78S30895 MXM-D
Suspending limitations on conference committee
jurisdiction, H.B. No. 7 (Swinford/Ogden)
By: Swinford H.R. No. 344
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 78th Legislature, 3rd Called Session, 2003, That House Rule
13, Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 7, relating to the
reorganization of, efficiency in, and other reform measures
applying to governmental entities and certain regulatory
practices, to consider and take action on the following matters:
(1) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add a new article to the bill to read as
follows:
ARTICLE __. FINANCIAL DISCLOSURE FOR BOARDS OF TRUSTEES OF
CERTAIN SCHOOL DISTRICTS
SECTION __.01. Section 11.064, Education Code, as added by
Chapter 249, Acts of the 78th Legislature, Regular Session, 2003,
is amended by amending Subsections (a) and (c) and adding
Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:
(a) The board of trustees [A trustee] of an independent
school district by resolution adopted by majority vote may require
each member of the board to [with an enrollment of at least 5,000
students shall] file the financial statement required of state
officers under Subchapter B, Chapter 572, Government Code, with:
(1) the board of trustees; and
(2) the Texas Ethics Commission.
(a-1) Not later than the 15th day after the date a board of
trustees adopts a resolution under Subsection (a), the board shall
deliver a certified copy of the resolution to the Texas Ethics
Commission.
(a-2) A resolution adopted under Subsection (a) applies
beginning on January 1 of the second year following the year in
which the resolution is adopted. A member of a board of trustees
that has adopted a resolution under Subsection (a) is not required
to include, in a financial disclosure statement under this section,
financial activity occurring before January 1 of the year following
the year in which the resolution is adopted.
(a-3) The commissioner by order shall require the members of
the board of trustees of an independent school district to file the
financial statement required of state officers under Subchapter B,
Chapter 572, Government Code, in the same manner as the members of a
board of trustees that have adopted a resolution under Subsection
(a) if the commissioner determines that:
(1) a board member has failed to comply with filing and
recusal requirements applicable to the member under Chapter 171,
Local Government Code;
(2) the district financial accounting practices are
not adequate to safeguard state and district funds; or
(3) the district has not met a standard set by the
commissioner in the financial accountability rating system.
(a-4) The commissioner may require filing financial
statements under Subsection (a-3) covering not more than three
fiscal years and beginning on January 1 of the second year following
the date of the commissioner's order. A member of a board of
trustees subject to an order issued under Subsection (a-3) is not
required to include, in a financial disclosure statement subject to
this section, financial activity occurring before January 1 of the
year following the year in which the order is issued. The
commissioner may renew the requirement if the commissioner
determines that a condition described by Subsection (c) continues
to exist.
(c) A trustee serving in a school district that has adopted
a resolution under Subsection (a) or that is subject to an order
issued under Subsection (a-3) [subject to this section] commits an
offense if the trustee fails to file the statement required by the
resolution or order [this section]. An offense under this section
is a Class B misdemeanor.
SECTION __.02. Section 6.08, Chapter 249, Acts of the 78th
Legislature, Regular Session, 2003, is repealed.
SECTION __.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect on the 91st day after
the last day of the legislative session.
Explanation: It is necessary to add this article to add
changes regarding ethics issues for members of the boards of
trustees of certain independent school districts.
(2) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add a new article to the bill to read as
follows:
ARTICLE __. JUDICIAL DISTRICTS
SECTION __.01. Section 10, Chapter 1306, Acts of the 78th
Legislature, Regular Session, 2003, is amended by amending
Subsection (c) and adding Subsection (d) to read as follows:
(c) The [414th,] 415th, [419th,] 420th, 421st, and 422nd
judicial districts are created January 15, 2004 [September 1,
2005].
(d) The 414th and 419th judicial districts are created
September 1, 2005.
SECTION __.02. Section 11, Chapter 1306, Acts of the 78th
Legislature, Regular Session, 2003, is amended by amending
Subsection (c) and adding Subsection (d) to read as follows:
(c) Sections [2,] 3, [6,] 7, 8, and 9 of this Act take effect
January 15, 2004 [September 1, 2005].
(d) Sections 2 and 6 of this Act take effect September 1,
2005.
Explanation: It is necessary to add this article to revise
the effective date regarding the creation, composition, and funding
of certain judicial districts for certain counties.
(3) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add a new article to the bill to read as
follows:
ARTICLE __. SALE OR LEASE OF CERTAIN VACANT PUBLIC LAND
SECTION __.01. Section 51.178(a), Natural Resources Code,
is amended to read as follows:
(a) A person may apply for good-faith-claimant status not
later than the 90th day after:
(1) the date of a final order by the commissioner
finding that a vacancy exists [at the time an application is filed
under Section 51.176]; or
(2) the date of final judgment by a court that a
vacancy exists, if the commissioner does not find that a vacancy
exists [not later than the 60th day after the date notice of
acceptance is published as required under Section 51.179(d)].
SECTION __.02. The changes in law made by this article apply
only to a vacancy application existing or made on or after the
effective date of this Act.
Explanation: It is necessary to add this article to modify
the time frame to determine when a person may apply for
good-faith-claimant status for the sale or lease of vacant public
land.