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A BILL TO BE ENTITLED
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AN ACT
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relating to the contents of financial statements filed by certain |
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persons; adding a provision subject to criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 572.023, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (g) and (h) to read |
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as follows: |
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(a) A financial statement must include an account of the |
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financial activity for the preceding calendar year of: |
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(1) any property characterized as separate property |
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under Section 3.001, Family Code, of the individual required by |
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this subchapter to file a financial statement; |
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(2) any community property of which the individual |
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required by this subchapter to file a financial statement has sole |
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management, control, and disposition as provided by Section |
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3.102(a), Family Code; |
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(3) any community property of the individual required |
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by this subchapter to file a financial statement, if the individual |
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exercised both factual and legal control over the activity; and |
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(4) [an account of the financial activity of] the |
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individual's [spouse and] dependent children if the individual |
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exercised or held the right to exercise any degree of legal or |
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factual [had actual] control over that activity [for the preceding
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calendar year]. |
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(g) A person who electronically files a verified financial |
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statement with the commission or another filing authority is not |
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required to include a notarized affidavit with the financial |
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statement if the person: |
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(1) has requested and received an electronic filing |
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password pursuant to the rules of the commission or other |
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authority, as applicable; and |
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(2) uses that password to file the financial |
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statement. |
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(h) Each financial statement filed under this chapter that |
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is not filed electronically must be accompanied by an affidavit |
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executed by the person required to file the financial statement. |
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The affidavit must contain the statement: "I swear, or affirm, |
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under penalty of perjury, that the accompanying report is true and |
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correct and includes all information required to be reported by me |
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under Chapter 572, Government Code." Each financial statement filed |
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electronically under this chapter must be under oath by the person |
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required to file the financial statement and must contain, in |
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compliance with commission or local filing authority |
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specifications, the digitized signature of the person required to |
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file the financial statement. A financial statement filed under |
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this chapter is considered to be under oath by the person required |
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to file the financial statement, and the person is subject to |
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prosecution under Chapter 37, Penal Code, regardless of the absence |
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of or a defect in the affidavit. |
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SECTION 2. This Act applies only to a financial statement |
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due on or after the effective date of this Act. A financial |
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statement due before the effective date of this Act is governed by |
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the law in effect on the date the financial statement was due, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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