CHAPTER 159. FINANCIAL DISCLOSURE BY COUNTY OFFICERS AND EMPLOYEES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES

CHAPTER 159. FINANCIAL DISCLOSURE BY COUNTY OFFICERS AND

EMPLOYEES

SUBCHAPTER A. FINANCIAL DISCLOSURE BY CERTAIN COUNTY OFFICERS

Sec. 159.001. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to:

(1) a county officer or candidate for a county office of a

county with a population of 100,000 or more; or

(2) a justice of the peace or a candidate for the office of

justice of the peace of a county with a population of 125,000 or

more.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

480, Sec. 1, eff. September 1, 2007.

Sec. 159.002. DEFINITION. In this subchapter, "county officer"

means a county judge, county commissioner, or county attorney.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Sec. 159.003. FINANCIAL STATEMENT REQUIRED. (a) A county

officer, candidate for a county office, justice of the peace, or

candidate for the office of justice of the peace shall file a

financial statement as required by this subchapter.

(b) The statement must:

(1) be filed with the county clerk of the county in which the

officer, justice, or candidate resides; and

(2) comply with Sections 572.022 and 572.023, Government Code.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

480, Sec. 2, eff. September 1, 2007.

Sec. 159.004. FILING DATES; TIMELINESS OF FILING. (a) A county

officer or justice of the peace shall file the financial

statement required by this subchapter within the time prescribed

by Section 572.026, Government Code. A candidate for office as a

county officer or justice of the peace shall file the financial

statement required by this subchapter within the time prescribed

by Section 572.027, Government Code.

(b) The timeliness of the filing is governed by Section 572.029,

Government Code.

(c) A county officer or justice of the peace may request the

county clerk to grant an extension of time of not more than 60

days for filing the statement. The county clerk shall grant the

request if it is received before the filing deadline or if a

timely filing or request for extension is prevented because of

physical or mental incapacity. The county clerk may not grant

more than one extension to a person in one year except for good

cause shown.

(d) The county clerk may not grant an extension to a candidate

for office as a county officer or justice of the peace.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

480, Sec. 3, eff. September 1, 2007.

Sec. 159.005. PREPARATION OF FORMS. (a) The county clerk may:

(1) design a form to be used for filing the financial statement

required by this subchapter; or

(2) require that a form designed by the Texas Ethics Commission

under Chapter 572, Government Code, be used for filing the

financial statement.

(b) The county clerk shall mail or, at the request of the person

required to file under this subchapter send by electronic mail,

two copies of the form to each person required to file under this

subchapter within the time prescribed by Section 572.030(c),

Government Code.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

969, Sec. 1, eff. June 19, 2009.

Sec. 159.006. DUPLICATE STATEMENTS. If a person has filed a

financial statement under one provision of this subchapter

covering the preceding calendar year, the person is not required

to file a financial statement required under another provision of

this subchapter to cover that same year if, before the deadline

for filing the statement under the other provision, the person

notifies the county clerk in writing that the person has already

filed a financial statement under this subchapter to cover that

year.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Sec. 159.007. PUBLIC ACCESS TO STATEMENTS. (a) Financial

statements filed under this subchapter are public records. The

county clerk shall maintain the statements in separate

alphabetical files and in a manner that is accessible to the

public during regular office hours.

(b) During the one-year period following the date of filing of a

financial statement, each time a person, other than the county

clerk or an employee of the county clerk who is acting on

official business, requests to see the financial statement, the

county clerk shall place in the file a statement of the person's

name and address, whom the person represents, and the date of the

request. The county clerk shall retain that statement in the file

for one year after the date the requested financial statement is

filed.

(c) The county clerk may, and on notification from a former

county officer, justice of the peace, or candidate shall, destroy

any financial statements filed by the officer, justice, or

candidate two years after the date the person ceases to be an

officer, justice, or candidate, as applicable.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

480, Sec. 4, eff. September 1, 2007.

Sec. 159.0071. NOTIFICATION TO PROSECUTING ATTORNEY. The county

clerk of each county in which a person is required to file a

financial statement under this chapter shall maintain a list of

the county officers, candidates for county office, justices of

the peace, and candidates for the office of justice of the peace

required to file the financial statement. Not later than the

10th day after each applicable filing deadline, the county clerk

shall provide to the county attorney or criminal district

attorney a copy of the list showing for each county officer,

candidate for county office, justice of the peace, and candidate

for justice of the peace:

(1) whether the officer, justice, or candidate timely filed a

financial statement as required by this subchapter;

(2) whether the officer, justice, or candidate timely requested

and was granted an extension of time to file as provided for by

Section 159.004 and the new due date for each such officer,

justice, or candidate; or

(3) whether the officer, justice, or candidate did not timely

file a financial statement or receive an extension of time.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.02, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

480, Sec. 5, eff. September 1, 2007.

