By: Koop, et al. H.B. No. 1246 COMMITTEE SUBSTITUTE FOR H.B. No. 1246By: Estes By: Estes

(In the Senate - Received from the House April 27, 2015; April 28, 2015, read first time and referred to Committee on State Affairs; May 6, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 6, 2015, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the methods of delivery for required financial statement forms sent to certain municipal officeholders and candidates for municipal office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 145.002, Local Government Code, is amended to read as follows:

Sec. 145.002. DEFINITIONS [DEFINITION]. In this chapter:

(1) "Deliver" means transmitting by mail, personal delivery, or e-mail or any other means of electronic transfer.

(2) "Municipal[, "municipal] officer" means the mayor, a member of the governing body, the municipal attorney, or the city manager of a municipality.

SECTION 2. Section 145.005(b), Local Government Code, is amended to read as follows:

(b) The clerk or secretary shall deliver at least one copy [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), Government Code. The clerk or secretary shall deliver [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). The clerk or secretary may choose one or more methods to deliver the form.

SECTION 3. Section 145.009(c), Local Government Code, is amended to read as follows:

(c) 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 [mailed] to the officer or candidate by this chapter.

SECTION 4. 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. 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. 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. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 6. This Act takes effect September 1, 2015.

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