By Armbrister S.R. No. 986
75R16958 ESH-D
R E S O L U T I O N
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.
1-24 (d) It is an exception to the application of Subsection (b)
2-1 that the political advertising sign was printed or made before
2-2 September 1, 1997, and complied with Subsection (a) as it existed
2-3 immediately before that date.
2-4 (e) In this section, "political advertising sign" means a
2-5 written form of political advertising designed to be seen from a
2-6 road but does not include a bumper sticker.
2-7 Explanation: This change is necessary to avoid conflicting
2-8 language in Section 255.007, Election Code, as amended by H.B. No.
2-9 3207 and as amended by H.B. No. 331. The house has concurred in
2-10 the senate amendments to H.B. No. 331.
2-11 (2) Senate Rule 12.03(1) is suspended to permit the
2-12 committee to amend Section 159.001, Local Government Code, to read
2-13 as follows:
2-14 Sec. 159.001. APPLICABILITY OF [COUNTY COVERED BY]
2-15 SUBCHAPTER. This subchapter applies only to a county with a
2-16 population of 100,000 [500,000] or more.
2-17 Explanation: This change is necessary to provide that
2-18 Subchapter A, Chapter 159, Local Government Code, applies to county
2-19 attorneys in counties of 100,000 or more. As amended by both the
2-20 house and senate, Subchapter A, Chapter 159, Local Government Code,
2-21 would apply to county attorneys in counties of 50,000 or more.
2-22 (3) Senate Rules 12.03(1) and (2) are suspended to permit
2-23 the committee to amend Section 159.002, Local Government Code, to
2-24 read as follows:
2-25 Sec. 159.002. DEFINITION [DEFINITIONS]. In this subchapter,
2-26 "county [:]
2-27 [(1) "Business entity" means a sole proprietorship,
3-1 partnership, firm, corporation, holding company, joint stock
3-2 company, receivership, trust, or any other entity recognized by law
3-3 through which business for profit is conducted.]
3-4 [(2) "County or district] officer" means a county
3-5 judge, county commissioner, or county attorney [, district
3-6 attorney, or criminal district attorney].
3-7 Explanation: This change is necessary because the section as
3-8 amended by the house and senate defined "business entity," which is
3-9 a term that is not used in amended Subchapter A, Chapter 159, Local
3-10 Government Code.
3-11 (4) Senate Rule 12.03(1) is suspended to permit the
3-12 committee to amend Section 159.009(d), Local Government Code
3-13 (redesignated as Section 159.004(d), Local Government Code), to
3-14 read as follows:
3-15 (d) The county clerk [auditor] may not grant an extension to
3-16 a candidate for office as a county officer [for a person required
3-17 to file under this section].
3-18 Explanation: This change is necessary to conform to amended
3-19 Section 159.003, Local Government Code, which requires only county
3-20 officers or candidates for county office to file financial
3-21 statements under Subchapter A, Chapter 159, Local Government Code,
3-22 and requires a financial statement to be filed with the county
3-23 clerk.
3-24 (5) Senate Rule 12.03(1) is suspended to permit the
3-25 committee to amend added Section 159.005, Local Government Code, to
3-26 read as follows:
3-27 Sec. 159.005. PREPARATION OF FORMS. (a) The county clerk
4-1 may:
4-2 (1) design a form to be used for filing the financial
4-3 statement required by this subchapter; or
4-4 (2) require that a form designed by the Texas Ethics
4-5 Commission under Chapter 572, Government Code, be used for filing
4-6 the financial statement.
4-7 (b) The county clerk shall mail two copies of the form to
4-8 each person required to file under this subchapter within the time
4-9 prescribed by Section 572.030(c), Government Code.
4-10 Explanation: This change is necessary to conform to amended
4-11 Section 159.003, Local Government Code, which requires a financial
4-12 statement to be filed with the county clerk.
4-13 (6) Senate Rule 12.03(1) is suspended to permit the
4-14 committee to amend Section 159.010, Local Government Code
4-15 (redesignated as Section 159.006, Local Government Code), to read
4-16 as follows:
4-17 Sec. 159.006 [159.010]. DUPLICATE STATEMENTS. If a person
4-18 has filed a financial statement under one provision of this
4-19 subchapter covering the preceding calendar year, the person is not
4-20 required to file a financial statement required under another
4-21 provision of this subchapter to cover that same year if, before the
4-22 deadline for filing the statement under the other provision, the
4-23 person notifies the county clerk [auditor] in writing that the
4-24 person has already filed a financial statement under this
4-25 subchapter to cover that year.