Sec. 159.008. CRIMINAL PENALTY. (a) A county officer,

candidate for county office, justice of the peace, or candidate

for the office of justice of the peace commits an offense if the

officer, justice, or candidate knowingly fails to file a

financial statement as required by this subchapter.

(b) An offense under this section is a Class B misdemeanor.

(c) It is a defense to prosecution under this section that the

officer, justice, or candidate did not receive copies of the

financial statement form required to be mailed to the officer,

justice, or candidate by this subchapter.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

480, Sec. 6, eff. September 1, 2007.

Sec. 159.009. VENUE. An offense under this subchapter,

including perjury, may be prosecuted in any county in which it

may be prosecuted under the Code of Criminal Procedure.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

Sec. 159.010. CIVIL PENALTY. (a) A person who determines that

a person required to file a financial statement under this

subchapter has failed to do so may notify in writing:

(1) the county attorney or criminal district attorney; or

(2) the district attorney, if the person required to file the

statement is the county attorney.

(b) On receipt of a written notice under Subsection (a), the

county attorney, district attorney, or criminal district attorney

shall determine from any available evidence whether the person to

whom the notice relates has failed to file a statement. On making

that determination, the county attorney, district attorney, or

criminal district attorney shall immediately mail by certified

mail a notice of the determination to the person responsible for

filing the statement.

(c) If the person responsible for filing the statement fails to

file the statement before the 30th day after the person receives

the notice under Subsection (b), the person is civilly liable to

the county for an amount not to exceed $1,000.

(d) A penalty paid under this section shall be deposited to the

credit of the general fund of the county.

(e) This section is cumulative of any other available sanctions

for late filings of statements.

Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1,

1997.

SUBCHAPTER B. FINANCIAL DISCLOSURE BY OTHER COUNTY OFFICERS AND

EMPLOYEES

Sec. 159.031. COUNTY COVERED BY SUBCHAPTER. This subchapter

applies only to a county with a population of 125,000 or more.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 38(a), eff. Aug. 28,

1989. Renumbered from Sec. 159.001 and amended by Acts 1991, 72nd

Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.

Sec. 159.032. DEFINITIONS. In this subchapter:

(1) "County officer" means a sheriff, county tax

assessor-collector, county clerk, district clerk, county

treasurer, county auditor, or county purchasing agent. The term

does not include a county officer as defined by Section 159.002.

(2) "Precinct officer" means a constable.

(3) "County judicial officer" means a justice of the peace or a

master, magistrate, or referee appointed by a justice of the

peace.

(4) "County employee" does not include a person covered by

Subdivision (1), (2), or (3).

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989. Renumbered from Sec. 159.002 and amended by Acts 1991, 72nd

Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992. Amended by Acts

1995, 74th Leg., ch. 763, Sec. 8, eff. Sept. 1, 1995; Acts 1999,

76th Leg., ch. 62, Sec. 13.05, eff. Sept. 1, 1999.

Sec. 159.033. FINANCIAL DISCLOSURE REPORTING SYSTEM. (a) The

commissioners court of the county may adopt by order a financial

disclosure reporting system for county officers, precinct

officers, county judicial officers, candidates for those offices,

and county employees.

(b) The commissioners court shall prescribe the items required

to be reported and the times the report is due.

(c) If reporting is required, the commissioners court may

restrict the reporting requirement to a limited part of county

employees if all employees with similar jobs are required to

report.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989. Renumbered from Sec. 159.003 and amended by Acts 1991, 72nd

Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.

Sec. 159.034. FILING REQUIREMENT. (a) The commissioners court

may require the report to be filed with the clerk of the

commissioners court, the county auditor, or any other county

officer. However, the commissioners court may require the report

to be filed with the county clerk or other elected county officer

only if the county clerk or elected county officer consents to

the imposition of that duty.

(b) The commissioners court may not require records filed under

this subchapter to be maintained for more than one year and may

require the authority with whom the records are filed to destroy

the records after one year.

(c) A person required by order of the commissioners court to

file a report under this subchapter is considered to have

complied with the order if the person files with the authority

prescribed by the commissioners court a report that complies with

the requirements of Chapter 572, Government Code.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989. Renumbered from Sec. 159.004 and amended by Acts 1991, 72nd

Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992. Amended by Acts

1995, 74th Leg., ch. 76, Sec. 5.95(38), eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

568, Sec. 1, eff. June 19, 2009.

