HBA-TYH H.B. 1422 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1422
By: Madden
State Affairs
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, information regarding the future relationship between a running
candidate and the entity which the candidate will serve, if elected, is
unavailable to the public during an election.  Such knowledge might help
voters to make a more informed choice with regard to the candidates. This
could also lead to increased public confidence in elected officials.  H.B.
1422 expands the current reporting requirements for governmental entities
and candidates for and holders of public offices to include executory
contracts between the individual, or a business entity in which the
individual has a substantial interest, and a state agency or county.  This
bill also provides for a civil offense and a criminal offense of a Class B
Misdemeanor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 572, Government Code, by adding
Section 572.0231, as follows: 
 
Sec. 572.0231. INFORMATION ABOUT CONTRACTS WITH GOVERNMENT ENTITIES.  (a)
Provides that a financial statement under this subchapter must include the
identification and amount of any executory contract between the individual
required to file the statement, or a business entity in which the
individual has a substantial interest, and: 

_a state agency, if the individual is the secretary of state or an elected
officer other than a district judge, a district attorney, or criminal
district attorney or is a candidate for an elective office described by
this subdivision; 

_a state agency or the county in which the individual serves, if the
individual is a district judge, a district attorney, or criminal district
attorney or is a candidate for an office described by this subdivision; or 

_the state agency of which the individual is an officer, if the individual
is a state officer other than an officer described by this section.  
 
(b)  Provides that for purposes of this section, an individual does not
have a substantial interest in a business entity if the individual is an
employee of the business entity.  

SECTION  2.  Amends Chapter 601, Government Code, by adding Section
601.009, as follows: 
 
Sec. 601.009. STATEMENT CONCERNING CONTRACTS WITH  POLITICAL SUBDIVISION.
(a)  Defines "business entity," "elective office," and "substantial
interest." 
  
(b)  Requires a person who holds or is a candidate for an elective office
to file a sworn statement that: 

 _identifies and states the amount of any executory contract between the
person or a business entity in which the person has a substantial interest;
and the political subdivision served by the office held or sought by the
person; or 
 
_states that neither the person nor a business entity in which the person
has a substantial interest is a party to a contract described by this
subsection. 
 
(c)  Provides that the statement must be on a form prescribed by the Texas
Ethics Commission and must be filed with the authority with whom a
candidate for the office held or sought is required to file a campaign
treasurer appointment under Chapter 252 (Campaign Treasurer), Election
Code.  Requires an officeholder to file the statement within the time
prescribed by Section 572.026 (Filing Dates for State Officers and Party
Chairmen).  Requires a candidate to file the statement within the time
prescribed by Section 572.027 (Filing Dates for Candidates).  Provides that
the timeliness of the filing is determined by Section 572.029 (Timeliness
of Filing).  
 
(d)  Provides that a statement filed under this section is a public record.
Requires the authority with whom a statement is filed to maintain the
statement in a manner that is accessible to the public during regular
business hours.  
 
(e)  Provides that if a statement required under this section is determined
to be late, the person responsible for filing the statement is civilly
liable to the political subdivision, of which the office held or sought is
part, for an amount not to exceed $1,000.  Prohibits the county attorney or
the district or criminal district attorney with civil jurisdiction from
initiating suit for the penalty until the 10th day after the date a notice
concerning the late statement is mailed to the person.  Requires the
authority with whom a report is filed, if the person files the statement
before the 10th day after the date the notice is mailed, to notify the
county attorney or the district or criminal district attorney, and
prohibits the civil suit under this subsection from being initiated.  
 
(f)  Provides that a person required to file a statement under this section
commits a Class B misdemeanor offense if the person knowingly fails to file
the statement.  

SECTION 3. Amends Section 159.003(b), Local Government Code, to provide
that the financial statement, which a county official or a candidate for a
county office is required to file, must comply with Section 572.0231,
Government Code. 

SECTION 4.  Amends Section 159.052(a), Local Government Code, to require a
county judicial officer or a candidate for office as a county judicial
officer to file a financial statement that complies with Section 572.0231,
Government Code. 

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Emergency clause.