BILL ANALYSIS
By: Macias
BACKGROUND AND PURPOSE
Current law requires the Ethics Commission to mail two copies of the personal financial statement (PFS) form to each individual subject to the reporting requirements. Because of budgetary constraints, approximately five years ago the commission discontinued including copies of the PFS form with the notice to file. Instead, filers are referred to the commission website for a copy of the PFS form and instructions. The commission, however, continues to mail the form and instructions upon request.
Approximately 3,500 individuals file a PFS with the commission. The PFS form consists of 24 pages. The instructions to the form consist of 19 pages. The cost for copying and mailing copies is approximately $7,000, not including staff time.
In order to conserve resources HB 1652 would remove the requirement that the Commission mail paper forms to registrants and allow the Commission to just mail a notice concerning the necessity to file a personal financial statement and would allow the commission to charge a fee to cover costs of mailing paper forms if they are requested.
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
H.B. 1652 would amend the Government Code by requiring the Ethics Commission to send a notice to each individual required to file a personal financial statement. The notice would include the necessity to file a personal financial statement, would include the filing dates, would describe the manner in which to request the forms and instructions from the commission's internet site, would state that the commission may mail a copy of the personal financial statement forms and instructions upon request, and would state, if applicable, the fee for mailing the forms and instructions and the manner in which the individual may pay the fee.
If a hard copy of the personal financial statement is requested, H.B. 1652 would require the Ethics Commission to send the forms no later than the third business day after receiving the request. H.B. 1652 would also allow the commission to charge a fee to cover the costs of producing and mailing the forms and instructions, which may not exceed the reasonable cost of producing and mailing the forms and instructions.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.