By Madden H.B. No. 2694
77R8938 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 GOVERNMENTAL
1-9 ENTITIES. (a) A financial statement under this subchapter must
1-10 include the identification and amount of any contract entered into
1-11 during the period covered by the statement between the individual
1-12 required to file the statement, or a business entity in which the
1-13 individual has a substantial interest, and:
1-14 (1) a state agency, if the individual is:
1-15 (A) the secretary of state or an elected officer
1-16 other than a district judge, district attorney, or criminal
1-17 district attorney; or
1-18 (B) a candidate for an elective office described
1-19 by Paragraph (A);
1-20 (2) a state agency or the county in which the
1-21 individual serves, if the individual is:
1-22 (A) a district judge, district attorney, or
1-23 criminal district attorney; or
1-24 (B) a candidate for an office described by
2-1 Paragraph (A); or
2-2 (3) the state agency of which the individual is an
2-3 officer, if the individual is a state officer other than an officer
2-4 described by Subdivision (1) or (2).
2-5 (b) Sections 572.005(3) and (7) do not apply in determining
2-6 whether, for purposes of this section, an individual has a
2-7 substantial interest in a business entity.
2-8 SECTION 2. Sections 601.001-601.008, Government Code, are
2-9 redesignated as Subchapter A, Chapter 601, Government Code, and a
2-10 heading is added to that subchapter to read as follows:
2-11 SUBCHAPTER A. GENERAL PROVISIONS
2-12 SECTION 3. Chapter 601, Government Code, is amended by
2-13 adding Subchapter B to read as follows:
2-14 SUBCHAPTER B. STATEMENT CONCERNING CONTRACTS
2-15 WITH POLITICAL SUBDIVISION
2-16 Sec. 601.051. DEFINITIONS. In this subchapter:
2-17 (1) "Business entity" has the meaning assigned by
2-18 Section 572.002.
2-19 (2) "Elective office" means any elective public office
2-20 other than:
2-21 (A) an office to which Subchapter B, Chapter
2-22 572, applies; or
2-23 (B) an office to which Subchapter A or C,
2-24 Chapter 159, Local Government Code, applies.
2-25 (3) "Substantial interest" means a substantial
2-26 interest as determined under Sections 572.005 and 572.0231(b).
2-27 Sec. 601.052. STATEMENT REQUIRED. A person who holds or is a
3-1 candidate for an elective office shall file a sworn statement that:
3-2 (1) identifies and states the amount of any contract
3-3 entered into in the preceding calendar year between:
3-4 (A) the person or a business entity in which the
3-5 person has a substantial interest; and
3-6 (B) the political subdivision served by the
3-7 office held or sought by the person; or
3-8 (2) states that neither the person nor a business
3-9 entity in which the person has a substantial interest is a party to
3-10 a contract described by Subdivision (1).
3-11 Sec. 601.053. FORM; AUTHORITY WITH WHOM FILED. (a) The
3-12 statement required by this subchapter must be on a form prescribed
3-13 by the Texas Ethics Commission.
3-14 (b) The statement required by this subchapter must be filed
3-15 with the authority with whom a candidate for the office held or
3-16 sought is required to file a campaign treasurer appointment under
3-17 Chapter 252, Election Code.
3-18 Sec. 601.054. FILING DATES; TIMELINESS OF FILING. (a) An
3-19 officeholder shall file the statement required by this subchapter
3-20 within the time prescribed by Section 572.026(a).
3-21 (b) A person appointed to fill a vacancy in an elective
3-22 office shall file the statement required by this subchapter within
3-23 the time prescribed by Section 572.026(c).
3-24 (c) A candidate shall file the statement required by this
3-25 subchapter not later than the earlier of:
3-26 (1) the 20th day after the deadline for filing an
3-27 application for a place on the ballot in the election; or
4-1 (2) the fifth day before the date of the election.
4-2 (d) The timeliness of the filing is determined by Section
4-3 572.029.
4-4 Sec. 601.055. PUBLIC ACCESS TO STATEMENTS. A statement filed
4-5 under this subchapter is a public record. The authority with whom
4-6 a statement is filed shall maintain the statement in a manner that
4-7 is accessible to the public during regular business hours.
4-8 Sec. 601.056. CIVIL PENALTY. (a) If a statement required by
4-9 this subchapter is determined to be late, the person responsible
4-10 for filing the statement is civilly liable to the political
4-11 subdivision of which the office held or sought is part for an
4-12 amount not to exceed $1,000.
4-13 (b) The county attorney or the district or criminal district
4-14 attorney with civil jurisdiction may not initiate suit for the
4-15 penalty until the 10th day after the date a notice concerning the
4-16 late statement is mailed to the person. If the person files the
4-17 statement before the 10th day after the date the notice is mailed,
4-18 the authority with whom the report is filed shall notify the county
4-19 attorney or the district or criminal district attorney, and the
4-20 civil suit under this section may not be initiated.
4-21 Sec. 601.057. CRIMINAL PENALTY. (a) A person required to
4-22 file a statement required by this subchapter commits an offense if
4-23 the person knowingly fails to file the statement.
4-24 (b) An offense under this section is a Class B misdemeanor.
4-25 SECTION 4. Section 159.003(b), Local Government Code, is
4-26 amended to read as follows:
4-27 (b) The statement must:
5-1 (1) be filed with the county clerk of the county in
5-2 which the officer or candidate resides; and
5-3 (2) comply with Sections 572.022, [and] 572.023, and
5-4 572.0231, Government Code.
5-5 SECTION 5. Section 159.052(a), Local Government Code, is
5-6 amended to read as follows:
5-7 (a) A county judicial officer or a candidate for office as a
5-8 county judicial officer shall file with the county clerk or the
5-9 commission a financial statement that complies with Sections
5-10 572.022, [and] 572.023, and 572.0231, Government Code.
5-11 SECTION 6. (a) Section 572.0231, Government Code, as added
5-12 by this Act, and Sections 159.003(b) and 159.052(a), Local
5-13 Government Code, as amended by this Act, apply only to:
5-14 (1) a report required to be filed under Subchapter B,
5-15 Chapter 572, Government Code, or Subchapter A or C, Chapter 159,
5-16 Local Government Code, as applicable, on or after September 1,
5-17 2001; and
5-18 (2) a contract entered into on or after September 1,
5-19 2001.
5-20 (b) Subchapter B, Chapter 601, Government Code, as added by
5-21 this Act, applies only to a contract entered into on or after
5-22 September 1, 2001.
5-23 SECTION 7. This Act takes effect September 1, 2001.