C.S.H.B. 1606 78(R) BILL ANALYSIS
C.S.H.B. 1606
By: Wolens
Ethics, Select
Committee Report (Substituted)
BACKGROUND AND PURPOSE
In 1991, the Legislature proposed a constitutional amendment, which was
adopted by the voters, to create the Texas Ethics Commission (commission).
Since that time, the commission's responsibilities and authority have
remained essentially unchanged. The commission is subject to review under
the Texas Sunset Act this year.
On January 30, 2003, Tom Craddick, Speaker of the House, issued a
proclamation creating the House Select Committee on Ethics. The Speaker's
proclamation vested the committee with jurisdiction over all matters
pertaining to the ethics of government officers and employees, including
the regulation of lobbying and personal financial disclosure, the
commission, and the statutes under the jurisdiction of the commission.
C.S.H.B. 1606 responds to the Speaker's proclamation by making changes to
existing laws related to ethics in three general areas: the functions and
duties of the Texas Ethics Commission; the regulation of political
contributions, political advertising, lobbying, and the conduct of public
servants; and the reporting of political contributions and personal
financial information. In addition, the bill incorporates recommendations
of the Sunset Advisory Commission.
RULEMAKING AUTHORITY
It is the committee's opinion that the bill expressly grants rulemaking
authority to the Texas Ethics Commission in the following sections:
Art. 2, Section 2.03 (Section 252.0131, Election Code);
Art. 3, Section 3.02 (Section 302.013(e), Government Code); and
Art. 4, Section 4.05 (Section 305.0064, Government Code).
ANALYSIS
ARTICLE 1. FUNCTIONS AND DUTIES OF TEXAS ETHICS COMMISSION
C.S.H.B. 1606 amends the Government Code to subject the Texas Ethics
Commission to review, but not abolishment, under the Texas Sunset Act in
2015 and sets forth Sunset Advisory Commission across the board and
agency-specific recommendations including those regarding conflicts of
interest provisions applicable to commission members, grounds for removal
of commission members, training for commission members, separation of the
commission's policymaking duties from the agency's management functions,
and those requiring the executive director to provide information on
standards of conduct to members and employees of the commission, to
maintain an equal employment policy and program, and to provide commission
employees with information and training on the State Employee Incentive
Program, as well as provisions requiring non-discriminatory appointments
to the commission, the development and implementation of a policy for the
effective use of technology, the development and implementation of a
policy to encourage the use of negotiated rulemaking procedures and
alternative dispute resolution for disputes under the commission's
jurisdiction, excluding confidential hearing processes, and requiring the
maintenance of information on written complaints and notification to
complainants and respondents about commission policies for complaints and
quarterly status reports regarding complaints. C.S.H.B. 1606 also
requires the commission to perform facial audits of randomly selected
reports and statements, and provides procedures for the handling of these
facial audits.
C.S.H.B. 1606 also amends Chapter 571 of the Government Code to ensure
more timely resolution of matters addressed by the commission. First, the
bill creates a two-tiered enforcement process to provide for faster
resolution of complaints that allege violations that are generally not
difficult to ascertain ("Category One"). The violations identified as
generally not difficult ascertain include a failure to timely file
required reports and statements, failure to make required disclosures in
political advertising and failure to include a required right of way
notice, a failure to timely respond to a notice letter from the
commission, and failure to pay a filing fee required by the bill. The
bill provides that the executive director shall deem what would otherwise
be a Category One violation as a Category Two violation where the facts
warrant.
Second, C.S.H.B. 1606 provides specific deadlines to effectuate more
timely resolution of complaints submitted to the commission.
Specifically, the bill requires the commission to send a notice letter
(and specifies the contents of the letter) to the complainant and the
respondent not later than 5th business day after a legally sufficient
sworn complaint is received by the commission. In addition, C.S.H.B. 1606
requires a response to a notice of a Category 1 offense within 7 business
days of receipt of notice and a response to a notice letter in all other
matters within 20 business days of receipt of notice. Category 1
violations not resolved by agreement within 20 business days of receipt of
notice shall be set for preliminary review hearing at the next commission
meeting, and all other allegations not resolved by agreement within 60
business days of receipt of notice shall be set for preliminary review
hearing at the next commission meeting. To accommodate instances in which
the deadlines are not workable or would interfere with the just
adjudication of a matter, C.S.H.B. 1606 directs the commission to adopt
rules to include allowing the extension or tolling of the otherwise
applicable deadlines under specified circumstances.
