BILL ANALYSIS

 

 

Senate Research Center                                                                                              C.S.H.B. 2468

80R18864 E                                                                                                  By: Solomons (Carona)

                                                                                                                                       State Affairs

                                                                                                                                              5/7/2007

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, there is no disclosure requirement of the extra compensation earned by justices of the peace for performing weddings.  Since this income is earned solely by virtue of their position as an elected official, it is not unreasonable for justices of peace to report this income.

 

C.S.H.B. 2468 requires justices of the peace or candidates for the office of justice of the peace, in a county with a population of 125,000 or more, to file a personal financial statement with the county clerk, making them subject to the same income disclosure requirements as other county officials.

 

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 159.001, Local Government Code, as follows:

 

Sec. 159.001.  APPLICABILITY OF SUBCHAPTER.  Provides that this subchapter (Financial Disclosure by Certain County Officers) applies only to a county officer or candidate for a county office of a county with a population of 100,000 or more or a justice of the peace or a candidate for the office of justice of the peace of a county with a population of 125,000 or more, rather than providing that this subchapter only applies to a county with a population of 100,000 or more.

 

SECTION 2.  Amends Section 159.003, Local Government Code, as follows:

 

Sec. 159.003.  FINANCIAL STATEMENT REQUIRED.  Requires a justice of the peace or candidate for the office of justice of the peace to file a financial statement as required by this subchapter.  Makes a conforming change.

 

SECTION 3.  Amends Sections 159.004(a), (c), and (d), Local Government Code, to make conforming changes.

 

SECTION 4.  Amends Section 159.007(c), Local Government Code, to make conforming and nonsubstantive changes.

 

SECTION 5.  Amends Section 159.0071, Local Government Code, to require the county clerk of each county in which a person is required to file a financial statement under this chapter (Financial Disclosure by County Officers and Employees) to maintain a list of the county officers, candidates for county office, justices of the peace, and candidates for the office of justice of the peace required to file a financial statement under this subchapter, rather than requiring the county clerk of each county to maintain a list of the county officers and candidates for county office required to file a financial statement under this subchapter.  Makes conforming changes.

 

SECTION 6.  Amends Sections 159.008(a) and (c), Local Government Code, to make conforming changes.

 

SECTION 7.  Requires a justice of the peace or a candidate for that office on the effective date of this Act to file the financial statement required for county officers under Subchapter A, Chapter 159, Local Government Code, as amended by this Act, on the first applicable financial statement filing deadline that occurs after the effective date of this Act.

 

SECTION 8.  Effective date: September 1, 2007.