By Wentworth S.B. No. 339
77R740 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to financial disclosure by certain municipal officers;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 5, Local Government Code, is
1-6 amended by adding Chapter 145 to read as follows:
1-7 CHAPTER 145. FINANCIAL DISCLOSURE BY
1-8 MUNICIPAL OFFICERS
1-9 Sec. 145.001. DEFINITION. In this chapter, "municipal
1-10 officer" means the mayor, a member of the governing body, the
1-11 municipal attorney, or the city manager of a municipality.
1-12 Sec. 145.002. FINANCIAL STATEMENT REQUIRED. (a) A municipal
1-13 officer or a candidate for a municipal office filled by election
1-14 shall file a financial statement as required by this chapter.
1-15 (b) The statement must:
1-16 (1) be filed with the clerk or secretary of the
1-17 municipality in which the officer or candidate resides; and
1-18 (2) except as provided by Section 145.003, comply with
1-19 Sections 572.022 and 572.023, Government Code.
1-20 Sec. 145.003. STATEMENT PERIOD FOR CERTAIN CANDIDATES. A
1-21 financial statement filed by a person who is a candidate for a
1-22 municipal office filled by election to be held on the third
1-23 Saturday in January must include an account of the person's
1-24 financial activity and the financial activity of the person's
2-1 spouse and dependent children as required by Section 572.023(a),
2-2 Government Code, for:
2-3 (1) the current calendar year, if the filing deadline
2-4 for the statement is on or before December 31; or
2-5 (2) the preceding calendar year, if the filing
2-6 deadline for the statement is after December 31.
2-7 Sec. 145.004. FILING DATES; TIMELINESS OF FILING. (a) A
2-8 municipal officer shall file the financial statement required by
2-9 this chapter within the time prescribed by Section 572.026(a),
2-10 Government Code.
2-11 (b) A person who is appointed to a municipal office shall
2-12 file the financial statement required by this chapter within the
2-13 time prescribed by Section 572.026(c), Government Code.
2-14 (c) A candidate for a municipal office filled by election
2-15 shall file the financial statement required by this chapter not
2-16 later than the earlier of:
2-17 (1) the 20th day after the deadline for filing an
2-18 application for a place on the ballot in the election; or
2-19 (2) the fifth day before the date of the election.
2-20 (d) The timeliness of the filing is governed by Section
2-21 572.029, Government Code.
2-22 (e) A municipal officer or a person who is appointed to a
2-23 municipal office may request the clerk or secretary of the
2-24 municipality to grant an extension of not more than 60 days for
2-25 filing the statement. The clerk or secretary shall grant the
2-26 request if it is received before the filing deadline or if the
2-27 officer's physical or mental incapacity prevents the officer from
3-1 filing the statement or requesting an extension before the filing
3-2 deadline. The clerk or secretary may not grant more than one
3-3 extension to a person in one year except for good cause shown.
3-4 (f) The clerk or secretary may not grant an extension to a
3-5 candidate for a municipal office filled by election.
3-6 Sec. 145.005. PREPARATION OF FORMS. (a) The clerk or
3-7 secretary of the municipality may:
3-8 (1) design a form to be used for filing the financial
3-9 statement required by this chapter; or
3-10 (2) require that a form designed by the Texas Ethics
3-11 Commission under Chapter 572, Government Code, be used for filing
3-12 the financial statement.
3-13 (b) The clerk or secretary shall mail two copies of the form
3-14 to each person required to file under this chapter within the time
3-15 prescribed by Section 572.030(c), Government Code.
3-16 Sec. 145.006. DUPLICATE OR SUPPLEMENTAL STATEMENTS. (a)
3-17 Except as provided by Subsection (b), if a person has filed a
3-18 financial statement under one provision of this chapter covering
3-19 the preceding calendar year, the person is not required to file a
3-20 financial statement required under another provision of this
3-21 chapter covering that same year if, before the deadline for filing
3-22 the statement under the other provision, the person notifies the
3-23 clerk or secretary of the municipality in writing that the person
3-24 has already filed a financial statement under this chapter covering
3-25 that year.
3-26 (b) If a person has filed a financial statement under
3-27 Section 145.003(1) and is elected to municipal office at the
4-1 election as to which the statement was filed, the person shall file
4-2 a supplemental statement within the time prescribed by Section
4-3 572.026(a), Government Code. A supplemental statement is not
4-4 required to include any financial activity included in the
4-5 statement filed under Section 145.003(1).
4-6 Sec. 145.007. PUBLIC ACCESS TO STATEMENTS. (a) Financial
4-7 statements filed under this chapter are public records. The clerk
4-8 or secretary of the municipality shall maintain the statements in
4-9 separate alphabetical files and in a manner that is accessible to
4-10 the public during regular office hours.
4-11 (b) Until the first anniversary of the date a financial
4-12 statement is filed, each time a person, other than the clerk or
4-13 secretary of the municipality or an employee of the clerk or
4-14 secretary who is acting on official business, requests to see the
4-15 financial statement, the clerk or secretary shall place in the file
4-16 a statement of the person's name and address, whom the person
4-17 represents, and the date of the request. The clerk or secretary
4-18 shall retain that statement in the file until the first anniversary
4-19 of the date the requested financial statement is filed.
4-20 (c) The clerk or secretary of the municipality may, and on
4-21 notification from a former officer or candidate shall, destroy any
4-22 financial statements filed by the officer or candidate after the
4-23 second anniversary of the date the person ceases to be an officer
4-24 or candidate, as applicable.
4-25 Sec. 145.008. CRIMINAL PENALTY. (a) A municipal officer or
4-26 a candidate for a municipal office filled by election commits an
4-27 offense if the officer or candidate knowingly fails to file a
5-1 financial statement as required by this chapter.
5-2 (b) An offense under this section is a Class B misdemeanor.
5-3 (c) It is a defense to prosecution under this section that
5-4 the officer or candidate did not receive copies of the financial
5-5 statement form required to be mailed to the officer or candidate by
5-6 this chapter.
5-7 Sec. 145.009. CIVIL PENALTY. (a) A person who determines
5-8 that a person required to file a financial statement under this
5-9 chapter has failed to do so may notify in writing the municipal
5-10 attorney of the municipality.
5-11 (b) On receipt of a written notice under Subsection (a), the
5-12 municipal attorney shall determine from any available evidence
5-13 whether the person to whom the notice relates has failed to file a
5-14 statement. On making that determination, the municipal attorney
5-15 shall immediately mail by certified mail a notice of the
5-16 determination to the person responsible for filing the statement.
5-17 (c) If the person responsible for filing the statement fails
5-18 to file the statement before the 30th day after the date the person
5-19 receives the notice under Subsection (b), the person is civilly
5-20 liable to the municipality for an amount not to exceed $1,000.
5-21 (d) A penalty paid under this section shall be deposited to
5-22 the credit of the general fund of the municipality.
5-23 SECTION 2. Chapter 145, Local Government Code, as added by
5-24 this Act, applies beginning December 1, 2002. A municipal officer
5-25 or candidate for municipal office is not required to include
5-26 financial activity occurring before January 1, 2002, in a financial
5-27 disclosure statement under Chapter 145, Local Government Code, as
6-1 added by this Act.
6-2 SECTION 3. This Act takes effect September 1, 2001.