To further facilitate the more timely processing and resolution of
complaints filed with the commission, C.S.H.B. 1606 amends Chapter 571 by
shifting from the commission to the executive director the initial
determination of whether a complaint is within the jurisdiction of the
commission, and shifts from the commission to the staff the responsibility
to promptly conduct a preliminary review on receipt of a sworn complaint
that complies with statutorily prescribed requirements. In addition, the
bill transfers processes from the current informal hearing stage to the
preliminary review hearing stage, thereby eliminating an unnecessary
bureaucratic step in the process, while preserving for the commission and
the respondent the opportunity to resolve complaints without resort to a
formal public hearing.
C.S.H.B. 1606 also amends the Government Code to address the commission's
investigative processes. First, the bill allows commission staff to pose
written questions to the complainant and respondent during a preliminary
review. Second, the bill allows the commission to submit written
questions in connection with a preliminary review hearing and require
those questions to be answered under oath. C.S.H.B. 1606 also extends the
Commission's current authority to subpoena witnesses and documents at
formal hearings, to the preliminary review stage, but only for good cause
and if the following additional criteria are satisfied: (1) the subpoena
must be approved by 6 of the 8 members of the commission; (2) the subpoena
must be for the purpose of attempting to obtain from the witness
specifically identified information, and therefore cannot be used as a
"fishing expedition;" (3) and must be based on the commission members'
objectively reasonable belief that: (I) the specifically identified
information is likely to be determinative of whether the subject of an
investigation has committed a violation of a law the commission is charged
with enforcing; (ii) the specifically identified information can be
determined from the documents sought or is known by the witness; and (iii)
the information is not reasonably available through a less intrusive
means. Thus, the subpoena process will be available as an aid to the
commission and to witnesses who cannot or would prefer to not come forward
voluntarily, but could never be used against a person who cooperated in a
request for the same information from the commission or its staff. The
bill also provides that a person who provides subpoenaed documents to the
commission is entitled to reimbursement from the commission for the
reasonable costs of producing the documents.
The third way in which C.S.H.B. 1606 addresses the commission's
investigative processes is by amending the Government Code to allow
commission staff to disclose otherwise confidential information for the
purpose of investigating a complaint only if (1) the employee makes a good
faith determination that the disclosure is necessary to the investigation;
(2) the employee's determination is objectively reasonable; (3) the
employee obtains the approval of the executive director; and (4) the
employee discloses only the information necessary to the investigation.
Under C.S.H.B. 1606, a commission staff member who disclosed confidential
information other than as allowed would be subject to termination of his
or her employment, prosecution for a Class C misdemeanor, and the current
civil liability in an amount equal to the greater of $10,000 or the amount
of actual damages.
To make information filed with the commission and commission forms more
accessible, the bill encourages the commission to make electronic filing
software available on internet and requires the commission to make its
complaint form available on the Internet, requires the commission to
inform the public of all enforcement orders that are not confidential by
posting the orders or summaries of the orders finding violations on the
Internet, and requires the commission to include in its bi-annual a
summary of commission activities, including the number of sworn complaints
filed, dismissed, settled through an agreed order, and the number
resulting in an order finding a violation.
C.S.H.B. 1606 also makes some changes regarding commission
decision-making. First, the bill requires the commission to find that a
preponderance of the evidence supports a finding of a violation. Second,
the bill requires the agreement of five of the commission's eight members
to render decisions on complaints, reports of violations, to agree to the
settlement of issues, and to make a final decision regarding whether a
violation was committed. The bill also makes all commission votes record
votes.
C.S.H.B. 1606 allows the executive director to refer a matter to a
prosecuting attorney if the executive director reasonably believes that
the person who is the subject of the complaint has violated Chapter 36 or
39, Penal Code. In making the referral, the executive director or
commission may disclose otherwise confidential information.
The bill also provides procedures for requesting a waiver or reduction of
a late filing penalty, and identifies criteria for the commission to
consider before acting to waive or reduce a civil penalty.
ARTICLE 2.CAMPAIGN FINANCE AND POLITICAL ADVERTISING
The bill directs the commission to adopt by rule a process by which the
commission may terminate the campaign treasurer appointment of an inactive
candidate or political committee. The bill also extends until the 20th
day after final adjournment of a legislative session the ban on political
contributions to a statewide officeholder, a member of the legislature,
and to a specific-purpose committee for supporting, opposing, or assisting
a statewide officeholder or a member of the legislature. The bill makes
the same amendment to the ban on contributions to a legislative caucus.
