BILL ANALYSIS
By: Denny
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Under current law, appointed state officers, like elected state officials, are required to file personal financial statements with the Texas Ethics Commission. It is unclear whether these appointed officials are required to continue to file these statements after the period during which they actually serve. This especially true for appointed officers who resign, but whose successors have not yet been qualified for the office, and for appointed officers whose office is abolished. CSHB 2511 clarifies that appointed officers are not required to file financial statements during this time.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
CSHB 2511 amends the Government Code by providing an exception to the requirement that state officers file verified financial statements with the Texas Ethics Commission. The bill provides that an appointed officer:
is not required to file a personal financial statement that is due because of service after the date of resignation, term expiration, or the date that the agency is abolished or functions transferred.
The bill requires such an appointed officer who resigns or whose term expires who does not intend to participate in the functions of the state agency to deliver written notice of this intent to the governor and the Texas Ethics Commission.
EFFECTIVE DATE
Upon passage, or if the bill does not receive a vote of two-thirds of the members elected to each house, on September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the original by adding the requirement that the appointed officer notifies the governor and the Texas Ethics Commission of intent to not participate in the functions of the agency. The substitute also conforms the bill to Legislative Council style, including changing the caption of the bill.