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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic filing of personal financial statements |
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by certain county officers, county employees, and candidates for |
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county office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 159.004, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsections (e) and |
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(f) to read as follows: |
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(b) Except as provided in Subsection (e), the [The] |
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timeliness of the filing is governed by Section 572.029, Government |
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Code. |
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(e) A person is considered to have timely filed a financial |
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statement under this subchapter if the county clerk with whom the |
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statement is required to be filed has adopted rules and procedures |
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to provide for the electronic filing of the statement and the |
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statement is electronically filed in accordance with those rules |
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and procedures not later than midnight of the last day for filing |
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the statement. |
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(f) A county clerk with whom a financial statement is |
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electronically filed under Subsection (e) must issue an electronic |
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receipt to the person filing the statement at the time the statement |
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is filed. The time stamp on the receipt is prima facie evidence of |
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the date the statement was filed. |
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SECTION 2. Subchapter B, Chapter 159, Local Government |
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Code, is amended by adding Section 159.0341 to read as follows: |
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Sec. 159.0341. TIMELINESS OF FILING. (a) A person is |
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considered to have timely filed a report under this subchapter if: |
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(1) the report is filed in accordance with Section |
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572.029, Government Code; or |
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(2) the officer with whom the report is required to be |
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filed has adopted rules and procedures to provide for the |
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electronic filing of the report and the report is electronically |
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filed in accordance with those rules and procedures not later than |
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midnight of the last day for filing the report. |
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(b) An officer with whom a report is electronically filed |
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under Subsection (a) must issue an electronic receipt to the person |
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filing the report at the time the report is filed. The time stamp on |
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the receipt is prima facie evidence of the date the report was |
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filed. |
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SECTION 3. Section 159.053, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) Except as provided in Subsections (c), the [The] |
|
timeliness of the filing is governed by Section 572.029, Government |
|
Code. |
|
(c) A person is considered to have timely filed a financial |
|
statement under this subchapter if the county clerk with whom the |
|
statement is required to be filed has adopted rules and procedures |
|
to provide for the electronic filing of the statement and the |
|
statement is electronically filed in accordance with those rules |
|
and procedures not later than midnight of the last day for filing |
|
the statement. |
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(d) A county clerk with whom a financial statement is |
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electronically filed under Subsection (c) must issue an electronic |
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receipt to the person filing the statement at the time the statement |
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is filed. The time stamp on the receipt is prima facie evidence of |
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the date the statement was filed. |
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SECTION 4. The changes in law made by this Act to Chapter |
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159, Local Government Code, apply only to a financial statement or |
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report required to be filed under that chapter that is due on or |
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after January 1, 2014. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |