SRC-TJG, JLB H.B. 1606 78(R) BILL ANALYSIS
Senate Research Center H.B. 1606
By: Wolens (Ellis, Rodney)
Government Organization
5/18/2003
Engrossed
DIGEST AND PURPOSE
The Texas Ethics Commission (TEC) is subject to review and shall be
abolished in 2003 under the Texas Sunset Act, unless continued in
existence by the legislature. H.B. 1606 extends TEC from 2003 to 2015 and
amends three existing laws related to ethics in three general areas: the
functions and duties of TEC; the regulation of political contributions,
political advertising, lobbying, and the conduct of public servants; and
the reporting of political contributions and personal financial
information. This bill also incorporates recommendations of the Sunset
Advisory Commission.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Ethics Commission
in SECTION 2.04 (Section 252.0131, Election Code), SECTION 3.02 (Section
302.013, Government Code), SECTION 4.06 (Section 305.0064, Government
Code), and SECTION 4.07 (Section 305.012, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1. FUNCTIONS AND DUTIES OF TEXAS ETHICS COMMISSION
SECTION 1.01. Amends Section 571.002, Government Code, by adding
Subdivision (2-a), to define "executive director."
SECTION 1.02. Amends Section 571.022, Government Code, as follows:
Sec. 571.022. SUNSET PROVISION. Requires the Texas Ethics Commission
(TEC) to be reviewed during the periods in which state agencies abolished
in 2015, rather than 2003, under Chapter 325, Texas Sunset Act, and every
12th year after that year are reviewed.
SECTION 1.03. Amends Subchapter B, Chapter 571, Government Code, by
adding Sections 571.0231 and 571.0232, as follows:
Sec. 571.0231. RESTRICTION ON COMMISSION MEMBERSHIP. Prohibits a person
from being a member of TEC, if the person is required to register as a
lobbyist under Chapter 305.
Sec. 571.0232. GROUNDS FOR REMOVAL. (a) Provides that there are certain
grounds for removal from the TEC.
(b) Provides that the validity of an action of TEC is not affected by the
fact that it is taken when a ground for removal of a TEC member exists.
(c) Requires the executive director, if the executive director has
knowledge that a potential ground for removal exists, to notify the
presiding officer of TEC of the potential ground. Requires the presiding
officer to then notify the governor and the attorney general that a
potential ground for removal exists. Requires the executive director, if
the potential ground for removal involves the presiding officer, to
notify the next highest ranking officer of TEC, who shall then notify the
governor and the attorney general that a potential ground for removal
exists.
SECTION 1.04. Amends Section 571.026(c), Government Code, to provide that
an action or recommendation of TEC requiring a vote of TEC is not valid
unless certain conditions exists.
SECTION 1.05. Amends Section 571.027(a), Government Code, to prohibit a
member of TEC from participating in a TEC proceeding relating to any
certain actions if the member is the subject of the action.
SECTION 1.06. Amends Subchapter B, Chapter 571, Government Code, by
adding Sections 571.0271 and 571.030-571.0303, as follows:
Sec. 571.0271. COMMISSION MEMBER TRAINING. (a) Prohibits a person who
is appointed to and qualifies for office as a member of TEC from voting,
deliberating, or being counted as a member in attendance at a meeting of
TEC until the person completes a training program that complies with this
section.
(b) Requires the training program to provide the person with certain
information.
(c) Provides that a person appointed to TEC is entitled to reimbursement,
as provided by the General Appropriations Act, for the travel expenses
incurred in attending the training program regardless of whether the
attendance at the program occurs before or after the person qualifies for
office.
Sec. 571.030. SEPARATION OF RESPONSIBILITIES. Requires TEC to develop
and implement policies that clearly separate the policy-making
responsibilities of TEC
and the management responsibilities of the executive director and the
staff of TEC.
Sec. 571.0301. INFORMATION TO MEMBERS AND EMPLOYEES. Requires the
executive director or the executive director's designee to provide to
members and employees of TEC, as often as necessary, information regarding
the requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Sec. 571.0302. EQUAL EMPLOYMENT POLICY. (a) Requires the executive
director or the executive director's designee to prepare and maintain a
written policy statement that implements a program of equal employment
opportunity to ensure that all personnel decisions are made without regard
to race, color, disability, sex, religion, age, or national origin.
(b) Requires the policy statement to include certain information.
(c) Requires the policy statement to be updated annually, be reviewed by
the state Commission on Human Rights for compliance with Subsection
(b)(1), and be filed with the governor's office.
Sec. 571.0303. TRAINING ON STATE EMPLOYEE INCENTIVE PROGRAM. Requires the
executive director or the executive director's designee to provide to TEC
employees information and training on the benefits and methods of
participation in the state employee incentive program.
SECTION 1.07. Renumbers Section 571.033, Government Code, as Section
571.0221, Government Code, and amends it as follows:
Sec. 571.0221. DISCRIMINATION PROHIBITED. Requires appointments to TEC
to be made without regard to the race, color, disability, sex, age,
national origin, or religion of the appointees.
SECTION 1.08. Amends Section 254.0361, Election Code, by transferring it
to Subchapter C, Chapter 571, Government Code, redesignating it as Section
571.0671, Government Code, and amending it, as follows:
Sec. 571.0671. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE. (a) Requires
computer software provided or approved by TEC for use under Section
254.036(b), Election Code, or Section 302.013 or 305.0064 to meet certain
guidelines.
(b) Requires TEC, before determining the specifications for computer
software developed, purchased, or licensed for use under Section 254.036,
Election Code, or Section 302.013 or 305.0064, to conduct at least one
public hearing to discuss the specifications.
(c) Authorizes TEC to provide software for use under Section 254.036(b),
Election Code, or Section 302.013 or 305.0064 by making the software
available on the Internet. Provides that if TEC makes the software
available on the Internet, TEC is not required to provide the software on
computer diskettes, CD-ROMs, or other storage media without charge to
persons required to file reports under that section, but authorizes it to
charge a fee for providing the software on storage media. Prohibits a fee
under this subsection from exceeding the cost to TEC of providing the
software.
SECTION 1.09. Amends Subchapter C, Chapter 571, Government Code, by
adding Section 571.0672, as follows:
Sec. 571.0672. PROPOSITION OF TECHNOLOGICAL SOLUTIONS. Requires TEC to
develop and implement a policy requiring the executive director and TEC
employees to research and propose appropriate technological solutions to
improve TEC's ability to perform its functions. Requires the
technological solutions to meet certain criteria.
SECTION 1.10. Amends Section 571.069, Government Code, by amending
Subsections (a) and (b) and adding Subsection (f), as follows:
(a) Requires, rather than authorizes, TEC to review for facial compliance
randomly selected statements and reports filed with TEC and authorizes it
to review any available documents. Requires, rather than authorizes, TEC
to return for resubmission with corrections or additional documentation a
statement or report that does not, in the opinion of TEC, comply with the
law requiring the statement or report. Provides that a statement or
report returned for resubmission is considered to have been filed on the
date the statement or report was originally filed if certain criteria
exists.
(b) Authorizes TEC to by adopted motion initiate a preliminary review as
provided by Section 571.124 or perform a complete audit of a statement or
report if certain criteria exists. Deletes text regarding an affirmative
record vote of at least six TEC members.
(f) Prohibits this section from being construed as limiting or affecting
TEC's authority to, on the filing of a motion or receipt of a sworn
complaint, review or investigate the sufficiency of a statement or report.
SECTION 1.11. Amends Section 571.073, Government Code, as follows:
Sec. 571.073. REPORT. Requires the report to include certain
information.
SECTION 1.12. Amends Subchapter C, Chapter 571, Government Code, by
adding Sections 571.078 and 571.079, as follows:
Sec. 571.078. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.
(a) Requires TEC to develop and implement a policy to encourage the use
of certain methods.
(b) Provides that Subsection (a)(2) does not apply to a preliminary
review or preliminary review hearing under Sections 571.124 through
571.126.
(c) Requires TEC procedures, relating to alternative dispute resolution,
to conform, to the extent possible, to any model guidelines issued by the
state office of administrative hearings for the use of alternative dispute
resolution by state agencies.
(d) Requires TEC to designate a trained person to perform certain acts.
Sec. 571.079. POSTING INFORMATION RELATING TO UNPAID PENALTIES ON
WEBSITE. (a) Requires TEC, not later than the 15th day after the date on
which an application for a place on the general primary election ballot or
for nomination by convention is required to be filed, to post on its
Internet website certain information.
(b) Requires TEC to remove from TEC's Internet website information posted
under this section as soon as practicable after the candidate pays the
civil penalty in full.
SECTION 1.13. Amends Section 571.121(a), Government Code, to authorize
TEC to perform certain acts.
SECTION 1.14. Amends Subchapter E, Chapter 571, Government Code, by
adding Sections 571.1211 and 571.1212, as follows:
Sec. 571.1211. DEFINITIONS. Defines "campaign communication," "political
advertising," "Category One violation," and "Category Two violation."
Sec. 571.1212. CATEGORIZATION OF VIOLATIONS. Requires an allegation of a
violation listed as a Category One violation to be treated as a Category
Two violation if the executive director at any time determines certain
facts.
SECTION 1.15. Amends Section 571.122(a), Government Code, to require TEC
to make the complaint form available on the Internet.
SECTION 1.16. Amends Section 571.123(b), Government Code, to require TEC,
not later than the fifth, rather than 14th, business day after the date a
complaint is filed, to send written notice to the complainant and the
respondent.
SECTION 1.17. Amends Sections 571.124(a)-(c), (e), and (f), Government
Code, as follows:
(a) Requires TEC staff to promptly conduct a preliminary review on
receipt of a written complaint that is in compliance with the form
requirements of Section 571.122.
(b) Authorizes TEC to initiate a preliminary review of the matter that is
the subject of the motion, on a motion adopted by an affirmative record
vote of TEC, rather than at least six TEC members, without a sworn
complaint
(c) Requires the executive director, rather than TEC by record vote, to
determine in writing whether TEC has jurisdiction over the violation of
law alleged in a sworn complaint processed under Section 571.123.
(e) Requires the notice under Section 571.123(b), if the executive
director, rather than TEC, determines that TEC has jurisdiction, to
include certain information.
(f) Makes conforming changes.
SECTION 1.18. Amends Subchapter E, Chapter 571, Government Code, by
adding Sections 571.1241-571.1244, as follows:
Sec. 571.1241. REVIEW OF EXECUTIVE DIRECTOR'S DETERMINATION OF NO
JURISDICTION. (a) Authorizes the complainant, if the executive director
determines that TEC does not have jurisdiction over the violation alleged
in the complaint, to request that TEC review the determination. Requires
a request for review under this section to be filed not later than the
30th day after the date the complainant receives the executive director's
determination.
(b) Authorizes TEC to reverse the executive director's determination only
on the affirmative vote of at least six members.
(c) Requires TEC, not later than the fifth business day after the date of
TEC's determination under this section, to send written notice to the
complainant and the respondent stating whether TEC has jurisdiction over
the violation alleged in the complaint. Requires the notice to include
the items listed in Section 571.124(e), if TEC determines that TEC has
jurisdiction
Sec. 571.1242. PRELIMINARY REVIEW: RESPONSE BY RESPONDENT. (a) Requires
the respondent, if the alleged violation is a Category One violation, to
respond to the notice required by Section 571.123(b) not later than the
10th business day after the date the respondent receives the notice.
Requires TEC, if the matter is not resolved by agreement between TEC and
the respondent before the 30th business day after the date the respondent
receives the notice under Section 571.123(b), to set the matter for a
preliminary review hearing to be held at the next TEC meeting for which
notice has not yet been posted.
(b) Requires the respondent, if the alleged violation is a Category Two
violation, to respond to the notice required by Section 571.123(b) not
later than the 25th business day after the date the respondent receives
the notice under Section 571.123(b). Requires TEC, if the matter is not
resolved by agreement between TEC and the respondent before the 75th
business day after the date the respondent receives the notice under
Section 571.123(b), to set the matter for a preliminary review hearing to
be held at the next TEC meeting for which notice has not yet been posted.
(c) Provides that a respondent's failure to timely respond as required by
Subsection (a)(1) or (b)(1) is a Category One violation.
(d) Requires the response required by Subsection (a) or (b) to include
any challenge the respondent seeks to raise to TEC's exercise of
jurisdiction. Authorizes the respondent, in addition, to perform certain
acts.
(e) Requires TEC, if TEC sets the matter for a preliminary review
hearing, to promptly send to the complainant and the respondent written
notice of the date, time, and place of the preliminary review hearing.
Sec. 571.1243. PRELIMINARY REVIEW: WRITTEN QUESTIONS. Authorizes TEC
staff, during a preliminary review, to submit to the complainant or
respondent written questions reasonably intended to lead to the discovery
of matters relevant to the investigation.
Sec. 571.1244. PRELIMINARY REVIEW AND PRELIMINARY REVIEW PROCEDURES.
Requires TEC to adopt procedures for the conduct of preliminary reviews
and preliminary review hearings. Requires the procedures to include
certain provisions.
SECTION 1.19. Amends Section 571.125, Government Code, as follows:
Sec. 571.125. New heading: PRELIMINARY REVIEW HEARING: PROCEDURE. (a)
Requires TEC to conduct a preliminary review hearing if certain conditions
exist.
(b) Requires TEC to provide written notice to the complainant, if any,
and the respondent of the date, time, and place TEC will conduct the
preliminary review hearing.
(c) Authorizes TEC, at or after the time TEC provides notice of a
preliminary review hearing, to submit to the complainant and the
respondent written questions and require those questions to be answered
under oath within a reasonable time.
(d) Authorizes TEC, during a preliminary review hearing, to consider all
submitted evidence related to the complaint or to the subject matter of a
motion under Section 571.124(b) and to review any documents or material
related to the complaint or to the motion. Requires TEC to determine
whether there is credible evidence that provides cause for it to conclude
that a violation within its jurisdiction has occurred.
(e) Renumbered from Subsection (b). Makes a conforming change.
SECTION 1.20. Amends the heading to Section 571.126, Government Code, to
read as follows:
Sec. 571.126. PRELIMINARY REVIEW HEARING: RESOLUTION.
SECTION 1.21. Amends Sections 571.126(a), (b), and (d), Government Code,
as follows:
(a) Requires TEC by vote, rather than record vote, as soon as practicable
after the completion of a preliminary review hearing, to issue a certain
decision.
(b) Requires TEC, if TEC is unsuccessful in resolving and settling the
complaint or motion, to perform certain acts.
(d) Authorizes TEC, if TEC determines that there is insufficient credible
evidence for TEC to determine that a violation within the jurisdiction of
TEC has occurred, to dismiss the complaint or motion or promptly conduct a
formal, rather than informal, hearing under Sections 571.129 through
571.132, rather than Section 571.127.
SECTION 1.22. Amends Section 571.129, Government Code, as follows:
Sec. 571.129. FORMAL HEARING: STANDARD OF EVIDENCE. Requires TEC,
during a formal hearing, to determine by a preponderance of the evidence,
rather than by clear and convincing evidene, whether a violation within
the jurisdiction of TEC has occurred.
SECTION 1.23. Amends Sections 571.132(a) and (b), Government Code, as
follows:
(a) Requires TEC, not later than the 30th business day after the date the
state office of administrative hearings issues a proposal for decision,
rather than having a formal hearing completed, to convene a meeting and by
motion to issue certain information.
(b) Requires the motion to be adopted by vote, rather than record vote,
of TEC. Deletes text regarding a certain number of required voting TEC
members.
SECTION 1.24. Amends Subchapter E, Chapter 571, Government Code, by
amending Sections 571.135 and 571.136 and adding Section 571.1351, as
follows:
Sec. 571.135. New heading: PUBLIC INTEREST INFORMATION. (a) Requires
TEC to develop plain-language materials as described by this section.
Deletes text regarding specific-language materials. Requires TEC to
distribute the materials, rather than merely make them available, to the
public and appropriate state agencies.
(b) Requires the materials to include certain information.
(c) Requires TEC to provide the materials described by this section to
each complainant and respondent.
(d) Requires TEC to adopt a policy to effectively distribute materials as
required by this section.
Sec. 571.1351. STATUS OF COMPLAINT. (a) Created from Subsection (b).
Requires the file to include certain information.
(b) Requires TEC to provide to the person filing the complaint and to
each person who is a subject of the complaint a copy of TEC's policies and
procedures relating to complaint investigation and resolution.
(c) Requires TEC, in addition to the notice required by Sections 571.123,
rather than 571.124, through 571.132, at least quarterly until final
disposition of a complaint, to notify the person who filed the complaint
and each person who is a subject of the complaint, if any, of the status
of the sworn or other complaint.
Sec. 571.136. EXTENSION OF DEADLINE. Authorizes TEC to, on its own
motion or on the reasonable request of a respondent, extend any deadline
for action relating to a sworn complaint, motion, preliminary review,
hearing, rather than informal hearing, or formal hearing.
SECTION 1.25. Amends Section 571.137, Government Code, by amending
Subsections (a) and (e) and adding Subsections (a-1)-(a-3), as follows:
(a) Makes a conforming change.
(a-1) Authorizes TEC, in connection with a preliminary review, for good
cause and as authorized by this chapter, to subpoena documents and
witnesses on application by TEC staff and a motion adopted by a vote of at
least six members of TEC, for the purpose of attempting to obtain from the
documents or witnesses specifically identified information, if TEC
reasonably believes that the specifically identified information meets
certain criteria.
(a-2) Requires TEC to adopt procedures for the issuance of subpoenas
under this section.
(a-3) Requires a copy of a subpoena issued under this section, rather
than by TEC, to be delivered to the respondent.
(e) Provides that a person who provides subpoenaed documents to TEC is
entitled to reimbursement from TEC for the person's reasonable cost of
producing the documents.
SECTION 1.26. Amends Section 571.138, Government Code, as follows:
Sec. 571.138. STATUS OF COMPLAINANT. Makes a conforming change.
SECTION 1.27. Amends Sections 571.139(a) and (b), Government Code, to
make conforming changes.
SECTION 1.28. Amends Section 571.140, Government Code, by amending
Subsections (a)-(c) and adding Subsections (b-1), (e), and (f), as
follows:
(a) Provides that except as provided by Subsection (b) or (b-1) or by
Section 571.171, proceedings at a preliminary review hearing, rather than
informal hearing, performed by the commission, a sworn complaint, and
documents and any additional evidence relating to the processing,
preliminary review, preliminary review hearing, rather than informal
hearing, or resolution of a sworn complaint or motion are confidential and
prohibits it from being disclosed unless entered into the record of a
formal hearing or a judicial proceeding, except that a document or
statement that was previously public information remains public
information.
(b) Makes a conforming change.
(b-1) Authorizes a TEC employee to, for the purpose of investigating a
sworn complaint or motion, disclose to the complainant, the respondent,
or a witness information that is otherwise confidential and relates to the
sworn complaint if certain criteria exists.
(c) Provides that an offense under this subsection is a Class C, rather
than A, misdemeanor.
(e) Requires TEC to terminate the employment of a TEC employee who
violates Subsection (a).
(f) Provides that a TEC employee who discloses confidential information
in compliance with Subsection (b-1) is not subject to Subsections (c),
(d), and (e).
SECTION 1.29. Amends Subchapter E, Chapter 571, Government Code, by
adding Section 571.141, as follows:
Sec. 571.141. AVAILABILITY OF COMMISSION ORDERS ON INTERNET. (a)
Requires TEC, as soon as practicable following a preliminary review,
preliminary review hearing, or formal hearing at which TEC determines that
a person has committed a violation within TEC's jurisdiction, to make
available on the Internet certain information.
(b) Provides that this section does not apply to a determination of a
violation that is technical or de minimis.
SECTION 1.30. Amends Section 571.171, Government Code, as follows:
Sec. 571.171. INITIATION AND REFERRAL. (a) Authorizes TEC, on a motion
adopted by an affirmative, rather than record, vote of at least six TEC
members, to initiate civil enforcement actions and refer matters to the
appropriate prosecuting attorney for criminal prosecution.
(b) Authorizes the executive director, on receipt of a sworn complaint,
if the executive director reasonably believes that the person who is the
subject of the complaint has violated Chapter 36 or 39, Penal Code, to
refer the matter to the appropriate prosecuting attorney for criminal
prosecution.
(c) Authorizes TEC or executive director to disclose confidential
information in making a referral to a prosecuting attorney under this
section.
SECTION 1.31. Amends Subchapter F, Chapter 571, Government Code, by
adding Section 571.1731, as follows:
Sec. 571.1731. WAIVER OR REDUCTION OF LATE FILING PENALTY. (a)
Authorizes a person to request the waiver or reduction of a civil penalty
under Section 305.033(b) or 572.033(b) of this code or Section 254.042(b),
Election Code, by submitting an affidavit to the executive director that
states the filer's reasons for requesting a waiver or reduction.
(b) Authorizes TEC to waive or reduce a civil penalty if TEC finds that a
waiver or reduction is in the public interest and in the interest of
justice. Requires TEC to consider certain information before acting to
waive or reduce a civil penalty.
(c) Authorizes TEC, after hearing the waiver request, to affirm, reduce,
or waive the civil penalty.
SECTION 1.32. Repealer: Sections 571.124(d) (Preliminary Review:
Initiation), 571.127 (Informal Hearing: Procedure), and 571.128 (Informal
Hearing: Resolution), Government Code.
SECTION 1.33. Provides that Sections 571.0231 and 571.0271, Government
Code, as added by this Act, do not affect the entitlement of a member of
the TEC serving on TEC immediately before September 1, 2003, to continue
to serve and function as a member of the commission for the remainder of
the member's term. Provides that Sections 571.0231 and 571.0271,
Government Code, as added by this Act, apply only to a member appointed on
or after September 1, 2003.
SECTION 1.34. Provides that the changes in law made to Chapter 571,
Government Code, as amended by this article, do not affect the authority
of TEC regarding a statement, report, or registration filed before the
effective date of this Act. Provides that a statement, report, or
registration filed before that date is governed by the law in effect
immediately before that date, and the former law is continued in effect
for that purpose.
ARTICLE 2. CAMPAIGN FINANCE AND POLITICAL ADVERTISING
SECTION 2.01. Amends Section 251.001(16), Election Code, to redefine
"political advertising."
SECTION 2.02. Amends Section 251.005, Election Code, by amending
Subsection (a) and adding Subsection (d), as follows:
(a) Provides that an out-of-state political committee is not subject to
Chapter 252 or 254, except as provided by Subsection (b), (c), or (d).
(d) Requires an out-of-state political committee that does not file a
campaign treasurer appointment to comply with Section 254.1581.
SECTION 2.03. Amends Chapter 252, Election Code, by adding Section
252.0011, as follows:
Sec. 252.0011. INELIGIBILITY FOR APPOINTMENT AS CAMPAIGN TREASURER. (a)
Provides that except as provided by Subsection (b) or (c), a person is
ineligible for appointment as a campaign treasurer if the person is the
campaign treasurer of a political committee that does not file a report
required by Chapter 254.
(b) Provides that the period for which a person is ineligible under
Subsection (a) for appointment as a campaign treasurer ends on the date on
which the political committee in connection with which the person's
ineligibility arose has filed each report required by Chapter 254 that was
not timely filed or has paid all fines and penalties in connection with
the failure to file the report.
(c) Provides that Subsection (a) does not apply to a person if, in any
semiannual reporting period prescribed by Chapter 254, certain conditions
exist.
(d) Provides that Subsection (c) applies to a person who is the campaign
treasurer of a general-purpose committee regardless of whether the
committee files monthly reports under Section 254.155. Provides that for
purposes of this subsection, political contributions accepted and
political expenditures made during a monthly reporting period are
aggregated with political contributions accepted and political
expenditures made in each other monthly reporting period that corresponds
to the semiannual reporting period that contains those months.
(e) Provides that a candidate or political committee is considered to
have not appointed a campaign treasurer if the candidate or committee
appoints a person as campaign treasurer whose appointment is prohibited by
Subsection (a).
(f) Provides that a person who violates this section is liable for a
civil penalty not to exceed three times the amount of political
contributions accepted or political expenditures made in violation of this
section.
SECTION 2.04. Amends Chapter 252, Election Code, by adding Section
252.0131, as follows:
Sec. 252.0131. TERMINATION OF CAMPAIGN TREASURER APPOINTMENT BY
COMMISSION. (a) Requires TEC to adopt by rule a process by which it may
terminate the campaign treasurer appointment of an inactive candidate or
political committee that meets certain criteria.
(b) Requires TEC, before it may terminate a campaign treasurer
appointment, to consider the proposed termination in a regularly scheduled
open meeting.
(c) Requires rules adopted under this section to define "inactive
candidate or political committee" and to require a certain written notice.
(d) Provides that the termination of a campaign treasurer appointment
under this section takes effect on the 30th day after the date of the
meeting at which TEC votes to terminate the appointment. Requires TEC,
following that meeting, to promptly notify the affected candidate or
political committee that the appointment has been terminated. Requires
the notice to state the effective date of the termination.
SECTION 2.05. Amends the heading to Section 253.034, Election Code, to
read as follows:
Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS DURING AND FOLLOWING REGULAR
LEGISLATIVE SESSION.
SECTION 2.06. Amends Section 253.034(a), Election Code, to prohibit a
person, during the period beginning on the 30th day before the date a
regular legislative session convenes and continuing through the 20th day
after the date of final adjournment, rather than the day of final
adjournment, from knowingly making a political contribution to certain
persons or entities.
SECTION 2.07. Amends the heading to Section 253.0341, Election Code, as
follows:
Sec. 253.0341. RESTRICTIONS ON CONTRIBUTIONS TO LEGISLATIVE CAUCUSES
DURING AND FOLLOWING REGULAR LEGISLATIVE SESSION.
SECTION 2.08. Amends Section 253.0341(a), Election Code, to prohibit a
person not a member of the caucus, during the period beginning on the 30th
day before the date a regular legislative session convenes and continuing
through the 20th day after the date of final adjournment, rather than the
day of final adjournment, from knowingly making a contribution to a
legislative caucus.
SECTION 2.09. Amends Section 253.042(b), Election Code, to prohibit a
candidate or officeholder from using political contributions, in amounts
that in the aggregate exceed the amount prescribed by Subsection (a), to
repay any other loan or extension of credit that the candidate or
officeholder guarantees.
SECTION 2.10. Amends Section 253.162, Election Code, by amending
Subsections (b) and (c) and adding Subsection (b-1), as follows:
(b) Prohibits a judicial candidate or officeholder from performing
certain acts.
(b-1) Prohibits the total amount of both reimbursements under Subsection
(a) and repayments under Subsection (b)(2) made by a candidate or
officeholder from exceeding the amount prescribed by Subsection (a).
(c) Authorizes a person who is both a candidate and an officeholder to
reimburse the person's personal funds or repay loans from political
contributions only in one capacity.
SECTION 2.11. Amends Section 254.031(a), Election Code, to require each
report filed under this chapter to include certain information, including
as of the last day of the reporting period, the total amount of political
contributions accepted on or after September 1, 2003, including interest
or other income on those contributions, maintained in one or more accounts
in which political contributions are deposited as of the last day of the
reporting period.
SECTION 2.12. Amends Subchapter B, Chapter 254, Election Code, by adding
Section 254.0312, as follows:
Sec. 254.0312. BEST EFFORTS. (a) Provides that a person required to
file a report under this chapter is considered to be in compliance with
Section 254.0612, 254.0912, or 254.1212 only if the person or the person's
campaign treasurer shows that the person has used best efforts to obtain,
maintain, and report the information required by those sections. Provides
that a person is considered to have used best efforts to obtain, maintain,
and report that information if the person or the person's campaign
treasurer complies with this section.
(b) Requires each written solicitation for political contributions from
an individual to include certain information.