Sec. 159.035. CIVIL PENALTY. (a) If a report is determined to

be late, the person responsible for filing the report is civilly

liable to the county for $100. The county attorney or the

district or criminal district attorney with civil jurisdiction

may not initiate suit for the penalty until the 10th day after

the date a notice concerning the late report is mailed to the

person. If the report is filed and the penalty is paid before the

10th day after the date of the mailing, the authority with whom

the report is filed shall notify the county attorney or the

district or criminal district attorney, and the civil suit under

this section may not be initiated.

(b) A penalty paid under this section shall be deposited to the

credit of the general fund of the county.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989. Renumbered from Sec. 159.005 and amended by Acts 1991, 72nd

Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.

Sec. 159.036. CRIMINAL PENALTY. (a) An officer, candidate, or

employee required to file a report by an order adopted under this

subchapter commits an offense if the person knowingly fails to

file the report as required by the order.

(b) An offense under this section is a Class B misdemeanor.

(c) It is a defense to prosecution under this section that the

person has filed the required report and paid a civil penalty as

provided by this subchapter.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28,

1989. Renumbered from Sec. 159.006 and amended by Acts 1991, 72nd

Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.

SUBCHAPTER C. FINANCIAL DISCLOSURE BY COUNTY JUDICIAL OFFICERS

Sec. 159.051. DEFINITIONS. In this subchapter:

(1) "Commission" means the Texas Ethics Commission.

(2) "County judicial officer" means the judge of a statutory

county court or statutory probate court.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 1, eff.

Sept. 1, 1997.

Sec. 159.052. FILING REQUIREMENT. (a) A county judicial

officer or a candidate for office as a county judicial officer

shall file with the county clerk or the commission a financial

statement that complies with Sections 572.022 and 572.023,

Government Code.

(b) A county judicial officer or candidate who files a financial

statement with the commission shall file with the county clerk a

document stating that the officer or candidate is filing the

financial statement with the commission. The document must be

filed by the deadline for filing the financial statement.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 1, eff.

Sept. 1, 1997.

Sec. 159.053. FILING DATES; TIMELINESS OF FILING. (a) A county

judicial officer shall file the financial statement required by

this subchapter within the time prescribed by Section 572.026,

Government Code. A candidate for office as a county judicial

officer shall file the financial statement required by this

subchapter within the time prescribed by Section 572.027,

Government Code.

(b) The timeliness of the filing is governed by Section 572.029,

Government Code.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1,

1995.

Sec. 159.054. PREPARATION OF FORMS. (a) The county clerk may:

(1) design a form to be used for filing the financial statement

required by this subchapter; or

(2) require that a form designed by the commission under Chapter

572, Government Code, be used for filing the financial statement.

(b) The county clerk shall make copies of the form available to

each person required to file under this subchapter within the

time prescribed by Section 572.030(c), Government Code.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 2, eff.

Sept. 1, 1997.

Sec. 159.055. PUBLIC ACCESS TO STATEMENTS. (a) Except as

provided by Subsection (b), a financial statement filed under

this subchapter or a document filed under Section 159.052(b) is a

public record. The county clerk or the commission shall maintain

the financial statements or documents in a manner that is

accessible to the public during regular business hours.

(b) On the written request of a county judicial officer or

candidate, the county clerk or the commission shall remove the

names of the officer's or candidate's dependent children from the

officer's or candidate's financial statement before the statement

is made available to a member of the public.

(c) Until the first anniversary of the date a financial

statement is filed, each time a person requests to see the

financial statement, excluding the county clerk or an employee of

the county clerk or the commission, acting on official business,

the county clerk or the commission shall place in the file a

statement of the person's name and address, whom the person

represents, and the date of the request. The county clerk or the

commission shall maintain that statement in the file until the

first anniversary of the date the financial statement is filed.

(d) After the second anniversary of the date a person ceases to

be a county judicial officer, the county clerk or the commission

may and on notification from the former officer shall destroy

each financial statement filed by the officer.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 3, eff.

Sept. 1, 1997.

Sec. 159.056. FAILURE TO FILE; CRIMINAL PENALTY. (a) A person

commits an offense if the person:

(1) is a county judicial officer or a candidate for office as a

county judicial officer; and

(2) knowingly fails to file a financial statement as required by

this subchapter.

(b) An offense under this section is a Class B misdemeanor.

Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1,

1995.