C.S.H.B. 1606 requires candidates, officeholders, and political committees
who are subject to semiannual reporting requirements and an annual report
of unexpended funds, to either pay an annual filing fee of $100 or file an
affidavit of inability to pay the filing fee not later than January 15.
The bill also refines the applicable reporting requirements. The bill
allows a candidate, officeholder, or committee to avoid electronic filing
on or after September 1, 2003, if the filer submits an affidavit that it
does not use a computer to keep records and that it does not accept or
spend more than $50,000 in a year. The bill also requires the treasurer
of a general purpose committee to identify any expenditures made by a
corporation or a labor organization to establish or administer the
committee or to finance the solicitation of political contributions to the
committee. The bill requires candidates for county chairs in counties
with more than 400,000 people to file reports of campaign contributions
and expenditures, and repeals the current exemption from the electronic
filing requirement for district judges, district attorneys, and judges of
multi-county statutory county courts subject to electronic filing
requirements. Finally, the bill requires the commission to post all
electronic reports on the internet within 2 business days of the filing of
the report.
C.S.H.B. 1606 amends the Government Code provisions regarding penalties
for late-filed reports that are required to be filed on or after September
1, 2003. The bill changes the civil penalty assessed for late filing of a
report (other than an 8 day report) from an amount to be determined by
commission rule, but not more than $100 per day for each late day, to a
$500 penalty, and changes the civil penalty assessed for late-filed 8 day
reports from an amount to be determined by commission rule, but not more
than $100 per day for each late day, to $500 for the first day it is late
and $100 each day thereafter. The bill does not change current law that
provides for a warning letter from the commission if any report is more
than 30 days late, and a civil penalty of not more than $10,000 if the
penalty is not paid within 10 days of receipt of the warning letter.
C.S.H.B. 1606 provides that the amount of a political expenditure is
readily determinable on the date the person receives the credit card that
includes the expenditure. The bill also expands the definition of
political advertising to include information posted on an internet
website.
ARTICLE 3.SPEAKER'S RACE
C.S.H.B. 1606 requires speaker candidates to declare their candidacies and
generally prohibits accepting donations or making campaign expenditures
except when a declaration of candidacy is in effect. The bill also
prohibits contributions to a speaker candidate from non-speaker campaign
or officeholder contributions or interest earned on or assets purchased
with such contributions. C.S.H.B. 1606 requires a former speaker candidate
to dispose of unexpended campaign funds within 6 years, and limits the
disposition of such funds to the retirement of debt incurred in connection
with the speaker candidacy, the return of the funds to donors, or the
donation of the funds to charity, and requires the speaker candidate to
report the disposition of the funds.
The bill also requires the commission to implement an electronic filing
system for speaker candidates and requires speaker candidates to use that
system.
ARTICLE 4.LOBBYING
C.S.H.B. 1606 increases the lobbyist registration fee for non-tax exempt
entities from $300 to $600. The bill requires the commission to develop an
electronic filing system for lobbyists by December 1, 2004, and to develop
rules that allow paper filing for good cause only. The bill also allows
the commission to increase the registration fee for lobbyists in calendar
years 2004 and 2005 by an amount determined by the commission to be
sufficient to recover the cost of developing and implementing the
electronic filing system for lobbyists, and restricts the use of these
fees to the development and implementation of the electronic filing
system.
C.S.H.B. 1606 generally prohibits a lobbyist from representing a client in
communications to influence a legislative subject matter or administrative
action if (1) the representation of that client involves a substantially
related matter in which that client's interests are materially and
directly adverse to the interests of another client of the lobbyist, the
lobbyist's employer, or another client of a "person associated with the
lobbyist" (defined as a partner, or other person professionally associated
with the registrant through a common business entity, other than a client,
that reimburses, retains, or employs the registrant), or (2) the
representation reasonably appears to be adversely limited by the
lobbyist's, the lobbyist's employer's, or an associated person's
responsibilities to another client or the lobbyist's or lobbyist's
employer's own interests, or an associated person's own business
interests. The bill allows the lobbyist to represent a client under these
circumstances only if (1) the lobbyist reasonably believes the
representation of each client will not be materially affected; (2) the
lobbyist provides notice to each affected client within 2 days of becoming
aware of the conflict; and (3) the lobbyist provides notice to the
commission within 10 days of becoming aware of the conflict, stating the
name and address of each affected client and that the lobbyist has
notified the clients.