(c) Requires the person, for each political contribution received from an
individual that, when aggregated with all other political contributions
received from the individual during the reporting period, exceeds $1,000
and for which the information required by Section 254.0612, 254.0912, or
254.1212 is not provided, to make at least one oral or written request for
the missing information. Requires a request under this subsection to be
made not later than the 30th day after the date the contribution is
received, to include a clear and conspicuous statement that complies with
Subsection (b), and if made orally, to be documented in writing, but
prohibits it from being made in conjunction with a solicitation for an
additional political contribution.
(d) Requires a person to report any information required by Section
254.0612, 254.0912, or 254.1212 that is not provided by the individual
making the political contribution and that the person has in the person's
records of political contributions or previous reports under this chapter.
(e) Requires a person who receives information required by Section
254.0612, 254.0912, or 254.1212 after the filing deadline for the report
on which the contribution is reported to include the missing information
on the next report the person is required to file under this chapter.
SECTION 2.13. Amends Section 254.035, Election Code, by adding
Subsections (c) and (d), as follows:
(c) Provides that the amount of a political expenditure made by credit
card is readily determinable by the person making the expenditure on the
date the person receives the credit card statement that includes the
expenditure.
(d) Provides that Subsection (c) does not apply to a political
expenditure made by credit card during the period covered by a report
required to be filed under Section 254.064(b) or (c), 254.124(b) or (c),
or 254.154(b) or (c).
SECTION 2.14. Amends Section 254.036, Election Code, by amending
Subsections (b) and (c) and adding Subsection (c-1), as follows:
(b) Requires each report filed under this chapter with TEC, except as
provided by Subsection (c), (e), or (f), to be filed by computer diskette,
modem, or other means of electronic transfer, using computer software
provided by TEC or computer software that meets TEC specifications for a
standard file format. Deletes text referring to exceptions provided by
Subsections (d) or (g).
(c) Authorizes a candidate, officeholder, or political committee that is
required to file reports with TEC to file reports that comply with
Subsection (a) if certain criteria exists.
(c-1) Requires an affidavit under Subsection (c) to be filed with each
report filed under Subsection (a). Requires the affidavit to include a
statement that the candidate, officeholder, or political committee
understands that the candidate, officeholder, or committee shall file
reports as required by Subsection (b) if certain criteria exists.
SECTION 2.15. Amends Section 254.0401(a), Election Code, to require TEC
to make each report filed with TEC under Section 254.036(b) available to
the public on the Internet not later than the second business day after
the date the report is filed. Deletes text regarding an exception under
Subsection (b).
SECTION 2.16. Amends Section 254.042(b), Election Code, to provide that
if a report other than a report under Section 254.064(c), 254.124(c), or
254.154(c) is determined to be late, the person required to file the
report is liable, rather than civilly liable, to the state for a civil
penalty of $500, rather than an amount determined by TEC but not to exceed
$100 for each day that the report is late. Provides that if a report
under Section 254.064(c), 254.124(c), or 254.154(c) or a report under
Section 254.063 or 254.153 that is required to be filed following the
primary or general election is determined to be late, the person required
to file the report is liable to the state for a civil penalty of $500 for
the first day the report is late and $100 for each day thereafter that the
report is late.
SECTION 2.17. Amends Subchapter B, Chapter 254, Election Code, by adding
Section 254.043, as follows:
Sec. 254.043. ACTION TO REQUIRE COMPLIANCE. (a) Provides that this
section applies only to a person required to file reports under this
chapter with the TEC, or a person required to file reports under this
chapter with an authority other than TEC in connection with an office of a
political subdivision in a county with a population of at least 500,000.
(b) Authorizes a resident of the territory served by an office to bring
an action for injunctive or other appropriate relief against a candidate
for or holder of that office or a specific-purpose committee for
supporting or opposing such a candidate or assisting such an officeholder
to require the person to file a report under this chapter that the person
has failed to timely file.
(c) Authorizes an action under this section to be brought against a
person required to file reports under this chapter only if at least 60
days have passed since the date on which a report was required to be
filed, and the report was not filed during the period described by
Subdivision (1).
(d) Requires the court to award a plaintiff who prevails in an action
under this section reasonable attorney's fees and court costs.
SECTION 2.18. Amends Subchapter C, Chapter 254, Election Code, by adding
Section 254.0612, as follows:
Sec. 254.0612. ADDITIONAL CONTENTS OF REPORTS BY CANDIDATE FOR STATEWIDE
EXECUTIVE OFFICE OR LEGISLATIVE OFFICE. Requires each report by a
candidate for a statewide office in the executive branch or a legislative
office, in addition to the contents required by Sections 254.031 and
254.061, to include, for each individual from whom the person filing the
report has accepted political contributions that in the aggregate exceed
$1,000 and that are accepted during the reporting period, the individual's
principal occupation and job title and the full name of the individual's
employer.
SECTION 2.19. Amends Subchapter D, Chapter 254, Election Code, by adding
Section 254.0912, as follows:
Sec. 254.0912. ADDITIONAL CONTENTS OF REPORTS BY STATEWIDE EXECUTIVE
OFFICEHOLDERS AND LEGISLATIVE OFFICEHOLDERS. Requires each report by a
holder of a statewide office in the executive branch or a legislative
office, in addition to the contents required by Sections 254.031 and
254.091, to include the contents prescribed by Section 254.0612.
SECTION 2.20. Amends Subchapter E, Chapter 254, Election Code, by adding
Section 254.1212, as follows:
Sec. 254.1212. ADDITIONAL CONTENTS OF REPORTS OF COMMITTEE SUPPORTING OR
OPPOSING CANDIDATE FOR STATEWIDE EXECUTIVE OFFICEHOLDERS OR LEGISLATIVE
OFFICEHOLDERS OR ASSISTING STATEWIDE EXECUTIVE OFFICEHOLDERS OR
LEGISLATIVE OFFICEHOLDERS. Requires each report by a specific-purpose
committee for supporting or opposing a candidate for or assisting a holder
of a statewide office in the executive branch or a legislative office, in
addition to the contents required by Sections 254.031 and 254.121, to
include the contents prescribed by Section 254.0612.
SECTION 2.21. Amends Section 254.151, Election Code, to require each
report by a campaign treasurer of a general-purpose committee, in addition
to the contents required by Section 254.031 and by this section, to
include on a separate page or pages of the report, the identification of
the name of the donor, the amount, and the date of any expenditure made by
a corporation or labor organization to establish or administer the
political committee, or finance the solicitation of political
contributions to the committee under Section 253.100.
SECTION 2.22. Amends Subchapter F, Chapter 254, Election Code, by adding
Section 254.1581, as follows:
Sec. 254.1581. REPORTING BY OUT-OF-STATE POLITICAL COMMITTEE. Requires an
out-of-state political committee to file with TEC a copy of a report filed
with the Federal Election Commission or the proper filing authority of
another state that shows the political contributions accepted, political
expenditures made, and other expenditures made by the committee.
SECTION 2.23. Amends Section 254.204(a), Election Code, to make
clarifying and nonsubstantive changes.
SECTION 2.24. Amends Subchapter I, Chapter 254, Election Code, by adding
Section 254.233, as follows:
Sec. 254.233. SEPARATE ACCOUNTS. Requires all candidates and
officeholders for elected office in Texas to keep their campaign and
officeholder contributions and expenditures in separate and segregated
accounts from all other accounts. Makes a violation of this section a
Class B misdemeanor.
SECTION 2.25. Amends Section 255.001, Election Code, by amending
Subsection (a) and adding Subsection (a-1), as follows:
(a) Prohibits a person from knowingly entering into a contract or other
agreement to display, as well as print, publish, or broadcast, political
advertising that does not indicate certain information in the advertising.
(a-1) Prohibits a person from knowingly using, causing or permitting to
be used, or continuing to use any printed, published, displayed, or
broadcast political advertising that the person knows does not include the
disclosure required by Subsection (a). Provides that a person is presumed
to know that the use of political advertising is prohibited by this
subsection if TEC notifies the person in writing that the use is
prohibited. Provides that a person who learns that political advertising
signs, as defined by Section 255.007, that have been distributed do not
include the disclosure required by Subsection (a) or include a disclosure
that does not comply with Subsection (a) does not commit a continuing
violation of this subsection if the person makes a good faith attempt to
remove or correct those signs. Provides that a person who learns that
printed political advertising other than a political advertising sign that
has been distributed does not include the disclosure required by
Subsection (a) or includes a disclosure that does not comply with
Subsection (a) is not required to attempt to recover the political
advertising and does not commit a continuing violation of this subsection
as to any previously distributed political advertising.
SECTION 2.26. Amends the heading to Section 257.005, Election Code, to
read as follows:
Sec. 257.005. CANDIDATE FOR STATE OR COUNTY CHAIR OF POLITICAL PARTY.
SECTION 2.27. Amends Section 257.005(a), Election Code, to provide that,
except as provided by this section, a candidate for election to the office
of county chair of a political party with a nominee on the ballot in the
most recent gubernatorial general election if the county has a population
of 350,000 or more is subject to the requirements of this title that apply
to a candidate for public office.
SECTION 2.28. Amends Title 15, Election Code, by adding Chapter 259, as
follows:
CHAPTER 259. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS
Sec. 259.001. APPLICABILITY OF CHAPTER. Provides that this chapter
applies only to an election for an office of a county with a population of
more than one million, or a junior college district, any part of which is
located in a county described by Subdivision (1).
