79R3327 ESH-D

By:  Rose                                                         H.B. No. 476



A BILL TO BE ENTITLED

AN ACT

relating to the filing of financial statements by policy board 
members of metropolitan planning organizations; providing criminal 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 472, Transportation Code, 
is amended to read as follows:

SUBCHAPTER D.  METROPOLITAN PLANNING ORGANIZATIONS
	Sec. 472.031.  DEFINITIONS.  In this subchapter:                        
		(1)  "Metropolitan planning organization" means a 
metropolitan planning organization designated or redesignated 
under 23 U.S.C. Section 134.
		(2)  "Policy board" means the policy board of a 
metropolitan planning organization.
	Sec. 472.032.  VOTING PROXIES BY POLICY BOARD MEMBERS.  (a)  
A policy board [of a metropolitan planning organization designated 
or redesignated under 23 U.S.C. Section 134] may provide in its 
bylaws for appointment of voting proxies by its members.
	(b)  A proxy appointed under Subsection (a):                                   
		(1)  acts on behalf of and under the supervision of the 
policy board member who appointed the proxy;
		(2)  must be appointed in writing; and                                        
		(3)  is authorized to vote for the policy board member 
who appointed the proxy to the extent the member has given the proxy 
the member's voting power.
	Sec. 472.033.  FILING OF FINANCIAL STATEMENT BY POLICY BOARD 
MEMBER.  (a)  Except as provided by Subsection (c) or (d), a policy 
board member shall file the financial statement required of state 
officers under Subchapter B, Chapter 572, Government Code, with the 
Texas Ethics Commission.
	(b)  Subchapter B, Chapter 572, Government Code:                        
		(1)  applies to a policy board member as if the member 
were a state officer; and
		(2)  governs the contents, timeliness of filing, and 
public inspection of a statement filed under Subsection (a).
	(c)  Subsection (a) does not apply to a policy board member 
who is a state officer subject to Subchapter B, Chapter 572, 
Government Code.
	(d)  A policy board member who is a municipal officer subject 
to Chapter 145, Local Government Code, or a county officer subject 
to Subchapter A, Chapter 159, Local Government Code, shall file 
with the Texas Ethics Commission a copy of the financial statement 
filed under Chapter 145, Local Government Code, or Subchapter A, 
Chapter 159, Local Government Code, as applicable.  Subchapter B, 
Chapter 572, Government Code, governs the timeliness of filing and 
public inspection of a copy of a statement filed under this 
subsection.
	(e)  A person subject to Subsection (a) or (d) commits an 
offense if the person fails to file the statement required by 
Subsection (a) or the copy required by Subsection (d), as 
applicable.  An offense under this section is a Class B misdemeanor.
	SECTION 2.  Section 472.033, Transportation Code, as added 
by this Act, applies beginning January 1, 2007.  A person subject to 
Section 472.033(a), Transportation Code, as added by this Act, is 
not required to include financial activity occurring before January 
1, 2006, in a financial disclosure statement under that section.
	SECTION 3.  This Act takes effect September 1, 2005.