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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting of gifts to public officials; imposing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 572.022, Government Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) For a gift of cash or a cash equivalent such as a |
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negotiable instrument or gift certificate that is reported in |
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accordance with Section 572.023(b)(7), the individual filing the |
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statement shall include in the description of the gift a statement |
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of the value of the gift. |
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(e) For a gift that is reported in accordance with Section |
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572.023(b)(7), other than a gift described by Subsection (d), the |
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individual filing the statement shall include in the description of |
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the gift: |
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(1) a statement that clearly specifies the kind of |
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gift received; and |
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(2) a statement of the fair market value of the gift |
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received. |
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SECTION 2. The heading of Section 572.022, Government Code, |
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is amended to read as follows: |
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Sec. 572.022. REPORTING CATEGORIES; REQUIRED DESCRIPTIONS. |
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SECTION 3. Section 572.022(d), Government Code, as added by |
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this Act, applies only to a financial statement required to be filed |
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under Subchapter B, Chapter 572, Government Code, on or after |
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January 1, 2008. A financial statement required to be filed under |
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Subchapter B, Chapter 572, Government Code, before January 1, 2008, |
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is governed by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. The heading of Section 572.033, Government Code, |
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is amended to read as follows: |
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Sec. 572.033. CIVIL PENALTY FOR LATE FILING. |
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SECTION 5. Subchapter B, Chapter 572, Government Code, is |
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amended by adding Section 572.0331 to read as follows: |
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Sec. 572.0331. CIVIL PENALTY FOR FAILURE TO CORRECTLY |
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REPORT GIFT. (a) In addition to the other penalties prescribed by |
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this chapter, an individual is liable to the state for a civil |
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penalty if the individual receives a gift the individual is |
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required to report under Section 572.023(b)(7) and the individual |
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knowingly: |
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(1) fails to report the gift in the manner required by |
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Section 572.022(d) or (e); |
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(2) states a value for a gift of cash or a cash |
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equivalent that is less than the value of the gift; or |
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(3) states a value for a gift other than a gift |
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described by Subdivision (2) that is less than the fair market value |
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of the gift. |
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(b) The commission by order may determine that a civil |
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penalty under this section is owed. The amount of the penalty is |
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equal to two times the value or fair market value, as applicable, of |
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the gift required to be reported. |
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(c) At the request of the commission, the attorney general |
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may bring an action to recover a penalty under this section. In an |
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action under this subsection, |
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the attorney general may recover, in |
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addition to the amount of the penalty, investigation and court |
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costs, reasonable attorney's fees, witness fees, and other |
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expenses. |
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SECTION 6. This Act takes effect September 1, 2007. |