Sec. 259.002. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS. (a)
Authorizes the commissioners court of a county or the governing body of a
school district or a junior college district to regulate political
contributions to and expenditures by certain candidates or committees, or
political contributions and expenditures related to an election on a
county or district measure, as appropriate.
(b) Prohibits a regulation authorized by Subsection (a) from being
inconsistent with a provision of this title, except that the commissioners
court or governing body is authorized to adopt a regulation that is more
stringent than a provision of this title.
Sec. 259.003. ENFORCEMENT. (a) Authorizes the commissioners court of a
county or governing body of a school district or junior college district
to adopt procedures for the enforcement of regulations adopted under this
chapter, including procedures authorizing suit to be brought in the
district court for appropriate injunctive relief to prevent the violation
or threatened violation of a regulation adopted under this chapter from
continuing or occurring.
(b) Authorizes the commissioners court of a county or governing body of a
school district or junior college district to impose a civil penalty for
a violation of a regulation adopted under this chapter. Prohibits the
amount of a civil penalty under this subsection from exceeding the lesser
of $2,000, or three times the amount at issue in the violation.
(c) Provides that a person commits an offense if the person violates a
regulation adopted under this chapter. Makes an offense under this
section a Class C misdemeanor.
SECTION 2.29. Repealers: Sections 253.100(d), 254.036(d) and (g), and
254.0401(b) and (c) (regarding reports for certain expenditures), Election
Code.
SECTION 2.30. Makes application of Sections 253.042(b) and 253.162,
Election Code, as amended by this Act, prospective to September 1, 2003.
SECTION 2.31. (a) Makes application of Sections 254.031 and 254.036,
Election Code, as amended by this Act, and Sections 254.0612, 254.0912,
and 254.1212, Election Code, as added by this Act, prospective to
September 1, 2003.
(b) Makes application of Section 254.042(b), Election Code, as amended by
this Act, prospective to September 1, 2003.
(c) Makes application of Section 254.151, Election Code, as amended by
this Act, prospective to September 1, 2003.
(d) Makes application of Section 255.001(a), Election Code, as amended by
this Act, prospective to September 1, 2003.
(e) Makes application of Section 255.001(a-1), Election Code, as added by
this Act, prospective to September 1, 2003.
ARTICLE 3. SPEAKER'S RACE
SECTION 3.01. Amends Subchapter B, Chapter 302, Government Code, by
adding Section 302.0121, as follows:
Sec. 302.0121. DECLARATION OF SPEAKER CANDIDACY. (a) Requires each
speaker candidate to file a declaration of candidacy with TEC as provided
by this section.
(b) Sets forth requirements for a declaration of speaker candidacy.
(c) Prohibits a speaker candidate, except as provided by Subsection (e),
from knowingly accepting a contribution, loan, or promise of a
contribution or loan in connection with the speaker candidacy or making or
authorizing a campaign expenditure at a time when a declaration of
candidacy for the candidate is not in effect.
(d) Provides that a declaration of speaker candidacy terminates on the
earlier of the date the speaker candidate files a written statement with
TEC stating that the candidate has terminated the candidacy, or the date a
speaker is elected for the legislative session as to which the speaker
candidate filed the statement.
(e) Authorizes a former speaker candidate whose declaration of speaker
candidacy is terminated under Subsection (d) to make a campaign
expenditure in connection with a debt incurred during the period the
former speaker candidate's declaration of candidacy was in effect.
SECTION 3.02. Amends Section 302.013, Government Code, by amending
Subsections (b) and (d) and adding Subsection (e), as follows:
(b) Requires each speaker candidate to file the statement on the first
filing date after the date on which the speaker candidate files the
declaration of candidacy required by Section 302.0121, rather than
announcement or initiation of the candidacy.
(d) Requires each speaker candidate to file the statement by computer
diskette, modem, or other means of electronic transfer, using computer
software provided, rather than on an official form designed, by TEC, or
computer software that meets TEC specifications for a standard file
format.
(e) Requires TEC to implement an electronic filing system under
Subsection (d) not later than September 1, 2004. Requires TEC by rule to
identify the date on which the requirement that a statement must be made
as required by Subsection (d) takes effect and the first reporting period
under Subsection (c) for which a statement must be made as required by
Subsection (d). Provides that this subsection expires January 1, 2005.
SECTION 3.03. Amends Section 302.015(b), Government Code, to require a
statement required to be filed on the day before a regular or called
session convenes to actually be delivered and in the possession of TEC not
later than 5 p.m., rather than 4 p.m., of that day.
SECTION 3.04. Amends Subchapter B, Chapter 302, Government Code, by
adding Sections 302.0191 and 302.0201, as follows:
Sec. 302.0191. CONTRIBUTIONS AND EXPENDITURES FROM POLITICAL
CONTRIBUTIONS. Prohibits a person, including a speaker candidate, from
making a contribution to a speaker candidate's campaign or an expenditure
to aid or defeat a speaker candidate from political contributions accepted
under Title 15, Election Code, interest earned on political contributions
accepted under Title 15, Election Code, or an asset purchased with
political contributions accepted under Title 15, Election Code.
Sec. 302.0201. DISPOSITION OF UNEXPENDED FUNDS; REPORT. (a) Authorizes
a former speaker candidate to use unexpended campaign funds to retire debt
incurred in connection with the speaker candidacy, or remit unexpended
campaign funds to one or more of certain persons or organizations.
(b) Prohibits a former speaker candidate from retaining contributions
covered by this subchapter, assets purchased with the contributions, or
interest and other income earned on the contributions for more than six
years after the date the person ceases to be a speaker candidate or hold
the office of speaker.
(c) Prohibits the amount of campaign funds disposed of under Subsection
(a)(2)(A) to one person from exceeding the aggregate amount accepted from
that person in connection with the former speaker candidate's most recent
campaign for election to the office of speaker.
(d) Requires a former speaker candidate who retains unexpended campaign
funds, not later than January 15 of each year, to file a sworn report with
TEC that includes certain information.
(e) Provides that a report filed under this section covers, as
applicable, the period beginning on the date after the last day of the
period covered by the most recent statement filed by the former speaker
candidate under Section 302.013 and ending on December 31 of the preceding
year, or the preceding calendar year.
(f) Requires a former speaker candidate to file the report on an official
form designed by TEC. Provides that Sections 302.015 and 302.016 apply to
a report filed under this section.
(g) Provides that for purposes of this section, a speaker candidate
elected as speaker of the house of representatives is considered to be a
former speaker candidate.
SECTION 3.05. Amends Section 302.021, Government Code, by amending
Subsections (a) and (f) and adding Subsection (e-1), as follows:
(a) Provides that a speaker candidate or former speaker candidate commits
an offense if the person:
(1) knowingly fails to file the declaration of candidacy required by
Section 302.0121;
(2) knowingly, rather than wilfully, fails to file the statement required
by Section 302.013;
(3) knowingly accepts a contribution, loan, or promise of a contribution
or loan in violation of Section 302.0121(c);
(4) (redesignated from Subdivision (2)) knowingly accepts, rather than
receives, a contribution, loan, or promise of a contribution or loan
prohibited by Section 302.017 from a corporation, partnership,
association, firm, union, foundation, committee, club, or other
organization or group of persons;
(5) knowingly accepts a contribution from a person who uses political
contributions, interest earned on political contributions, or an asset
purchased with political contributions to make the contribution in
violation of Section 302.0191;
(6) (redesignated from Subdivision (3)) expends campaign funds for any
purpose other than those enumerated in Section 302.020;
(7) knowingly retains contributions, assets purchased with contributions,
or interest or other income earned on contributions in violation of
Section 302.0201(b); or
(8) knowingly fails to file the report of unexpended campaign funds as
required by Section 302.0201(d).
(e-1) Provides that a person commits an offense if the person knowingly
makes a contribution to a speaker candidate's campaign or an expenditure
to aid or defeat a speaker candidate from political contributions,
interest earned on political contributions, or an asset purchased with
political contributions in violation of Section 302.0191.
(f) Provides that an offense under this section is a Class A misdemeanor,
rather than punishable by a fine of not less than $500 nor more than
$5,000, by imprisonment for not more than one year, or by both.
SECTION 3.06. (a) and (b) Make application of Section 302.021, Government
Code, as amended by this Act, prospective to September 1, 2003.
ARTICLE 4. LOBBYING
SECTION 4.01. Amends the heading to Subchapter A, Chapter 305, Government
Code, to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS; REGISTRATION
SECTION 4.02. Amends Section 305.002, Government Code, by adding
Subdivisions (12) and (13), to define "client" and "person associated with
the registrant."
SECTION 4.03. Amends Section 305.003, Government Code, by amending
Subsection (b) and adding Subsections (b-1) and (b-2), as follows:
(b) A portion of Subsection (b) is redesignated as Subsection (b-1).
(b-1) Provides that Subsection (a)(2) does not require a member of the
judicial, legislative, or executive branch of state government or an
officer or employee of a political subdivision of the state to register.
Provides that this subsection does not apply to an officer or employee of
a quasi-governmental agency. Defines "quasi-governmental agency."
(b-2) Provides that Subsection (a)(2) does not require an officer or an
employee of a state agency that provides utility services under Section
35.102 (State Authority to Sell or Convey Power), Utilities Code, and
Sections 31.401 (Natural Gas Acquisition Contracts) and 52.133 (Payment of
Royalty in Kind), Natural Resources Code, to register.
SECTION 4.04. Amends Section 305.005, Government Code, by amending
Subsections (a) and (k) and adding Subsection (f-1), as follows:
(a) Requires each person required to register under this chapter to file
a written registration with TEC and to submit a registration fee. Makes
conforming changes.
