| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disclosure of certain contracts, services, and |
|
|
compensation in personal financial statements filed by public |
|
|
officers and candidates. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 572.023, Government Code, is amended by |
|
|
amending Subsection (b) and adding Subsections (e) and (f) to read |
|
|
as follows: |
|
|
(b) The account of financial activity consists of: |
|
|
(1) a list of all sources of occupational income, |
|
|
identified by employer, or if self-employed, by the nature of the |
|
|
occupation, including identification of a person or other |
|
|
organization from which the individual or a business in which the |
|
|
individual has a substantial interest received a fee as a retainer |
|
|
for a claim on future services in case of need, as distinguished |
|
|
from a fee for services on a matter specified at the time of |
|
|
contracting for or receiving the fee, if professional or |
|
|
occupational services are not actually performed during the |
|
|
reporting period equal to or in excess of the amount of the |
|
|
retainer, and the category of the amount of the fee; |
|
|
(2) identification by name and the category of the |
|
|
number of shares of stock of any business entity held or acquired, |
|
|
and if sold, the category of the amount of net gain or loss realized |
|
|
from the sale; |
|
|
(3) a list of all bonds, notes, and other commercial |
|
|
paper held or acquired, and if sold, the category of the amount of |
|
|
net gain or loss realized from the sale; |
|
|
(4) identification of each source and the category of |
|
|
the amount of income in excess of $500 derived from each source from |
|
|
interest, dividends, royalties, and rents; |
|
|
(5) identification of each guarantor of a loan and |
|
|
identification of each person or financial institution to whom a |
|
|
personal note or notes or lease agreement for a total financial |
|
|
liability in excess of $1,000 existed at any time during the year |
|
|
and the category of the amount of the liability; |
|
|
(6) identification by description of all beneficial |
|
|
interests in real property and business entities held or acquired, |
|
|
and if sold, the category of the amount of the net gain or loss |
|
|
realized from the sale; |
|
|
(7) identification of a person or other organization |
|
|
from which the individual or the individual's spouse or dependent |
|
|
children received a gift of anything of value in excess of $250 and |
|
|
a description of each gift, except: |
|
|
(A) a gift received from an individual related to |
|
|
the individual at any time within the second degree by |
|
|
consanguinity or affinity, as determined under Subchapter B, |
|
|
Chapter 573; |
|
|
(B) a political contribution that was reported as |
|
|
required by Chapter 254, Election Code; and |
|
|
(C) an expenditure required to be reported by a |
|
|
person required to be registered under Chapter 305; |
|
|
(8) identification of the source and the category of |
|
|
the amount of all income received as beneficiary of a trust, other |
|
|
than a blind trust that complies with Subsection (c), and |
|
|
identification of each trust asset, if known to the beneficiary, |
|
|
from which income was received by the beneficiary in excess of $500; |
|
|
(9) identification by description and the category of |
|
|
the amount of all assets and liabilities of a corporation, firm, |
|
|
partnership, limited partnership, limited liability partnership, |
|
|
professional corporation, professional association, joint venture, |
|
|
or other business association in which 50 percent or more of the |
|
|
outstanding ownership was held, acquired, or sold; |
|
|
(10) a list of all boards of directors of which the |
|
|
individual is a member and executive positions that the individual |
|
|
holds in corporations, firms, partnerships, limited partnerships, |
|
|
limited liability partnerships, professional corporations, |
|
|
professional associations, joint ventures, or other business |
|
|
associations or proprietorships, stating the name of each |
|
|
corporation, firm, partnership, limited partnership, limited |
|
|
liability partnership, professional corporation, professional |
|
|
association, joint venture, or other business association or |
|
|
proprietorship and the position held; |
|
|
(11) identification of any person providing |
|
|
transportation, meals, or lodging expenses permitted under Section |
|
|
36.07(b), Penal Code, and the amount of those expenses, other than |
|
|
expenditures required to be reported under Chapter 305; |
|
|
(12) any corporation, firm, partnership, limited |
