By Krusee                                              H.B. No. 497
         76R1045 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to personal financial disclosure by certain county
 1-3     officers and candidates.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 159.002, Local Government Code, is
 1-6     amended to read as follows:
 1-7           Sec. 159.002.  DEFINITIONS [DEFINITION].  In this subchapter:
 1-8                 (1)  "County judicial officer" means the judge of a
 1-9     statutory county court or statutory probate court.
1-10                 (2)  "County [, "county] officer" means a county judge,
1-11     county commissioner, [or] county attorney, or county  judicial
1-12     officer.
1-13           SECTION 2.  Section 159.003, Local Government Code, is
1-14     amended by amending Subsection (b) and adding Subsection (c) to
1-15     read as follows:
1-16           (b)  The statement must:
1-17                 (1)  except as provided by Subsection (c), be filed
1-18     with the county clerk of the county in which the officer or
1-19     candidate resides; and
1-20                 (2)  comply with Sections 572.022 and 572.023,
1-21     Government Code.
1-22           (c)  A county judicial officer or candidate may file a
1-23     financial statement with the Texas Ethics Commission in lieu of
1-24     filing with the  county clerk. A person who files a financial
 2-1     statement with the commission under this subsection shall file with
 2-2     the county clerk a document stating that the person is filing the
 2-3     financial statement with the commission.  The document must be
 2-4     filed by the deadline for filing the financial statement.
 2-5           SECTION 3.  Section 159.007, Local Government Code, is
 2-6     amended to read as follows:
 2-7           Sec. 159.007.  PUBLIC ACCESS TO STATEMENTS.  (a)  Except as
 2-8     provided by Subsection (b), financial [Financial]  statements filed
 2-9     under this subchapter and documents filed under Section 159.003(c)
2-10     are public records.  The county clerk or the Texas  Ethics
2-11     Commission shall maintain the statements or documents in separate
2-12     alphabetical files and in a manner that is accessible to the
2-13     public during regular office hours.
2-14           (b)  On the written request of a county judicial officer or
2-15     candidate, the county clerk or the commission shall remove the
2-16     names of  the officer's or candidate's dependent children from the
2-17     officer's or candidate's financial statement before the statement
2-18     is made available to a member of the public.
2-19           (c)  During the one-year period following the date of filing
2-20     of a financial statement, each time a person, other than the county
2-21     clerk or an employee of the county clerk or the commission who is
2-22     acting on official business, requests to see the financial
2-23     statement, the  county clerk or the commission shall place in the
2-24     file a statement of the person's name and address, whom the person
2-25     represents, and the date  of the request.  The county clerk or the
2-26     commission shall retain that statement in the file for one year
2-27     after the date the requested financial  statement is filed.
 3-1           (d) [(c)]  The county clerk or the commission may, and on
 3-2     notification from a former officer or candidate shall, destroy any
 3-3     financial statements  filed by the officer or candidate two years
 3-4     after the date the person ceases to be an officer or candidate, as
 3-5     applicable.
 3-6           SECTION 4.  Section 571.061(a), Government Code, is amended
 3-7     to read as follows:
 3-8           (a)  The commission shall administer and enforce:
 3-9                 (1)  Chapters 302, 303, 305, 572, and 2004;
3-10                 (2)  Subchapter A [C], Chapter 159, Local Government
3-11     Code,  in connection with a county judicial officer, as defined by
3-12     Section 159.002 [159.051], Local Government Code, who elects to
3-13     file a financial statement with the commission; and
3-14                 (3)  Title 15, Election Code.
3-15           SECTION 5.  Section 571.091(a), Government Code, as amended
3-16     by Chapters 506, 507, and 1154, Acts of the 75th Legislature,
3-17     Regular Session, 1997, is reenacted and amended to read as follows:
3-18           (a)  The commission shall prepare a written opinion answering
3-19     the request of a person subject to any of the following laws for an
3-20     opinion about the application of any of these laws to the person in
3-21     regard to a specified existing or hypothetical factual situation:
3-22                 (1)  Chapter 302;
3-23                 (2)  Chapter 303;
3-24                 (3)  Chapter 305;
3-25                 (4)  Chapter 572;
3-26                 (5) [(4)]  Chapter 2004;
3-27                 (6) [(4)]  Subchapter A [C], Chapter 159, Local
 4-1     Government Code, as provided by Section 571.061(a)(2);
 4-2                 (7) [(5)]  Title 15, Election Code;
 4-3                 (8) [(6)]  Chapter 36, Penal Code; or
 4-4                 (9) [(7)]  Chapter 39, Penal Code.
 4-5           SECTION 6.  Section 159.001, Local Government Code, and
 4-6     Subchapter C, Chapter 159, Local Government Code, are repealed.
 4-7           SECTION 7.  (a)  This Act takes effect September 1, 1999, and
 4-8     applies only to a financial statement under Subchapter A, Chapter
 4-9     159, Local Government Code, that is required to be filed on or
4-10     after that date. A financial statement under Subchapter A or C,
4-11     Chapter 159, Local Government Code, that is required to be filed
4-12     before September 1, 1999, is governed by the law in effect at the
4-13     time the financial statement is required to be filed, and that law
4-14     is continued in effect for that purpose.
4-15           (b)  The repeal by this Act of Section 159.056, Local
4-16     Government Code, does not apply to an offense committed under that
4-17     section before September 1, 1999.  For the purposes of this
4-18     section, an offense is committed before September 1, 1999, if any
4-19     element of the offense occurs before the effective date. An offense
4-20     committed before September 1, 1999, is covered by the law in effect
4-21     when the offense was committed, and the former law is continued in
4-22     effect for that purpose.
4-23           SECTION 8.  (a)  In addition to the substantive changes made
4-24     by this Act, this Act conforms Section 571.091(a), Government Code,
4-25     to Chapters 506, 507, and 1134, Acts of the 75th Legislature,
4-26     Regular Session, 1997.
4-27           (b)  To the extent of any conflict, this Act prevails over
 5-1     another Act of the 76th Legislature, Regular Session, 1999,
 5-2     relating to nonsubstantive additions to and corrections in enacted
 5-3     codes.
 5-4           SECTION 9.  The importance of this legislation and the
 5-5     crowded condition of the calendars in both houses create an
 5-6     emergency and an imperative public necessity that the
 5-7     constitutional rule requiring bills to be read on three several
 5-8     days in each house be suspended, and this rule is hereby suspended.