BILL ANALYSIS
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AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 1606, 78th Legislature, Regular Session, 2007, created Chapter 145 of the Local Government Code, entitled “Financial Disclosure by and Standards of Conduct for Local Government Officers.” In this chapter, H.B. 1606 created the requirement that, in municipalities with a population of 100,000 or more, “municipal officers” or a candidate for such office must file a financial statement with the clerk or secretary of the municipality in which the officer or candidate resides.
Chapter 145.005 of the Local Government Code contains the requirements relevant to the actual form of the financial statement itself. Currently, Section 145.005(b) requires that the clerk or secretary of a municipality mail two copies of the form to any appointed municipal officer, or mail a copy of the form to any electoral candidate for such office not later than the 10th day before the deadline for filing the financial statement. Current law only provides one option to the secretary or clerk for delivery of this form – by traditional mail.
H.B. 1246 amends Chapter 145 to allow the clerk or secretary of a municipality to deliver the required financial form by means other than traditional mail, including personal delivery and e-mail or “any other means of electronic transfer,” taking into account the wide prevalence of internet access and various means of electronic communication, for the ultimate purpose of providing clerks and secretaries more flexibility in delivering these forms. Additionally, the bill adds nonsubstantive, conforming changes to language within Chapter 145. (Original Author's/Sponsor's Statement of Intent)
C.S.H.B. 1246 amends current law relating to the methods of delivery for required financial statement forms sent to certain municipal officeholders and candidates for municipal office.
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 145.002, Local Government Code, as follows:
Sec. 145.002. New heading: DEFINITIONS. Defines "deliver" and makes nonsubstantive changes.
SECTION 2. Amends Section 145.005(b), Local Government Code, as follows:
(b) Requires the clerk or secretary of a municipality to deliver at least one copy, rather than mail two copies, of the form to each municipal officer or person who is appointed to a municipal office who is required to file under this chapter within the time prescribed by Section 572.030(c)(1) (relating to requiring a certain notice to be mailed by a certain date), Government Code. Requires the clerk or secretary to deliver, rather than mail, a copy of the form to each candidate for a municipal office filled by election who is required to file under this chapter not later than the 10th day before the deadline for filing the statement under Section 145.004(c) (relating to requiring a candidate for a municipal office filled by election to file a financial statement by a certain date). Authorizes the clerk or secretary to choose one or more methods to deliver the form.
SECTION 3. Amends Section 145.009(c), Local Government Code, to provide that it is a defense to prosecution under this section that the officer or candidate did not receive copies of the financial statement form required to be delivered, rather than mailed, to the officer or candidate by this chapter.
SECTION 4. Provides that Section 145.005(b), Local Government Code, as amended by this Act, applies only to a financial statement due on or after the effective date of this Act. Provides that a financial statement due before the effective date of this Act is governed by the law in effect on the date the financial statement was due, and the former law is continued in effect for that purpose.
SECTION 5. Provides that Section 145.009(c), Local Government Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. Makes application of this Act prospective.
SECTION 6. Effective date: September 1, 2015.