HBA-CMT H.B. 1743 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1743
By: Madden
County Affairs
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, a county clerk is required to mail two copies of a financial
statement form to a county elected official or candidate for county office.
In several instances, county officers and candidates  for county office use
the defense that they did not file a financial statement because they did
not receive a copy of the form from the county clerk.  Judicial officers
may not use this defense and the clerk is not required to send judicial
officers or candidates copies of the forms.  Clerks should not be placed in
a defensive position regarding financial statement forms.  House Bill 1743
exempts the county clerk from having to mail a county candidate or officer
two copies of a financial statement.     

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. 

ANALYSIS

House Bill 1743 amends the Local Government Code to delete the requirement
that a county clerk mail two copies of the form for filing a financial
statement to each person who is required to file such a statement. 

The bill repeals the provision that it is a defense to prosecution that if
a county officer or candidate for a county office did not receive copies of
the financial statement form that is required to be mailed to the officer
or candidate.   

EFFECTIVE DATE

September 1, 2001.