(f-1) Requires the registration to also contain an affirmative or
negative response as to whether the registrant works for, is employed by,
is of counsel to, works as an independent contractor to, or otherwise
receives compensation from, for the purpose of communicating directly with
a member of the legislative or executive branch, an employer or other
entity that employs or retains as an independent contractor a member or
member-elect of the legislature, that has a member or member-elect who is
designated of counsel, or from which a member or member-elect otherwise
receives compensation. Requires the registration, if the response is
affirmative, to contain the name of the employer or other entity with
which the registrant has this relationship and the name of the member or
member-elect.
(k) Requires a registrant, if there is a change in the information
required to be reported by a registrant under Subsection (f-1), to file an
amended statement reflecting the change with TEC not later than the fifth
business day after the date on which the relationship that requires
disclosure under Subsection (f-1) begins. Makes a conforming change.
SECTION 4.05. Amends Section 305.006(a), Government Code, to make a
conforming change.
SECTION 4.06. Amends Subchapter A, Chapter 305, Government Code, by
adding Section 305.0064, as follows:
Sec. 305.0064. ELECTRONIC FILING OF REGISTRATIONS AND ACTIVITY REPORTS.
(a) Requires each registration filed under Section 305.005 and each
report filed under Section 305.006, except as provided by Subsection (b),
to be filed by computer diskette, modem, or other means of electronic
transfer, using computer software provided by TEC or computer software
that meets TEC specifications for a standard file format.
(b) Requires TEC to adopt rules under which a registrant may file paper
registrations or reports on forms prescribed by TEC. Requires the rules
to be designed to ensure that use of the electronic filing system under
Subsection (a) is maximized, and authorizes registrants to file paper
registrations or reports for good cause only.
(c) Requires TEC to implement an electronic filing system under
Subsection (a) not later than December 1, 2004. Requires TEC by rule to
identify the date on which the requirement that a registration must be
made as required by Subsection (a) takes effect and the first reporting
period under Section 305.007 for which a report must be made as required
by Subsection (a). Provides that this subsection expires January 1, 2005.
(d) Provides that a registration fee under Section 305.005(c)(1) or (2)
for the calendar years 2004 and 2005 is increased by an amount determined
by TEC as sufficient to generate additional revenue necessary to develop
and implement an electronic filing system under Subsection (a).
Authorizes additional revenue generated by a fee increase under this
subsection to be used only to develop and implement the electronic filing
system. Authorizes TEC to impose a different increase for each fee under
Section 305.005(c). Provides that this subsection expires January 1,
2006.
SECTION 4.07. Amends Subchapter A, Chapter 305, Government Code, by
adding Sections 305.012 and 305.013, as follows:
Sec. 305.012. CONTINUING EDUCATION. (a) Requires TEC by rule to
establish a continuing education program for registrants. Requires the
program to address issues involving lobbying, ethics, political
contributions and expenditures, and other issues as determined by TEC.
(b) Requires rules adopted under this section to meet certain criteria.
(c) Requires a person registered under this chapter for a period of at
least four months in a calendar year to comply with the minimum continuing
education requirements. Provides that a registrant who does not comply
with the minimum continuing education requirements is not eligible to
renew the person's registration.
(d) Requires TEC to adopt a procedure to assess a registrant's
participation in the continuing education program.
Sec. 305.013. POSTING ON INTERNET OF EMPLOYERS OF LOBBYISTS AND
LEGISLATORS. (a) Requires TEC to post on its Internet website a list of
business entities with which a registrant and a member or member-elect of
the legislature are associated, identifying certain information for each
entity.
(b) Provides that for purposes of this section, a registrant or a member
or member-elect of the legislature is associated with a business entity if
the person is an employee of the entity; is designated "of counsel" by the
entity; works as an independent contractor for the entity; or otherwise
receives compensation from the entity.
SECTION 4.08. Amends Sections 305.028(b), (c), and (f)-(h), Government
Code, as follows:
(b) Prohibits a registrant, except as permitted by Subsection (c), from
representing a client, rather than a person, in communicating directly
with a member of the legislative or executive branch to influence a
legislative subject matter, rather than legislation, or an administrative
action if the representation of that client involves certain matters or
appears to be limited by certain factors. Removes references to a partner
of a registrant and to potential limitations. Makes conforming and
nonsubstantive changes.
(c) Authorizes a registrant to represent a client in the circumstances
described in Subsection (b) if certain conditions are met, including if
the registrant, not later than the 10th day after the date the registrant
becomes aware of a conflict described by Subsection(b), files with TEC a
statement that contains certain information, including the name and
address of each affected client.
(f) Requires a registrant, in each report filed with TEC, to, under oath,
affirm that the registrant has, to the best of the registrant's knowledge,
complied with this section.
(g) Requires, rather than authorizes, TEC, if it determines a violation
of this section has occurred, after notice and hearing, to impose a civil,
rather than any, penalty in an amount not to exceed $2,000, rather than
that TEC may impose under another state law.
(h) Provides that a penalty under this section is in addition to any
other enforcement, criminal, or civil action that TEC or another person
may take under this chapter or other law.
SECTION 4.09. Amends Section 305.031(a), Government Code, to modify a
statutory reference to conform to changes made in this Act.
SECTION 4.10. Amends Section 305.033(b), Government Code, to provide that
if a registration or report is determined to be late, the person
responsible for the filing is liable to the state for payment of a civil
penalty of $500, rather than in an amount determined by TEC rule but not
to exceed $100 for each day that the registration or report is late.
SECTION 4.11. Repealers: Sections 305.028(a) (pertaining to a conflict
of interest) and 305.031(c) (pertaining to a penalty for conflict of
interest), Government Code.
SECTION 4.12. (a) Requires TEC, not later than November 1, 2003, to
adopt rules establishing a continuing education program for lobbyists as
required by Section 305.012, Government Code, as added by this Act.
Provides that the program applies beginning January 1, 2004.
(b) Makes application of Sections 305.028 and 305.031, Government Code,
as amended by this Act, prospective to September 1, 2003.
(c) Makes application of Section 305.033(b), Government Code, as amended
by this Act, prospective to September 1, 2003.
ARTICLE 5. PERSONAL FINANCIAL DISCLOSURE BY AND STANDARDS OF
CONDUCT FOR STATE OFFICERS AND EMPLOYEES
SECTION 5.01. Amends Section 572.021, Government Code, to modify a
statutory reference to conform to changes made in this Act.
SECTION 5.02. Amends Section 572.022(c), Government Code, to require an
individual filing a certain statement to report a description of real
property by reporting the street address, if available, or the number of
lots or number of acres, as applicable, in each county, and the name of
the county, if the street address is not available.
SECTION 5.03. Amends Section 572.023, Government Code, by amending
Subsection (b) and adding Subsections (c) and (d), as follows:
(b) Provides that the account of financial activity consists of, among
other elements, a political contribution that was reported as required by
Chapter 254, Election Code, rather than law; identification of the source
and the category of the amount of all income received as beneficiary of a
trust, other than a blind trust that complies with Subsection (c), and
identification of each trust asset, if known to the beneficiary, from
which income was received by the beneficiary in excess of $500;
identification by description and the category of the amount of all assets
and liabilities of a corporation, firm, partnership, limited partnership,
limited liability partnership, professional corporation, professional
association, joint venture, or other business association in which 50
percent or more of the outstanding ownership was held, acquired, or sold;
a list of all boards of directors of which the individual is a member and
executive positions that the individual holds in corporations, firms,
partnerships, limited partnerships, limited liability partnerships,
professional corporations, professional associations, joint ventures, or
other business associations or proprietorships, stating the name of each
corporation, firm, partnership, limited partnership, limited liability
partnership, professional corporation, professional association, joint
venture, or other business association or proprietorship and the position
held; any corporation, firm, partnership, limited partnership, limited
liability partnership, professional corporation, professional association,
joint venture, or other business association, excluding a publicly held
corporation, in which both the individual, rather than state officer, and
a person registered under Chapter 305 have an interest; identification by
name and the category of the number of shares of any mutual fund held or
acquired, and if sold, the category of the amount of net gain or loss
realized from the sale; and identification of each blind trust that
complies with Subsection (c), including certain information.
(c) Provides that for purposes of Subsections (b)(8) and (14), a blind
trust is a trust as to which the trustee: is a disinterested party; is not
the individual or a person related to the individual within the first
degree by consanguinity or affinity, as determined under Subchapter B,
Chapter 573; is not a public officer or public employee; and was not
appointed to public office by the individual or by a public officer or
public employee the individual supervises; and the trustee is required to
notify the individual of the date of disposition and value at disposition
of any original investments or interests in real property so that
information can be reported on the individual's financial statement.
(d) Provides that if a blind trust under Subsection (c) is revoked while
the individual is subject to this subchapter, or if the individual learns
of any replacement assets of the trust, the individual is required to file
an amendment to the individual's most recent financial statement,
disclosing the date of revocation and the previously unreported value by
category of each asset and the income derived from each asset. Provides
that for purposes of this section, any replacement asset of which the
individual learns is treated after the date the individual learns of the
replacement as though it were an original asset of the trust.
