-11 advertising sign:
1-12 "NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND
1-13 393, TRANSPORTATION CODE) [(ARTICLE 2372cc, VERNON'S TEXAS CIVIL
1-14 STATUTES, AND ARTICLE 6674v-7, REVISED STATUTES)], TO PLACE THIS
1-15 SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY."
1-16 (b) A person commits an offense if the person:
1-17 (1) knowingly enters into a contract to print or make
1-18 a political advertising sign that does not contain the notice
1-19 required by Subsection (a); or
1-20 (2) instructs another person to place a political
1-21 advertising sign that does not contain the notice required by
1-22 Subsection (a).
1-23 (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 House
2-10 Bill No. 3207 and as amended by House Bill No. 331. The house has
2-11 concurred in the senate amendments to House Bill No. 331.
2-12 (2) Senate Rule 12.03(1) is suspended to permit the
2-13 committee to amend Section 159.001, Local Government Code, to read
2-14 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) Senate Rules 12.03(1) and (2) are suspended to permit
2-24 the committee to amend Section 159.002, Local Government Code, to
2-25 read as follows:
3-1 Sec. 159.002. DEFINITION [DEFINITIONS]. In this subchapter,
3-2 "county [:]
3-3 [(1) "Business entity" means a sole proprietorship,
3-4 partnership, firm, corporation, holding company, joint stock
3-5 company, receivership, trust, or any other entity recognized by law
3-6 through which business for profit is conducted.]
3-7 [(2) "County or district] officer" means a county
3-8 judge, county commissioner, or county attorney [, district
3-9 attorney, or criminal district attorney].
3-10 Explanation: This change is necessary because the section as
3-11 amended by the house and senate defined "business entity," which is
3-12 a term that is not used in amended Subchapter A, Chapter 159, Local
3-13 Government Code.
3-14 (4) Senate Rule 12.03(1) is suspended to permit the
3-15 committee to amend Subsection (d), Section 159.009, Local
3-16 Government Code (redesignated as Subsection (d), Section 159.004,
3-17 Local Government Code), to read as follows:
3-18 (d) The county clerk [auditor] may not grant an extension to
3-19 a candidate for office as a county officer [for a person required
3-20 to file under this section].
3-21 Explanation: This change is necessary to conform to amended
3-22 Section 159.003, Local Government Code, which requires only county
3-23 officers or candidates for county office to file financial
3-24 statements under Subchapter A, Chapter 159, Local Government Code,
3-25 and requires a financial statement to be filed with the county
4-1 clerk.
4-2 (5) Senate Rule 12.03(1) is suspended to permit the
4-3 committee to amend added Section 159.005, Local Government Code, to
4-4 read as follows:
4-5 Sec. 159.005. PREPARATION OF FORMS. (a) The county clerk
4-6 may:
4-7 (1) design a form to be used for filing the financial
4-8 statement required by this subchapter; or
4-9 (2) require that a form designed by the Texas Ethics
4-10 Commission under Chapter 572, Government Code, be used for filing
4-11 the financial statement.
4-12 (b) The county clerk shall mail two copies of the form to
4-13 each person required to file under this subchapter within the time
4-14 prescribed by Section 572.030(c), Government Code.
4-15 Explanation: This change is necessary to conform to amended
4-16 Section 159.003, Local Government Code, which requires a financial
4-17 statement to be filed with the county clerk.
4-18 (6) Senate Rule 12.03(1) is suspended to permit the
4-19 committee to amend Section 159.010, Local Government Code
4-20 (redesignated as Section 159.006, Local Government Code), to read
4-21 as follows:
4-22 Sec. 159.006 [159.010]. DUPLICATE STATEMENTS. If a person
4-23 has filed a financial statement under one provision of this
4-24 subchapter covering the preceding calendar year, the person is not
4-25 required to file a financial statement required under another
5-1 provision of this subchapter to cover that same year if, before the
5-2 deadline for filing the statement under the other provision, the
5-3 person notifies the county clerk [auditor] in writing that the
5-4 person has already filed a financial statement under this
5-5 subchapter to cover that year.
5-6 Explanation: This change is necessary to conform to amended
5-7 Section 159.003, Local Government Code, which requires a financial
5-8 statement to be filed with the county clerk.