The bill requires lobbyists to sign each report to the commission under
oath affirming that the lobbyist has complied with the conflict of
interests provisions, to the best of the lobbyist's knowledge. The bill
allows the commission to assess a civil penalty in an amount not to exceed
$2000 for a violation of the lobbyist conflict of interests provision, in
addition to any other enforcement, civil, or criminal action the
commission or another person may take against the lobbyist for the same
conduct, and repeals the provision of the Government Code that makes a
knowing violation of the conflict of interests provision a Class B
misdemeanor.
C.S.H.B. 1606 defines quasi-governmental agency as an agency, other than
an institution of higher education, that has as one of its primary
purposes engaging in an activity normally engaged in by a non-governmental
agencies, including acting as a trade association and competing in the
public utility business with private entities. The bill makes
quasi-governmental agencies subject to lobbyist registration requirements.
ARTICLE 5.PERSONAL FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR
STATE OFFICERS AND EMPLOYEES
C.S.H.B. 1606 amends the financial reporting requirements contained in
Chapter 572 of the Government Code, and the civil penalty provisions for
late filing. These changes include requiring the identification in
financial statement of real estate held by the address of the real estate,
if available, and the identification and reporting of mutual funds held or
acquired. In connection with financial disclosure requirements, the bill
changes outdated references to business organizations in current law to
include forms of business organizations now commonly used (i.e., limited
partnership, limited liability partnership, professional corporation,
professional association, and joint ventures), and harmonizes the
reporting requirements so that each reporting requirement applies equally
to each form of business organization.
C.S.H.B. 1606 allows the use of blind trusts only if specific criteria are
satisfied, including that the trustee is a disinterested party and has
complete discretion to manage the trust. The bill requires the
identification of blind trusts in financial disclosures, as well as a
statement signed by the trustee under penalty of perjury that the trustee
has not impermissibly disclosed information to the individual and that the
trust complies with the requirements for a blind trust, to the best of the
trustee's knowledge.
The bill also clarifies that the civil penalty for a late-filed statement
is $500. The bill does not change current law that provides for a warning
letter from the commission if any report is more than 30 days late, and a
civil penalty of not more than $10,000 if the penalty is not paid within
10 days of receipt of the warning letter.
C.S.H.B. 1606 also amends the Government Code to make a requirement of the
directive standards of conduct already applicable to state officers and
employees and provides that a member of the legislature who violates the
standards is subject to discipline under Section 11, Article III of the
Texas Constitution and any other state officer or employee is subject to
removal from office or termination of employment, in addition to any
criminal penalties that may follow from the offending conduct. The bill
prohibits a state officer or employee from intentionally or knowingly
soliciting, accepting, or agreeing to accept any economic benefit, other
than those permitted under Section 36.10, Penal Code, compensation, or
contract from a governmental or other entity that the officer or employee
knows or should know would not have been 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.
C.S.H.B. 1606 amends the current prohibition against a member of the
legislature representing another person for compensation before a state
agency in the executive branch of government by (1) eliminating the
existing exceptions to the prohibition and adding instead a new exception
allowing for the continued representation of another person for
compensation in an administrative proceeding that arises out of the same
facts from which a criminal proceeding in which the member represented the
person arose; and (2) extending the prohibition to include agencies in the
judicial branch of government, other than a court, if that agency receives
state funds and conducts adjudicative proceedings that are not open to the
public. The bill would make the new law applicable to representation
before a state agency in regard to a matter that, as to which, the member
is hired on or after September 1, 2003.
C.S.H.B. 1606 also amends the Government Code to clarify when a member of
the legislature is restricted from voting or taking other actions on
certain bills or measures. Under the bill, a member may not introduce,
sponsor, or vote on a measure or a bill, other than a measure that will
affect an entire class of business entities, if: (1) it is reasonably
foreseeable that the measure or bill will have an economic effect
distinguishable from its effect on the public on a business entity or real
property in which the member has a substantial interest; or (2) a person
related to the member in the second degree by consanguinity or affinity,
or a business entity that employs the member or a person related to the
member in the second degree by consanguinity or affinity, is registered as
a lobbyist under Chapter 305, with respect to the subject matter of the
measure or bill.