SECTION 5.04. Amends Subchapter B, Chapter 572, Government Code, by
adding Sections 572.0251, 572.0252, and 572.0253, as follows:
Sec. 572.0251. INFORMATION ABOUT LEGISLATIVE CONTINUANCES. Requires a
member or member-elect of the legislature licensed to practice law in this
state who represents a party to a civil or criminal case for compensation
and on that party's behalf applies for or obtains a legislative
continuance under Section 30.003 (Legislative Continuance), Civil Practice
and Remedies Code, or under another law or rule that requires or permits a
court to grant a continuance on the grounds that an attorney for a party
is a member or member-elect of the legislature to report certain
information on the financial statement.
Sec. 572.0252. INFORMATION ABOUT CONTRACTS WITH GOVERNMENTAL ENTITIES.
(a) Requires a member of, or candidate for, the legislature to report, on
the financial statement, each contract between the member or candidate and
a governmental entity under which the member or candidate receives
compensation, and each class of measures or bills it is reasonably
foreseeable will have an effect on the contract.
(b) Authorizes a member of, or candidate for, the legislature who has
more than one contract with a governmental entity to report the contracts
as a class for each governmental entity with whom the member or candidate
has a contract.
(c) Requires a member of the legislature who enters into a contract with
a governmental entity after January 1 of an odd-numbered year and before
May 31 of an odd-numbered year to file an amended financial statement that
includes the information required by Subsection (a) in regard to the
contract. Requires the amended statement to be filed not later than the
seventh business day after the date the member enters into the contract.
Sec. 572.0253. INFORMATION ABOUT REFERRALS. Requires a state officer who
is an attorney to report making or receiving any referral for compensation
for legal services and the amount of any fee accepted for making a
referral for legal services.
SECTION 5.05. Amends Section 572.033(b), Government Code, to provide that
if a statement is determined to be late, the individual responsible for
filing the statement is liable to the state for a civil penalty of $500.
Deletes text referring to the penalty amount determined by TEC, not to
exceed $100 a each day the statement is late.
SECTION 5.06. Amends Section 572.051, Government Code, as follows:
Sec. 572.051. STANDARDS OF CONDUCT. (a) Creates this subsection from
existing text. Prohibits a state officer or employee from intentionally
or knowingly soliciting, accepting, or agreeing to accept any economic
benefit, compensation, or contract from a governmental or other entity
that the officer or employee knows, or should know, would not be offered,
or paid to, or made with the officer or employee but for the officer's or
employee's position as a state officer or employee, in addition to certain
other actions. Makes nonsubstantive changes.
(b) Provides that this section does not apply to the solicitation,
acceptance, or agreement to accept a benefit described by Section 36.10
(Non-Applicable), Penal Code.
(c) Provides that a member of the legislature who violates this section
is subject to discipline by the house to which the member belongs, as
provided by Section 11, Article III (Rule of Procedure; Expulsion of
Member), Texas Constitution. Provides that any other state officer who
violates this section is subject to removal from office for official
misconduct as provided by law. Provides that a state employee who
violates this section is subject to termination of employment.
(d) Provides that discipline, removal, or termination under Subsection
(c) is in addition to any civil or criminal penalty that applies to the
person's conduct.
SECTION 5.07. Amends Section 572.052(a), Government Code, to prohibit a
member of the legislature from, for compensation, representing another
person before a state agency in the executive branch of state government
unless the representation is pursuant to an attorney-client relationship
in a criminal law matter. Deletes text that sets forth exceptions from
the prohibition.
SECTION 5.08. Amends Subchapter C, Chapter 572, Government Code, by
adding Section 572.0531, as follows:
Sec. 572.0531. NOTICE REQUIRED FOR INTRODUCTION OR SPONSORSHIP OF OR
VOTING ON CERTAIN MEASURES OR BILLS BY LEGISLATORS. (a) Requires a member
to file a notice as required by Subsection (b) before introducing,
sponsoring, or voting on a measure or bill if the member's spouse or a
person related to the member within the first degree by consanguinity, as
determined under Subchapter B, Chapter 573 (Relationships by Consanguinity
or Affinity), is registered as a lobbyist under Chapter 305 (Registration
of Lobbyists) with respect to the subject matter of the measure or bill.
(b) Requires a member of the house of representatives to whom Subsection
(a) applies to file a written notice of that fact with the chief clerk of
the house of representatives. Requires a senator to whom Subsection (a)
applies to file a written notice of that fact with the secretary of the
senate. Requires the member also to file a notice with TEC. Sets forth
the required content of a notice filed under this subsection.
(c) Requires a person related to the member to whom Subsection (a)
applies to file a notice with TEC identifying the person, the member, and
the class of measures or bills with respect to which notice is required
under this section.
(d) Requires a person related to the member to whom Subsection (a)
applies to file the notice required by Subsection (c) within a certain
timeframe.
(e) Requires a member, if it is reasonably foreseeable that a class of
measures or bills will have an effect on a contract between a member and a
governmental entity, to file a financial statement that includes the
information required by Section 572.0252 before introducing, sponsoring,
or voting on a measure or bill in the class of measures or bills.
(f) Provides that a member of the legislature who violates this section
is subject to discipline by the house to which the member belongs, as
provided by Section 11, Article III (Rule of Procedure; Expulsion of
Member), Texas Constitution.
(g) Provides that in this section "communicates directly with" and
"member of the legislative branch " have the meanings assigned by Section
305.002 (Definitions).
SECTION 5.09. Amends Section 30.003, Civil Practice and Remedies Code, by
adding Subsection (g) to require the attorney, if the attorney for a party
seeking a continuance under this section is a member or member-elect of
the legislature, to file a copy of the application for a continuance with
TEC. Requires the copy to be sent to TEC not later than the third
business day after the date on which the attorney files the application
with the court.
SECTION 5.10. (a) Makes application of Section 572.052, Government Code,
as amended by this Act prospective.
(b) Makes application of Sections 572.022 and 572.023, Government Code,
as amended by this Act, and Sections 572.0251 and 572.0252, Government
Code, as added by this Act, which apply only to a financial statement
required to be filed under Subchapter B, Chapter 572 (Personal Financial
Statement), Government Code, prospective to January 1, 2004.
(c) Makes application of Section 572.033(b), Government Code, as amended
by this Act, prospective.
(d) Makes application of Section 30.003, Civil Practice and Remedies
Code, as amended by this Act, prospective.
ARTICLE 6. PERSONAL FINANCIAL DISCLOSURE BY AND STANDARDS OF
CONDUCT FOR LOCAL GOVERNMENT OFFICERS
SECTION 6.01. Amends Subtitle A, Title 5, Local Government Code, by
adding Chapter 145, as follows:
CHAPTER 145. FINANCIAL DISCLOSURE BY AND STANDARDS
OF CONDUCT FOR LOCAL GOVERNMENT OFFICERS
Sec. 145.001. APPLICABILITY OF CHAPTER. Provides that this chapter
applies only to a municipality with a population of 350,000 or more.
Sec. 145.002. DEFINITION. Defines "municipal officer."
Sec. 145.003. FINANCIAL STATEMENT REQUIRED. (a) Requires a municipal
officer or a candidate for a municipal office filled by election to file a
financial statement as required by this chapter.
(b) Requires the statement to be filed with the clerk or secretary of the
municipality in which the officer or candidate resides and to comply with
Sections 572.022 (Reporting Categories) and 572.023 (Contents of Financial
Statement in General), Government Code.
Sec. 145.004. FILING DATES; TIMELINESS OF FILING. (a) Requires a
municipal officer to file the financial statement required by this chapter
within the time prescribed by Section 572.026(a) (Filing Dates for State
Officers and Party Chairman), Government Code.
(b) Requires a person who is appointed to a municipal office to file the
financial statement required by this chapter within the time prescribed by
Section 572.026(c) (Filing Dates for State Officers and Party Chairman),
Government Code.
(c) Requires a candidate for a municipal office filled by election to
file the financial statement required by this chapter not later than the
earlier of the 20th day after the deadline for filing an application for a
place on the ballot in the election, or the fifth day before the date of
the election.
(d) Provides that the timeliness of the filing is governed by Section
572.029 (Timelines of Filing), Government Code.
(e) Authorizes a municipal officer or a person who is appointed to a
municipal office to request the clerk or secretary of the municipality to
grant an extension of not more than 60 days for filing the statement.
Requires the clerk or secretary to grant the request if it is received
before the filing deadline or if the officer's physical or mental
incapacity prevents the officer from filing the statement or requesting an
extension before the filing deadline. Prohibits the clerk or secretary
from granting more than one extension to a person in one year except for
good cause shown.
(f) Prohibits the clerk or secretary from granting an extension to a
candidate for a municipal office filled by election.
Sec. 145.005. FORM OF STATEMENT. (a) Requires the clerk or secretary of
the municipality to require that the form designed by TEC under Chapter
572 (Personal Financial Disclosure, Standards of Conduct, and Conflicts of
Interest), Government Code, be used for filing the financial statement.
(b) Requires the clerk or secretary to mail two copies of the form to
each municipal officer or person who is appointed to a municipal office
who is required to file under this chapter within the time prescribed by
Section 572.030(c)(1) (Preparation and Mailing of Forms), Government Code.
Requires the clerk or secretary to mail a copy of the form to each
candidate for a municipal office filled by election who is required to
file under this chapter not later than the 10th day before the deadline
for filing the statement under Section 145.004(c).
Sec. 145.006. DUPLICATE OR SUPPLEMENTAL STATEMENTS. Provides that if a
person has filed a financial statement under one provision of this chapter
covering the preceding calendar year, the person is not required to file a
financial statement required under another provision of this chapter
covering that same year if, before the deadline for filing the statement
under the other provision, the person notifies the clerk or secretary of
the municipality in writing that the person has already filed a financial
statement under this chapter covering that year.