5-9 (7) Senate Rule 12.03(1) is suspended to permit the
5-10 committee to amend Subsections (a), (b), and (c), Section 159.013,
5-11 Local Government Code (respectively redesignated as Subsections
5-12 (a), (b), and (c), Section 159.007, Local Government Code), to read
5-13 as follows:
5-14 (a) Financial statements filed under this subchapter are
5-15 public records. The county clerk [auditor] shall maintain the
5-16 statements in separate alphabetical files and in a manner that is
5-17 accessible to the public during regular office hours.
5-18 (b) During the one-year period following the date of filing
5-19 of a financial statement, each time a person, other than the county
5-20 clerk [auditor] or an employee of the county clerk [auditor] who is
5-21 acting on official business, requests to see the financial
5-22 statement, the county clerk [auditor] shall place in the file a
5-23 statement of the person's name and address, whom the person
5-24 represents, and the date of the request. The county clerk
5-25 [auditor] shall retain that statement in the file for one year
6-1 after the date the requested financial statement is filed.
6-2 (c) The county clerk [auditor] may, and on notification from
6-3 a former officer or candidate shall, destroy any financial
6-4 statements filed by the officer or candidate two years after the
6-5 date the person ceases to be an officer or candidate, as
6-6 applicable.
6-7 Explanation: This change is necessary to conform to Section
6-8 159.003, Local Government Code, which requires a financial
6-9 statement to be filed with the county clerk.
6-10 (8) Senate Rule 12.03(1) is suspended to permit the
6-11 committee to amend Section 159.016, Local Government Code
6-12 (redesignated as Section 159.010, Local Government Code), to read
6-13 as follows:
6-14 Sec. 159.010 [159.016]. CIVIL PENALTY. (a) A person who
6-15 determines that a person required to file a financial statement
6-16 under this subchapter has failed to do so may notify in writing:
6-17 (1) the county attorney or criminal district attorney;
6-18 or
6-19 (2) the district attorney, if the person required to
6-20 file the statement is the county attorney.
6-21 (b) On receipt of a written notice under Subsection (a), the
6-22 county attorney, district attorney, or criminal district attorney
6-23 [The county auditor] shall determine from any available evidence
6-24 whether the person to whom the notice relates has failed to file a
6-25 statement [required to be filed under this subchapter is late]. On
7-1 making that determination, the county attorney, district attorney,
7-2 or criminal district attorney [auditor] shall immediately mail by
7-3 certified mail a notice of the determination to the person
7-4 responsible for filing the statement [and to the county attorney or
7-5 to the district or criminal district attorney].
7-6 (c) [(b)] If [a statement is determined to be late,] the
7-7 person responsible for filing the statement fails to file the
7-8 statement before the 30th day after the person receives the notice
7-9 under Subsection (b), the person is civilly liable to the county
7-10 for an amount not to exceed $1,000 [$100]. [The county attorney or
7-11 the district or criminal district attorney may not initiate suit
7-12 for the penalty until the 10th day after the date the notice is
7-13 mailed under this section. If the penalty is paid before the 10th
7-14 day after the mailing, the county auditor shall notify the county
7-15 attorney or the district or criminal district attorney, and the
7-16 civil suit under this section may not be initiated.]
7-17 (d) [(c)] A penalty paid under this section shall be
7-18 deposited to the credit of the general fund of the county.
7-19 (e) [(d)] This section is cumulative of any other available
7-20 sanctions for late filings of statements.
7-21 Explanation: This change is necessary to conform to amended
7-22 Section 159.003, Local Government Code, which requires only county
7-23 officers or candidates for county office to file financial
7-24 statements under Subchapter A, Chapter 159, Local Government Code.
7-25 (9) Senate Rule 12.03(2) is suspended to permit the
8-1 committee to omit SECTION 16 of the bill, repealing Section
8-2 159.031, Local Government Code.
8-3 Explanation: This change is necessary to retain current law,
8-4 which provides that Subchapter B, Chapter 159, Local Government
8-5 Code, applies only to a county with a population of 125,000 or
8-6 more.
8-7 ______________________________________
8-8 President of the Senate
8-9 I hereby certify that the above
8-10 Resolution was adopted by the Senate
8-11 on May 31, 1997, by the following vote:
8-12 Yeas 30, Nays 0.
8-13 ______________________________________
8-14 Secretary of the Senate