If it is reasonably foreseeable that the measure or bill will have the
same affect on a business entity or real property in which a member has a
substantial interest as it will have on an entire class of business
entities or real property, or if the measure or bill will have an affect
on a contract the member has with a governmental entity, the bill requires
the member to make a disclosure, prior to voting, sponsoring, or authoring
a bill or measure. The required disclosure must identify the member, the
measure or bill, and whether the disclosure is required in connection with
the recusal provision or the disclosure-only provision, and be filed both
with the House to which the member belongs and with the Texas Ethics
Commission. The bill also requires a person related to the member in the
second degree by consanguinity or affinity, or a business entity that
employs the member or a person related to the officer in the second degree
by consanguinity or affinity, who is registered as a lobbyist under
Chapter 305 regarding a particular bill or measure to file a disclosure
with the commission. The bill allows a member required to file a
disclosure because of a contract with a governmental entity to satisfy the
provision by filing either a disclosure for each bill or measure for which
disclosure would be required, or to file a list at the beginning of each
legislative session identifying each contract the member has with a
governmental entity and, during the legislative session, amend the list if
it changes.
C.S.H.B. 1606 bans legislative continuances.
ARTICLE 6.FINANCIAL DISCLOSURE BY MUNICIPAL OFFICERS
C.S.H.B. 1606 requires municipal officers (mayors, members of governing
bodies, municipal attorneys, and city managers) in municipalities with a
population of 200,000 or more to file financial statements with the clerk
or secretary of the municipality, and establishes filing deadlines and
procedures. The bill provides that the financial statements are public
records and provides procedures for maintenance and retention of the
statements.
C.S.H.B. 1606 requires the clerk or secretary of each municipality and
county subject to the filing requirement to maintain a checklist of the
names of the persons required to file financial statements and, not later
than the 10th day after each applicable filing deadline, to provide to the
municipal attorney that list, showing whether each person named timely
filed a statement as required, timely requested and was granted an
extension of time in which to file, or failed to timely file or seek and
receive an extension of time.
The bill also provides civil liability in an amount not to exceed $1,000
for any person who fails to file the required statement within 30 days of
receiving notice of a failure to timely file a required statement, and
provides that a penalty paid under this provision shall be deposited to
the credit of the general fund of the municipality. The bill also
provides that it is a Class B misdemeanor for a candidate for municipal
office filled by election to knowingly fail to file the required financial
statement.
EFFECTIVE DATE
Section 254.002, Election Code, as added by this Act, applies beginning
January 1, 2004.
Sections 572.022 and 572.023, Government Code, as amended by this Act,
apply only to a financial statement required to be filed under Subchapter
B, Chapter 572, Government Code, on or after January 1, 2004. A financial
statement required to be filed under Subchapter B, Chapter 572, Government
Code, before January 1, 2004, is governed by the law in effect at the time
the financial statement was required to be filed, and the former law is
continued in effect for that purpose.
Chapter 145, Local Government Code, as added by this Act, applies
beginning January 1, 2004.
This Act takes effect September 1, 2003.
COMPARISON OF ORIGINAL TO SUBSTITUTE
ARTICLE 1.FUNCTIONS AND DUTIES OF TEXAS ETHICS COMMISSION
C.S.H.B. 1606 restores the requirement deleted by the bill, as introduced,
that software developed by the commission be capable of being used by a
person with basic computing skills.
The substitute changes the requirements for some commission votes and
makes all commission votes record votes.
The substitute adds a requirement and procedures for the commission to
perform facial audits of randomly selected reports and statements.
The substitute adds particularity to the contents of the commission's
bi-annual report to the governor and legislature.
C.S.H.B. 1606 adds provisions relating to the recommendations of the
Sunset Advisory Commission, including across the board recommendations.
The substitute includes provisions creating a two-tier enforcement process
for the commission.
The substitute requires the commission to make its complaint form
available on the internet.
The substitute establishes specific deadlines for the commission
enforcement process.
The substitute shifts from the commission to the commission staff the duty
to promptly conduct a preliminary review and shifts from the commission to
the executive director the duty to determine whether the commission ha
jurisdiction over the violation alleged in a sworn complaint. The
substitute also includes a process for a complainant to challenge the
executive director's determination that the commission does not have
jurisdiction over a complaint.
