SRC-VRA H.B. 3021 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3021
By: Woolley (Williams)
Intergovernmental Relations
5/19/2003
Engrossed


DIGEST AND PURPOSE
Currently, a director or employee of a sports and community venue
districts is required to disclose a vendor relationship in a written
conflicts disclosure statement filed with the board secretary.  H.B. 3021
requires the disclosure of financial or business relationships by certain
individuals appointed to the board, and each member of the governing body
of the municipality or county that created the district.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  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 certain entities. 
 
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 meets certain criteria. 
  
(b)  Provides that a person is not subject to this chapter under
Subsection (a) if the person meets certain conditions. 

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.  Requires the conflicts
disclosure statement to include certain information. 
  
(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) if
certain conditions are met. 
 
(c)  Requires the local government officers of the local government
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 meets certain conditions. 
  
(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 performs certain tasks. 
 
(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 a specified
date. 
  
(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 2.  Makes application of Section 176.005(e), Local Government
Code, as added by this Act, prospective. 
 
SECTION 3.  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 4.(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.