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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing of financial disclosure statements by |
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trustees of certain independent school districts; providing |
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criminal and civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.064, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) This section does not apply to the board of trustees of |
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an independent school district to which Section 11.0641 applies. |
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SECTION 2. Subchapter C, Chapter 11, Education Code, is |
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amended by adding Section 11.0641 to read as follows: |
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Sec. 11.0641. FILING OF FINANCIAL STATEMENT BY TRUSTEE |
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REQUIRED FOR CERTAIN SCHOOL DISTRICTS. (a) This section applies |
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only to the board of trustees of an independent school district that |
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is located in a county with a population of 800,000 or more that is |
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located on the international border. |
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(b) Each member of the board of trustees of an independent |
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school district shall file a financial statement with: |
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(1) the board of trustees; and |
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(2) the commissioners court of the county in which the |
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school district's central administrative office is located. |
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(c) The provisions of Subchapter B, Chapter 572, Government |
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Code, governing the contents, timeliness of filing, and public |
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inspection of a statement apply to a statement filed under this |
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section as if the trustee were a state officer and the commissioners |
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court of the county were the Texas Ethics Commission. |
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(d) A trustee commits an offense if the trustee fails to |
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file the statement required by this section. An offense under this |
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section is a Class B misdemeanor. |
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(e) The commissioners court of the county shall determine |
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from any available evidence whether a statement required to be |
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filed under this section is late. On making a determination that |
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the statement is late, the commissioners court shall immediately |
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mail a notice of the determination to the individual responsible |
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for filing the statement. If a statement is determined to be late, |
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the individual responsible for filing the statement is liable to |
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the county for a civil penalty of $500. If a statement is more than |
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30 days late, the commissioners court shall issue a warning of |
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liability by registered mail to the individual responsible for the |
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filing. If the penalty is not paid before the 10th day after the |
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date on which the warning is received, the individual is liable for |
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a civil penalty in an amount determined by the commissioners court, |
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but not to exceed $10,000. |
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SECTION 3. (a) Section 11.0641, Education Code, as added |
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by this Act, applies beginning January 1, 2015. A trustee is not |
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required to include financial activity occurring before January 1, |
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2014, in a statement filed under that section. |
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(b) The change in law made by this Act applies only to an |
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offense committed on or after January 1, 2014. For purposes of this |
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section, an offense is committed before January 1, 2014, if any |
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element of the offense occurs before that date. |
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(c) An offense committed before January 1, 2014, is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2014. |