HBA-AMW H.B. 64 77(R)     BILL ANALYSIS


Office of House Bill AnalysisH.B. 64
By: Wolens
State Affairs
2/7/2001
Introduced



BACKGROUND AND PURPOSE 

To strengthen the faith and confidence of the people of Texas in state
government by providing standards of conduct and disclosure requirements
for public officials, the 63rd Legislature enacted financial disclosure
legislation requiring certain officials to file financial disclosure
statements with the state.  These laws have been expanded several times to
include other public officials.  Under current law, municipal officers or
candidates for municipal office filled by election or appointment are not
required to file financial disclosure statements.  House Bill 64 expands
state disclosure laws to require municipal officers or candidates for
municipal office to file financial disclosure statements. 

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 64 amends the Local Government Code to require a municipal
officer or a candidate for a municipal office filled by election to file a
financial statement with the clerk or secretary of the municipality in
which the officer or candidate resides.   The statement must comply with
existing law regarding the general contents of financial statements and
reporting finances by category.   

The bill provides that a financial statement filed by a candidate for a
municipal office filled by election to be held on the third Saturday in
January must include an account of the person's financial activity and the
financial activity of the person's spouse and dependent children if the
individual had actual control over that activity.  The statement must
include financial activity for the current calendar year if the filing
deadline for the statement is on or before December 31, or for the
preceding calendar year if the filing deadline for the statement is after
December 31.  H.B. 64 also provides that a municipal officer or candidate
is not required to include in the statement financial activity that occurs
before January 1, 2002. 

H.B. 64 specifies that a municipal officer or a candidate for a municipal
office filled by election commits a Class B misdemeanor if the officer or
candidate knowingly fails to file the required financial statement unless
the officer or candidate did not receive copies of the financial statement
form.   

The bill authorizes a person who determines that a person required to file
a financial statement has failed to do so to notify in writing the
municipal attorney of the municipality.  The bill requires the municipal
attorney, on receipt of the written notice, to determine from any available
evidence whether the person to whom the notice relates has failed to file a
statement and, on making that determination, to immediately send by
certified mail a notice of the determination to the person responsible for
filing the statement.  The bill provides that if the municipal officer or
candidate for municipal office fails to file the required statement before
the 30th day after the date the person receives the notice from the
municipal attorney, the person is civilly liable to the municipality for an
amount not to exceed $1,000.  The bill requires that the penalty be
deposited to the credit of the general fund of the municipality. 

 H.B. 64 creates provisions regarding the filing dates for the municipal
officers and candidates for municipal office filled by election or
appointment, the time in which statements are required to be filed, and the
procedures for requesting and granting filing extensions.  The bill also
sets forth provisions regarding the preparation and distribution of forms
for filing the required statements and provisions regarding duplicate or
supplemental statements. 

H.B. 64 also creates provisions regarding public access to the financial
statements and the retention and destruction of the statements by the clerk
or secretary of the municipality. 

EFFECTIVE DATE

September 1, 2001, and applies beginning December 1, 2002.