BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 1652

80R6180 ESH-D                                                                                                 By: Macias (Fraser)

State Affairs

5/9/2007

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law requires the Texas Ethics Commission (commission) to mail two copies of the personal financial statement (PFS) form to each individual subject to such reporting requirements.  Approximately five years ago, the commission discontinued including copies of the PFS form with the notice to file such a form due to budgetary constraints.  Instead, filers are referred to the commission website to obtain a copy of the PFS form and instructions.  However, the commission continues to mail the form and instructions upon request.

Approximately 3,500 individuals a year file a PFS with the commission.   The PFS form consists of 24 pages and the instructions to the form consists of 19 pages.  The cost of copying and mailing such copies totals approximately $7,000 a year, not including staff time.

H.B. 1652 removes the requirement that the Texas Ethics Commission mail paper forms to registrants and requires the commission to mail a notice concerning the necessity to file a personal financial statement.  This bill also authorizes the commission to charge a fee to cover the costs of mailing paper forms if such forms are requested.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 572.030, Government Code, by amending Subsections (b) and (c) and adding Subsections (d) and (e), as follows:

(b)  Requires the Texas Ethics Commission (commission) to mail to each individual required to file under this subchapter (Personal Financial Statement) a notice with certain information regarding the necessity to file a personal financial statement (PFS) form.  Deletes existing text requiring two copies of the PFS form to be mailed by the commission to each individual required to file under this subchapter.

(c)  Makes a conforming change.

(d)  Requires the commission to mail a copy of the PFS form and instructions to an individual not later than the third business day after the date the commission receives the individual's request for the PFS form and instructions.

(e)  Authorizes the commission to charge a fee for mailing the PFS form and instructions to an individual.  Prohibits the amount of the fee from exceeding the reasonable cost of producing and mailing the PFS form and instructions.

SECTION 2.  Effective date: upon passage or September 1, 2007.