4-26 Explanation: This change is necessary to conform to amended
4-27 Section 159.003, Local Government Code, which requires a financial
5-1 statement to be filed with the county clerk.
5-2 (7) Senate Rule 12.03(1) is suspended to permit the
5-3 committee to amend Sections 159.013(a), (b), and (c), Local
5-4 Government Code (respectively redesignated as Sections 159.007(a),
5-5 (b), and (c), Local Government Code), to read as follows:
5-6 (a) Financial statements filed under this subchapter are
5-7 public records. The county clerk [auditor] shall maintain the
5-8 statements in separate alphabetical files and in a manner that is
5-9 accessible to the public during regular office hours.
5-10 (b) During the one-year period following the date of filing
5-11 of a financial statement, each time a person, other than the county
5-12 clerk [auditor] or an employee of the county clerk [auditor] who is
5-13 acting on official business, requests to see the financial
5-14 statement, the county clerk [auditor] shall place in the file a
5-15 statement of the person's name and address, whom the person
5-16 represents, and the date of the request. The county clerk [auditor]
5-17 shall retain that statement in the file for one year after the date
5-18 the requested financial statement is filed.
5-19 (c) The county clerk [auditor] may, and on notification from
5-20 a former officer or candidate shall, destroy any financial
5-21 statements filed by the officer or candidate two years after the
5-22 date the person ceases to be an officer or candidate, as
5-23 applicable.
5-24 Explanation: This change is necessary to conform to Section
5-25 159.003, Local Government Code, which requires a financial
5-26 statement to be filed with the county clerk.
5-27 (8) Senate Rule 12.03(1) is suspended to permit the
6-1 committee to amend Section 159.016, Local Government Code
6-2 (redesignated as Section 159.010, Local Government Code), to read
6-3 as follows:
6-4 Sec. 159.010 [159.016]. CIVIL PENALTY. (a) A person who
6-5 determines that a person required to file a financial statement
6-6 under this subchapter has failed to do so may notify in writing:
6-7 (1) the county attorney or criminal district attorney;
6-8 or
6-9 (2) the district attorney, if the person required to
6-10 file the statement is the county attorney.
6-11 (b) On receipt of a written notice under Subsection (a), the
6-12 county attorney, district attorney, or criminal district attorney
6-13 [The county auditor] shall determine from any available evidence
6-14 whether the person to whom the notice relates has failed to file a
6-15 statement [required to be filed under this subchapter is late]. On
6-16 making that determination, the county attorney, district attorney,
6-17 or criminal district attorney [auditor] shall immediately mail by
6-18 certified mail a notice of the determination to the person
6-19 responsible for filing the statement [and to the county attorney or
6-20 to the district or criminal district attorney].
6-21 (c) [(b)] If [a statement is determined to be late,] the
6-22 person responsible for filing the statement fails to file the
6-23 statement before the 30th day after the person receives the notice
6-24 under Subsection (b), the person is civilly liable to the county
6-25 for an amount not to exceed $1,000 [$100]. [The county attorney
6-26 or the district or criminal district attorney may not initiate suit
6-27 for the penalty until the 10th day after the date the notice is
7-1 mailed under this section. If the penalty is paid before the 10th
7-2 day after the mailing, the county auditor shall notify the county
7-3 attorney or the district or criminal district attorney, and the
7-4 civil suit under this section may not be initiated.]
7-5 (d) [(c)] A penalty paid under this section shall be
7-6 deposited to the credit of the general fund of the county.
7-7 (e) [(d)] This section is cumulative of any other available
7-8 sanctions for late filings of statements.
7-9 Explanation: This change is necessary to conform to amended
7-10 Section 159.003, Local Government Code, which requires only county
7-11 officers or candidates for county office to file financial
7-12 statements under Subchapter A, Chapter 159, Local Government Code.
7-13 (9) Senate Rule 12.03(2) is suspended to permit the
7-14 committee to omit SECTION 16 of the bill, repealing Section
7-15 159.031, Local Government Code.
7-16 Explanation: This change is necessary to retain current law,
7-17 which provides that Subchapter B, Chapter 159, Local Government
7-18 Code, applies only to a county with a population of 125,000 or
7-19 more.