Sec. 145.007. PUBLIC ACCESS TO STATEMENTS. (a) Provides that financial
statements filed under this chapter are public records. Requires the
clerk or secretary of the municipality to maintain the statements in
separate alphabetical files and in a manner that is accessible to the
public during regular office hours.
(b) Requires the clerk or secretary, until the first anniversary of the
date a financial statement is filed, each time a person, other than the
clerk or secretary of the municipality or an employee of the clerk or
secretary who is acting on official business, requests to see the
financial statement, to place in the file a statement of the person's name
and address, whom the person represents, and the date of the request.
Requires the clerk or secretary to retain that statement in the file until
the first anniversary of the date the requested financial statement is
filed.
(c) Authorizes the clerk or secretary of the municipality to, and on
notification from a former officer or candidate requires the clerk or
secretary to, destroy any financial statements filed by the officer or
candidate after the second anniversary of the date the person ceases to be
an officer or candidate, as applicable.
Sec. 145.008. NOTIFICATION TO PROSECUTING ATTORNEY. Requires the clerk
or secretary of each municipality to maintain a list of the municipal
officers and candidates for municipal office required to file a financial
statement under this chapter. Requires the municipal clerk, not later than
the 10th day after each applicable filing deadline, to provide to the
municipal attorney a copy of the list showing certain information for each
municipal officer and candidate for municipal office.
Sec. 145.009. CRIMINAL PENALTY. (a) Provides that a municipal officer
or a candidate for a municipal office filled by election commits an
offense if the officer or candidate knowingly fails to file a financial
statement as required by this chapter.
(b) Provides that an offense under this section is a Class B misdemeanor.
(c) Provides that it is a defense to prosecution under this section that
the officer or candidate did not receive copies of the financial statement
form required to be mailed to the officer or candidate by this chapter.
Sec. 145.010. CIVIL PENALTY. (a) Authorizes a person who determines
that a person required to file a financial statement under this chapter
has failed to do so, to notify in writing the municipal attorney of the
municipality.
(b) Requires the municipal attorney, on receipt of a written notice under
Subsection (a), to determine from any available evidence whether the
person to whom the notice relates has failed to file a statement.
Requires the municipal attorney, on making that determination, to
immediately mail by certified mail a notice of the determination to the
person responsible for filing the statement.
(c) Provides that if the person responsible for filing the statement fails
to file the statement before the 30th day after the date the person
receives the notice under Subsection (b), the person is civilly liable to
the municipality for an amount not to exceed $1,000.
(d) Requires a penalty paid under this section to be deposited to the
credit of the general fund of the municipality.
SECTION 6.02. Amends Subchapter A, Chapter 159, Local Government Code, by
adding Section 159.0071, as follows:
Sec. 159.0071. NOTIFICATION TO PROSECUTING ATTORNEY. Requires the county
clerk of each county to maintain a list of the county officers and
candidates for county office required to file a financial statement under
this subchapter. Requires the county clerk, not later than the 10th day
after each applicable filing deadline, to provide to the county attorney
or criminal district attorney a copy of the list showing certain
information for each county officer and candidate for county office.
SECTION 6.03. Amends Chapter 171, Local Government Code, by adding
Section 171.010, as follows:
Sec. 171.010. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS. (a) Provides
that this section applies only to an officer of a county with a population
of more than one million or a junior college district, any part of which
is located in a county described by Subdivision (1).
(b) Authorizes the commissioners court of a county or the governing body
of a school district or a junior college district to regulate conflicts of
interest of and related ethical issues involving elected officers of the
county or district, as appropriate.
(c) Prohibits a regulation authorized by Subsection (b) from being
inconsistent with a provision of this chapter, except that the
commissioners court or governing body is authorized to adopt a regulation
that is more stringent than a provision of this chapter.
(d) Authorizes the commissioners court of a county or governing body of a
school district or junior college district to adopt procedures for the
enforcement of regulations adopted under this section, including
procedures authorizing suit to be brought in the district court for
appropriate injunctive relief to prevent the violation or threatened
violation of a regulation adopted under this section from continuing or
occurring.
(e) Authorizes the commissioners court of a county or governing body of a
school district or junior college district to impose a civil penalty for a
violation of a regulation adopted under this section. Prohibits the
amount of a civil penalty under this subsection from exceeding the lesser
of $2,000 or three times the amount at issue in the violation.
(f) Provides that a person commits an offense if the person violates a
regulation adopted under this section. Provides that an offense under
this section is a Class C misdemeanor.
SECTION 6.04. Amends Subtitle C, Title 5, Local Government Code, by
adding Chapter 176, as follows:
CHAPTER 176. DISCLOSURE OF CERTAIN RELATIONSHIPS WITH LOCAL GOVERNMENT
OFFICERS
Sec. 176.001. APPLICABILITY OF CHAPTER. Provides that this chapter
applies only to a county with a population of 2.2 million or more, a
municipality with a population of 1.18 million or more, and a local
governmental entity that is appointed by a county or municipality
described by this section.
Sec. 176.002. DEFINITIONS. Defines "family member," "local governmental
entity," and "local government officer."
Sec. 176.003. APPLICABILITY TO CERTAIN VENDORS AND OTHER PERSONS. (a)
Provides that this chapter applies to a person who contracts, or seeks to
contract, for the sale or purchase of property, goods, or services with a
county, municipality, or local governmental entity or 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) Exempts a person from this chapter under Subsection (a) if the person
is a state, a political subdivision of a state, the federal government, or
a foreign government or an employee of an entity described by Subdivision
(1), acting in the employee's official capacity.
Sec. 176.004. CONFLICTS DISCLOSURE STATEMENT. (a) Requires the
commissioners court of a county or the governing body of a municipality to
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. Sets forth the required
content of the conflicts disclosure statement.
(b) Requires a local government officer to 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), under
certain circumstances.
(c) Requires the local government officers of the local governmental
entity, 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, to use the conflicts disclosure statement adopted
by the commissioners court.
(d) Provides that 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). Provides that an offense under
this subsection is a Class B misdemeanor.
(e) Authorizes a county or municipality to 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. Authorizes a county, municipality, or local governmental
entity to 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) Provides that this section applies only to a person
described by Section 176.003(a) who responds to a request for proposals or
bids of a county, municipality, or local governmental entity; 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; requests action by the county,
municipality, or local governmental entity on a plat or permit.
(b) Requires the commissioners court of a county or the governing body of
a municipality to 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) Requires a person described by Subsection (a) to 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 begins contract discussions or
negotiations with the county, municipality, or local governmental entity;
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 submits a request for
approval of a plat or permit.
(d) Requires a person described by Subsection (a) to file an updated
completed questionnaire with the custodian of records of the county,
municipality, or local governmental entity not later than September 1 of
each year in which an activity described by Subsection (a) is pending, and
the seventh day after the date of an event that would make a statement in
the questionnaire incomplete or inaccurate.
(e) Provides that 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. Requires the contract to
state the substance of this subsection.
Sec. 176.006. ELECTRONIC FILING. Authorizes the requirements of this
chapter, including signature requirements, to be satisfied by electronic
filing in a form approved by the county, municipality, or local
governmental entity.
Sec. 176.007. POSTING ON INTERNET. Requires a county or municipality
that adopts a conflicts disclosure statement and a conflict of interest
questionnaire under this chapter to 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. Provides that the requirements of
this chapter are in addition to any other disclosure required by law.
SECTION 6.05. Makes application of Chapter 145, Local Government Code, as
added by this Act, prospective to January 1, 2004. Provides that a
municipal officer or candidate for municipal office is not required to
include financial activity occurring before January 1, 2003, in a
financial disclosure statement under Chapter 145, Local Government Code,
as added by this Act.
SECTION 6.06. Makes application of Section 176.005(e), Local Government
Code, as added by this Act, prospective.
SECTION 6.07. Requires each county and municipality subject to Chapter
176, Local Government Code, as added by this Act, to adopt the conflicts
disclosure statement and the conflict of interest questionnaire required
by that chapter not later than December 31, 2003.
SECTION 6.08. (a) Provides that 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) Provides that 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.
ARTICLE 7. MISUSE OF CONFIDENTIAL INFORMATION BY GOVERNMENTAL OFFICER OR
EMPLOYEE
SECTION 7.01. Amends the heading to Section 552.352, Government Code, to
read as follows:
Sec. 552.352. DISTRIBUTION OR MISUSE OF CONFIDENTIAL INFORMATION.
SECTION 7.02. Amends Section 552.352, Government Code, by adding
Subsections (a-1) and (a-2), as follows:
(a-1) Provides that an officer or employee of a governmental body who
obtains access to confidential information under Section 552.008
(Information for Legislative Purposes) commits an offense if the officer
or employee knowingly uses the confidential information for a purpose
other than the purpose for which the information was received or for a
purpose unrelated to the law that permitted the officer or employee to
obtain access to the information, including solicitation of political
contributions or solicitation of clients, permits inspection of the
confidential information by a person who is not authorized to inspect the
information, or discloses the confidential information to a person who is
not authorized to receive the information.
(a-2) Provides that for purposes of Subsection (a-1), a member of an
advisory committee to a governmental body who obtains access to
confidential information in that capacity is considered to be an officer
or employee of the governmental body.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. This Act takes effect September 1, 2003.