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Amend HB 914 as follows:
(1) Between Sections 1 and 2 of the bill (Senate committee
report, page 4, between lines 40 and 41), insert the following new
sections, appropriately numbered:
SECTION __. Section 11.064, Education Code, as added by
Chapter 249, Acts of the 78th Legislature, Regular Session, 2003,
is redesignated as Subchapter C-1, Chapter 11, Education Code, and
amended to read as follows:
SUBCHAPTER C-1. FILING OF FINANCIAL STATEMENT BY TRUSTEES
Sec. 11.101. [11.064. FILING OF] FINANCIAL STATEMENT
REQUIRED IN DISTRICTS WITH ENROLLMENT OF AT LEAST 5,000 STUDENTS. A
trustee of an independent school district with an enrollment of at
least 5,000 students shall file the financial statement required of
state officers under Subchapter B, Chapter 572, Government Code,
with:
(1) the board of trustees of the district; and
(2) the Texas Ethics Commission.
Sec. 11.102. FILING OF FINANCIAL STATEMENT REQUIRED BY
BOARD RESOLUTION [BY TRUSTEE]. (a) The board of trustees of an
independent school district, other than a district to which Section
11.101 applies, may by resolution adopted by majority vote [may]
require each member of the board to file the financial statement
required of state officers under Subchapter B, Chapter 572,
Government Code, with:
(1) the board of trustees; and
(2) the Texas Ethics Commission.
(b) [(a-1)] Not later than the 15th day after the date a
board of trustees adopts a resolution under Subsection (a), the
board shall deliver a certified copy of the resolution to the Texas
Ethics Commission.
(c) [(a-2)] A resolution adopted under Subsection (a)
applies beginning on January 1 of the second year following the year
in which the resolution is adopted. A member of a board of trustees
that has adopted a resolution under Subsection (a) is not required
to include, in a financial disclosure statement under this section,
financial activity occurring before January 1 of the year following
the year in which the resolution is adopted.
Sec. 11.103. FINANCIAL STATEMENT REQUIRED ON ORDER OF
COMMISSIONER. (a) [(a-3)] The commissioner by order shall
require the members of the board of trustees of an independent
school district, other than a district to which Section 11.101
applies, to file the financial statement required of state officers
under Subchapter B, Chapter 572, Government Code, [in the same
manner as the members of a board of trustees that have adopted a
resolution under Subsection (a)] if the commissioner determines
that:
(1) a board member has failed to comply with filing and
recusal requirements applicable to the member under Chapter 171,
Local Government Code;
(2) the district financial accounting practices are
not adequate to safeguard state and district funds; or
(3) the district has not met a standard set by the
commissioner in the financial accountability rating system under
Subchapter I, Chapter 39.
(b) [(a-4)] The commissioner may require filing financial
statements under Subsection (a) [(a-3)] covering not more than
three fiscal years and beginning on January 1 of the second year
following the date of the commissioner's order. A member of a board
of trustees subject to an order issued under Subsection (a) [(a-3)]
is not required to include, in a financial disclosure statement
subject to this section, financial activity occurring before
January 1 of the year following the year in which the order is
issued.
(c) The commissioner may renew the requirement to file a
financial statement if the commissioner determines that a condition
described by Subsection (a) [(c)] continues to exist.
Sec. 11.104. APPLICABILITY OF GOVERNMENT CODE.
[(b)] Subchapter B, Chapter 572, Government Code:
(1) applies to a trustee subject to this subchapter
[section] as if the trustee were a state officer; and
(2) governs the contents, timeliness of filing, and
public inspection of a statement filed under this subchapter
[section].
Sec. 11.105. OFFENSE. (a) [(c)] A trustee serving in a
school district to which Section 11.101 applies, a district that
has adopted a resolution under Section 11.102, [Subsection (a)] or
a district that is subject to an order issued under Section 11.103
[Subsection (a-3)] commits an offense if the trustee fails to file
the statement required by Section 11.101, 11.102, or 11.103, as
applicable [the resolution or order].
(b) An offense under this section is a Class B misdemeanor.
SECTION __. Section 11.101, Education Code, as added by
this Act, applies beginning January 1, 2007. A trustee subject to
Section 11.101, Education Code, as added by this Act, is not
required to include financial activity occuring before January 1,
2006, in a financial disclosure statement required under Section
11.101, Education Code, as added by this Act.
(2) Between Sections 3 and 4 of the bill (Senate committee
report, page 4, between lines 51 and 52), insert the following new
section, appropriately numbered:
SECTION ___. Section 11.064, Education Code, as amended by
this Act, applies beginning January 1, 2007. A trustee subject to
Section 11.064, Education Code, as amended by this Act, is not
required to include financial activity occurring before January 1,
2006, in a financial disclosure statement under that section.
(3) Renumber the sections of the bill accordingly.
ELLIS
WENTWORTH