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Amend CSHB 3021 by striking all below the enacting clause and
substituting the following:
SECTION 1. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 176 to read as follows:
CHAPTER 176. DISCLOSURE OF CERTAIN RELATIONSHIPS WITH LOCAL
GOVERNMENT OFFICERS
Sec. 176.001. APPLICABILITY OF CHAPTER. This chapter
applies only to:
(1) a county with a population of 3.3 million or more;
(2) a municipality with a population of 1.6 million or
more; and
(3) a local governmental entity that is appointed by a
county or municipality described by this section.
Sec. 176.002. DEFINITIONS. In this chapter:
(1) "Family member" means a person related to another
person within the first degree by consanguinity or affinity, as
described by Subchapter B, Chapter 573, Government Code.
(2) "Local governmental entity" means a local
government corporation, board, commission, district, or authority
to which a member is appointed by the commissioners court of a
county, the mayor of a municipality, or the governing body of a
municipality.
(3) "Local government officer" means:
(A) a county judge;
(B) a county commissioner;
(C) a mayor;
(D) a municipal attorney;
(E) a member of the governing body of a
municipality;
(F) a city manager of a municipality; and
(G) any member of a local governmental entity
appointed by the commissioners court of a county, a mayor, or the
governing body of a municipality.
Sec. 176.003. APPLICABILITY TO CERTAIN VENDORS AND OTHER
PERSONS. (a) This chapter applies to a person who:
(1) contracts or seeks to contract for the sale or
purchase of property, goods, or services with a county,
municipality, or local governmental entity; or
(2) seeks the approval of a plat or permit with the
commissioners court of a county, the governing body of a
municipality, or a local governmental entity.
(b) A person is not subject to this chapter under Subsection
(a) if the person is:
(1) a state, a political subdivision of a state, the
federal government, or a foreign government; or
(2) an employee of an entity described by Subdivision
(1), acting in the employee's official capacity.
Sec. 176.004. CONFLICTS DISCLOSURE STATEMENT. (a) The
commissioners court of a county or the governing body of a
municipality shall adopt a conflicts disclosure statement for local
government officers of the county or municipality or the local
governmental entity to which the commissioners court of the county,
mayor of the municipality, or governing body of the municipality
appoints a member. The conflicts disclosure statement must
include:
(1) a requirement that each local government officer
disclose:
(A) an employment or other business relationship
of the local government officer or a family member of the local
government officer with a person described by Section 176.003(a)
that results in the local government officer receiving taxable
income, including the nature and extent of the relationship; and
(B) gifts received by the local government
officer and any family member of the local government officer from a
person described by Section 176.003(a) in the 12-month period
before the date of the statement that have a total value of more
than $250;
(2) an acknowledgment from the local government
officer that:
(A) the disclosure applies to a family member of
the local government officer; and
(B) the statement covers the 12-month period
before the date of the statement; and
(3) the signature of the local government officer
acknowledging that the statement is made under oath under penalty
of perjury.
(b) A local government officer shall file a conflicts
disclosure statement with the custodian of the records of the
governing body of the county, municipality, or local governmental
entity not later than 5 p.m. on the first business day on which the
local government officer becomes aware of the relationship between
the county, municipality, or local governmental entity and the
person described by Section 176.003(a) if:
(1) the person has contracted with the county,
municipality, or local governmental entity;
(2) the county, municipality, or local governmental
entity is considering doing business with the person; or
(3) the person has offered one or more gifts that have
a total value of more than $250 to that local government officer or
a family member of the local government officer in the 12-month
period preceding the date the local government officer becomes
aware of the relationship between the county, municipality, or
local governmental entity and the person.
(c) If the governing board of a local governmental entity is
appointed by both the commissioners court of a county and the mayor
or governing body of a municipality, the local government officers
of the local governmental entity shall use the conflicts disclosure
statement adopted by the commissioners court.
(d) A person commits an offense if the person is a local
government officer and the person fails to file the conflicts
disclosure statement as required by Subsection (b). An offense
under this subsection is a Class B misdemeanor.
(e) A county or municipality may extend the requirements of
this section to all or a group of the employees of the county or
municipality or of a local governmental entity of the county or
municipality. A county, municipality, or local governmental entity
may reprimand, suspend, or terminate an employee who fails to
comply with a requirement adopted under this section.
Sec. 176.005. DISCLOSURE REQUIREMENTS FOR VENDORS AND OTHER
PERSONS; QUESTIONNAIRE. (a) This section applies only to a person
described by Section 176.003(a) who:
(1) responds to a request for proposals or bids of a
county, municipality, or local governmental entity;
(2) communicates with a county, municipality, or local
governmental entity in connection with a potential agreement
between the person and the county, municipality, or local
governmental entity; or
(3) requests action by the county, municipality, or
local governmental entity on a plat or permit.
(b) The commissioners court of a county or the governing
body of a municipality shall adopt a conflict of interest
questionnaire that requires disclosure of a person's affiliations
or business relationships that might cause a conflict of interest.
(c) A person described by Subsection (a) shall file a
completed conflict of interest questionnaire with the custodian of
records of the county, municipality, or local governmental entity
not later than the seventh day after the date that the person:
(1) begins contract discussions or negotiations with
the county, municipality, or local governmental entity;
(2) forwards to the county, municipality, or local
governmental entity an application, response to a request for
proposals or bids, correspondence, or another writing related to a
potential agreement with the county, municipality, or local
governmental entity; or
(3) submits a request for approval of a plat or permit.
(d) A person described by Subsection (a) shall file an
updated completed questionnaire with the custodian of records of
the county, municipality, or local governmental entity not later
than:
(1) September 1 of each year in which an activity
described by Subsection (a) is pending; and
(2) the seventh day after the date of an event that
would make a statement in the questionnaire incomplete or
inaccurate.
(e) A contract entered into by the county, municipality, or
local governmental entity and a person described by Subsection (a)
is voidable if the person violates this section. The contract must
state the substance of this subsection.
Sec. 176.006. ELECTRONIC FILING. The requirements of this
chapter, including signature requirements, may be satisfied by
electronic filing in a form approved by the county, municipality,
or local governmental entity.
Sec. 176.007. POSTING ON INTERNET. A county or
municipality that adopts a conflicts disclosure statement and a
conflict of interest questionnaire under this chapter shall provide
access to the statements and questionnaires filed under this
chapter, including any statement or questionnaire filed in relation
to a local governmental entity of the county or municipality, on the
Internet website maintained by the county or municipality.
Sec. 176.008. REQUIREMENTS CUMULATIVE. The requirements of
this chapter are in addition to any other disclosure required by
law.
SECTION 2. Section 176.005(e), Local Government Code, as
added by this article, applies only to a contract entered into on or
after the effective date of this article.
SECTION 3. Each county and municipality subject to Chapter
176, Local Government Code, as added by this article, shall adopt
the conflicts disclosure statement and the conflict of interest
questionnaire required by that chapter not later than December 31,
2003.
SECTION 4. (a) A local government officer is not required
to file a conflicts disclosure statement under Chapter 176, Local
Government Code, as added by this Act, before January 1, 2004.
(b) A person described by Section 176.003(a), Local
Government Code, as added by this Act, is not required to file a
conflict of interest questionnaire under Chapter 176, Local
Government Code, as added by this Act, before January 1, 2004.