The substitute specifies the contents of the notice letter sent to
complainants and respondents.
The substitute allows the commission staff to submit written questions
during the preliminary review.
The substitute requires the commission to adopt procedures for the conduct
of preliminary reviews and preliminary review hearings.
The substitutes shifts the commission's power to submit written questions
and to require the questions to be answered under oath from during the
preliminary review hearing to a time at or after the time the commission
provides notice of a preliminary review hearing.
The substitute modifies the grant to the commission of subpoena power in
the preliminary review stage by including the power to subpoena witnesses,
in addition to documents, and imposing a detailed criteria for the
issuance of a subpoena for either documents or witnesses and provides that
the witness is entitled to the reasonable cost of producing subpoenaed
documents.
The substitute includes provisions amending current law governing the
disclosure by commission employees of otherwise confidential information
in the course of an investigation.
The substitute requires the commission to post orders or summaries of
order on the internet in which the commission has determined that a person
committed a violation.
The substitute allows the executive director, under certain circumstances,
to refer a matter to a prosecuting attorney and to disclose otherwise
confidential information in connection with the referral.
ARTICLE 2.CAMPAIGN FINANCE AND POLITICAL ADVERTISING
The substitute deletes the language included in the original that expanded
the definition of political advertising to include electronic mail.
The substitute adds a provision allowing the commission to terminate a
campaign treasurer appointment.
The substitute changes from 30 to 20 the number of days after adjournment
of the legislative session that certain political contributions are
restricted.
The substitute provides that the amount of a political expenditure is
readily determinable on the date the person receives the credit card that
includes the expenditure.
The substitute allows a candidate, officeholder, or committee to avoid
electronic filing if filer submits an affidavit that it does not use a
computer to keep records and that it does not accept or spend more than
$50,000 in a year, and adds to the repeal contained in the original
version of the bill the exemption from the electronic filing requirement
for district attorneys.
The substitute deletes the word "political" from the description of
expenditures by corporations or labor unions to establish or administer
political committees, or to finance the solicitation of political
contributions to the committee, that must be identified and reported.
The substitute limits the campaign finance reporting requirements imposed
on county chairs by the original version of the bill to candidates for
election to the office of county chair in counties with more than 400,000
people.
ARTICLE 3.SPEAKER'S RACE
The Speaker's race section contained in the substitute was not in the bill
as originally filed.
ARTICLE 4.LOBBYING
The substitute adds the provisions regarding lobbyist conflict of
interests and the regulation as lobbyists of certain quasi-governmental
agencies.
The substitute expressly provides that the revenue generated by a fee
assessed by the commission against lobbyist registrants may be used only
to develop and implement the electronic filing system.
ARTICLE 5.PERSONAL FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR
STATE OFFICERS AND EMPLOYEES
The substitute adds the requirement that disclosures regarding real estate
identify the real estate by address, if available.
The substitute increases the scope of the reporting requirements to reach
investments held through a greater variety of business associations.
The substitute defines a permissible blind trust and specifies the
reporting requirements applicable to a blind trust.
The substitute amends the standards of conduct applicable to a state
officer or employee.
The substitute deletes the prohibition in the original bill against
representing another person for compensation before a political
subdivision, creates an exception to the prohibition for representation of
certain persons the member represented in a criminal proceeding, and adds
to the prohibition certain agencies in the judicial branch of government.
The substitute includes an amendment to the current prohibition against
members voting on certain matters and establishes a two-tier test
providing for the member's recusal in limited circumstances and for
disclosure of the member's interest in other matters, prior to the
member's continued participation in the matter.
The substitute deletes the provisions in the original bill prohibiting
state officers from contracting with a governmental entity.
The substitute deletes the provision in the original bill prohibiting the
employment of a state officer by a business entity engaged in lobbying.
ARTICLE 6.FINANCIAL DISCLOSURE BY MUNICIPAL OFFICERS
The substitute limits the applicability of the bill to municipalities with
a population of more than 200,000.
The substitute adds the requirement that the clerk or secretary of each
affected municipality and the clerk of each affected county maintain a
checklist of candidates required to file a financial statement and shall
provide the checklist to the prosecuting attorney.
The substitute restores Section 159.001, Local Government Code, repealed
by H.B. 1606, to limit the financial reporting requirements to counties
with a population of 100,000 or more.