|
|
partnership, limited liability partnership, professional |
|
|
corporation, professional association, joint venture, or other |
|
|
business association, excluding a publicly held corporation, in |
|
|
which both the individual and a person registered under Chapter 305 |
|
|
have an interest; |
|
|
(13) identification by name and the category of the |
|
|
number of shares of any mutual fund held or acquired, and if sold, |
|
|
the category of the amount of net gain or loss realized from the |
|
|
sale; [and] |
|
|
(14) identification of each blind trust that complies |
|
|
with Subsection (c), including: |
|
|
(A) the category of the fair market value of the |
|
|
trust; |
|
|
(B) the date the trust was created; |
|
|
(C) the name and address of the trustee; and |
|
|
(D) a statement signed by the trustee, under |
|
|
penalty of perjury, stating that: |
|
|
(i) the trustee has not revealed any |
|
|
information to the individual, except information that may be |
|
|
disclosed under Subdivision (8); and |
|
|
(ii) to the best of the trustee's knowledge, |
|
|
the trust complies with this section; |
|
|
(15) if the aggregate cost of goods or services sold |
|
|
under one or more written contracts described by this subdivision |
|
|
exceeds $10,000 in the year covered by the report, identification |
|
|
of each written contract, including the name of each party to the |
|
|
contract: |
|
|
(A) for the sale of goods or services in the |
|
|
amount of $2,500 or more; |
|
|
(B) to which the individual, the individual's |
|
|
spouse, the individual's dependent child, or any business entity of |
|
|
which the individual, the individual's spouse, or the individual's |
|
|
dependent child has at least a 50 percent ownership interest is a |
|
|
party; and |
|
|
(C) with: |
|
|
(i) a governmental entity; or |
|
|
(ii) a person who contracts with a |
|
|
governmental entity, in accordance with the contract between the |
|
|
person contracting with the governmental entity and the individual |
|
|
or entity described by Paragraph (B); and |
|
|
(16) if the individual is a member of the legislature |
|
|
and provides bond counsel services to an issuer, as defined by |
|
|
Section 1201.002(1), identification of the following for each |
|
|
issuance for which the individual served as bond counsel: |
|
|
(A) the amount of the issuance; |
|
|
(B) the name of the issuer; |
|
|
(C) the date of the issuance; |
|
|
(D) the amount of fees paid to the individual, |
|
|
and whether the amount is: |
|
|
(i) less than $5,000; |
|
|
(ii) at least $5,000 but less than $10,000; |
|
|
(iii) at least $10,000 but less than |
|
|
$25,000; or |
|
|
(iv) $25,000 or more; and |
|
|
(E) the amount of fees paid to the individual's |
|
|
firm, if applicable, and whether the amount is: |
|
|
(i) less than $5,000; |
|
|
(ii) at least $5,000 but less than $10,000; |
|
|
(iii) at least $10,000 but less than |
|
|
$25,000; or |
|
|
(iv) $25,000 or more. |
|
|
(e) In this section, "governmental entity" means this |
|
|
state, a political subdivision of the state, or an agency or |
|
|
department of the state or a political subdivision of the state. |
|
|
(f) Subsection (b)(15) does not require the disclosure of an |
|
|
employment contract between a school district or open-enrollment |
|
|
charter school and an employee of the district or school. |
|
|
SECTION 2. Section 572.0252, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 572.0252. INFORMATION ABOUT LEGAL REFERRALS. A state |
|
|
officer who is an attorney shall report on the financial statement: |
|
|
(1) making or receiving any referral for compensation |
|
|
for legal services; [and] |
|
|
(2) the date the referral is made or received; |
|
|
(3) the style of the case referred, if applicable; and |
|
|
(4) the percentage of the legal fee paid or received |
|
|
that was agreed to between the parties to the referral as the |
|
|
referral fee, or if the referral fee is not determined as a |
|
|
percentage of the legal fee, the agreed amount of the fee paid or |
|
|
received [the category of the amount of any fee accepted for making
|
|
|
a referral for legal services]. |
|
|
SECTION 3. The changes in law made by this Act to Subchapter |
|
|
B, Chapter 572, Government Code, apply only to a financial |
|
|
statement filed under Subchapter B, Chapter 572, Government Code, |
|
|
as amended by this Act, on or after January 8, 2019. A financial |
|
|
statement filed before January 8, 2019, is governed by the law in |
|
|
effect on the date of filing, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 4. This Act takes effect January 8, 2019. |