By Madden H.B. No. 1422
76R799 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disclosure of contracts between candidates for or
1-3 holders of certain public offices and governmental entities;
1-4 providing civil and criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 572, Government Code, is
1-7 amended by adding Section 572.0231 to read as follows:
1-8 Sec. 572.0231. INFORMATION ABOUT CONTRACTS WITH GOVERNMENT
1-9 ENTITIES. (a) A financial statement under this subchapter must
1-10 include the identification and amount of any executory contract
1-11 between the individual required to file the statement, or a
1-12 business entity in which the individual has a substantial interest,
1-13 and:
1-14 (1) a state agency, if the individual is the secretary
1-15 of state or an elected officer other than a district judge, a
1-16 district attorney, or criminal district attorney or is a candidate
1-17 for an elective office described by this subdivision;
1-18 (2) a state agency or the county in which the
1-19 individual serves, if the individual is a district judge, a
1-20 district attorney, or criminal district attorney or is a candidate
1-21 for an office described by this subdivision; or
1-22 (3) the state agency of which the individual is an
1-23 officer, if the individual is a state officer other than an officer
1-24 described by Subdivision (1) or (2).
2-1 (b) For purposes of this section, an individual does not
2-2 have a substantial interest in a business entity if the individual
2-3 is an employee of the business entity.
2-4 SECTION 2. Chapter 601, Government Code, is amended by
2-5 adding Section 601.009 to read as follows:
2-6 Sec. 601.009. STATEMENT CONCERNING CONTRACTS WITH POLITICAL
2-7 SUBDIVISION. (a) In this section:
2-8 (1) "Business entity" has the meaning assigned by
2-9 Section 572.002.
2-10 (2) "Elective office" means any elective public office
2-11 other than:
2-12 (A) an office to which Subchapter B, Chapter
2-13 572, applies; or
2-14 (B) an office to which Subchapter A or C,
2-15 Chapter 159, Local Government Code, applies.
2-16 (3) "Substantial interest" means a substantial
2-17 interest as determined under Sections 572.005 and 572.0231(b).
2-18 (b) A person who holds or is a candidate for an elective
2-19 office shall file a sworn statement that:
2-20 (1) identifies and states the amount of any executory
2-21 contract between:
2-22 (A) the person or a business entity in which the
2-23 person has a substantial interest; and
2-24 (B) the political subdivision served by the
2-25 office held or sought by the person; or
2-26 (2) states that neither the person nor a business
2-27 entity in which the person has a substantial interest is a party to
3-1 a contract described by Subdivision (1).
3-2 (c) The statement must be on a form prescribed by the Texas
3-3 Ethics Commission and must be filed with the authority with whom a
3-4 candidate for the office held or sought is required to file a
3-5 campaign treasurer appointment under Chapter 252, Election Code. An
3-6 officeholder shall file the statement within the time prescribed by
3-7 Section 572.026. A candidate shall file the statement within the
3-8 time prescribed by Section 572.027. The timeliness of the filing is
3-9 determined by Section 572.029.
3-10 (d) A statement filed under this section is a public record.
3-11 The authority with whom a statement is filed shall maintain the
3-12 statement in a manner that is accessible to the public during
3-13 regular business hours.
3-14 (e) If a statement required under this section is determined
3-15 to be late, the person responsible for filing the statement is
3-16 civilly liable to the political subdivision of which the office
3-17 held or sought is part for an amount not to exceed $1,000. The
3-18 county attorney or the district or criminal district attorney with
3-19 civil jurisdiction may not initiate suit for the penalty until the
3-20 10th day after the date a notice concerning the late statement is
3-21 mailed to the person. If the person files the statement before the
3-22 10th day after the date the notice is mailed, the authority with
3-23 whom the report is filed shall notify the county attorney or the
3-24 district or criminal district attorney, and the civil suit under
3-25 this subsection may not be initiated.
3-26 (f) A person required to file a statement under this section
3-27 commits an offense if the person knowingly fails to file the
4-1 statement. An offense under this subsection is a Class B
4-2 misdemeanor.
4-3 SECTION 3. Section 159.003(b), Local Government Code, is
4-4 amended to read as follows:
4-5 (b) The statement must:
4-6 (1) be filed with the county clerk of the county in
4-7 which the officer or candidate resides; and
4-8 (2) comply with Sections 572.022, [and] 572.023, and
4-9 572.0231, Government Code.
4-10 SECTION 4. Section 159.052(a), Local Government Code, is
4-11 amended to read as follows:
4-12 (a) A county judicial officer or a candidate for office as a
4-13 county judicial officer shall file with the county clerk or the
4-14 commission a financial statement that complies with Sections
4-15 572.022, [and] 572.023, and 572.0231, Government Code.
4-16 SECTION 5. This Act takes effect September 1, 1999.
4-17 SECTION 6. (a) Section 572.0231, Government Code, as added
4-18 by this Act, and Sections 159.003(b) and 159.052(a), Local
4-19 Government Code, as amended by this Act, apply only to:
4-20 (1) a report required to be filed under Subchapter B,
4-21 Chapter 572, Government Code, or Subchapter A or C, Chapter 159,
4-22 Local Government Code, as applicable, on or after September 1,
4-23 1999; and
4-24 (2) a contract entered into on or after September 1,
4-25 1999.
4-26 (b) Section 601.009, Government Code, as added by this Act,
4-27 applies only to a contract entered into on or after September 1,
5-1 1999.
5-2 SECTION 7. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.