CHAPTER 145. FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR LOCAL GOVERNMENT OFFICERS

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES

CHAPTER 145. FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR

LOCAL GOVERNMENT OFFICERS

Sec. 145.001. APPLICABILITY OF CHAPTER. This chapter applies

only to a municipality with a population of 100,000 or more.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.002. DEFINITION. In this chapter, "municipal officer"

means the mayor, a member of the governing body, the municipal

attorney, or the city manager of a municipality.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.003. FINANCIAL STATEMENT REQUIRED. (a) A municipal

officer or a candidate for a municipal office filled by election

shall file a financial statement as required by this chapter.

(b) The statement must:

(1) be filed with the clerk or secretary of the municipality in

which the officer or candidate resides; and

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

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.004. FILING DATES; TIMELINESS OF FILING. (a) A

municipal officer shall file the financial statement required by

this chapter within the time prescribed by Section 572.026(a),

Government Code.

(b) A person who is appointed to a municipal office shall file

the financial statement required by this chapter within the time

prescribed by Section 572.026(c), Government Code.

(c) A candidate for a municipal office filled by election shall

file the financial statement required by this chapter not later

than the earlier of:

(1) the 20th day after the deadline for filing an application

for a place on the ballot in the election; or

(2) the fifth day before the date of the election.

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

Government Code.

(e) A municipal officer or a person who is appointed to a

municipal office may request the clerk or secretary of the

municipality to grant an extension of not more than 60 days for

filing the statement. The clerk or secretary shall grant the

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

officer's physical or mental incapacity prevents the officer from

filing the statement or requesting an extension before the filing

deadline. The clerk or secretary may not grant more than one

extension to a person in one year except for good cause shown.

(f) The clerk or secretary may not grant an extension to a

candidate for a municipal office filled by election.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.005. FORM OF STATEMENT. (a) The clerk or secretary of

the municipality shall require that the form designed by the

Texas Ethics Commission under Chapter 572, Government Code, be

used for filing the financial statement.

(b) The clerk or secretary shall mail two copies of the form to

each municipal officer or person who is appointed to a municipal

office who is required to file under this chapter within the time

prescribed by Section 572.030(c)(1), Government Code. The clerk

or secretary shall mail a copy of the form to each candidate for

a municipal office filled by election who is required to file

under this chapter not later than the 10th day before the

deadline for filing the statement under Section 145.004(c).

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.006. DUPLICATE OR SUPPLEMENTAL STATEMENTS. If a person

has filed a financial statement under one provision of this

chapter covering the preceding calendar year, the person is not

required to file a financial statement required under another

provision of this chapter covering that same year if, before the

deadline for filing the statement under the other provision, the

person notifies the clerk or secretary of the municipality in

writing that the person has already filed a financial statement

under this chapter covering that year.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.007. PUBLIC ACCESS TO STATEMENTS. (a) Financial

statements filed under this chapter are public records. The clerk

or secretary of the municipality shall maintain the statements in

separate alphabetical files and in a manner that is accessible to

the public during regular office hours.

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

statement is filed, each time a person, other than the clerk or

secretary of the municipality or an employee of the clerk or

secretary who is acting on official business, requests to see the

financial statement, the clerk or secretary 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 clerk or

secretary shall retain that statement in the file until the first

anniversary of the date the requested financial statement is

filed.

(c) The clerk or secretary of the municipality may, and on

notification from a former officer or candidate shall, destroy

any financial statements filed by the officer or candidate after

the second anniversary of the date the person ceases to be an

officer or candidate, as applicable.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.008. NOTIFICATION TO PROSECUTING ATTORNEY. The clerk

or secretary of each municipality shall maintain a list of the

municipal officers and candidates for municipal office required

to file a financial statement under this chapter. Not later than

the 10th day after each applicable filing deadline, the municipal

clerk shall provide to the municipal attorney a copy of the list

showing for each municipal officer and candidate for municipal

office:

(1) whether the officer or candidate timely filed a financial

statement as required by this chapter;

(2) whether the officer or candidate timely requested and was

granted an extension of time to file as provided for by Section

145.004 and the new due date for each such officer or candidate;

or

(3) whether the officer or candidate did not timely file a

financial statement or receive an extension of time.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.009. CRIMINAL PENALTY. (a) A municipal officer or a

candidate for a municipal office filled by election commits an

offense if the officer or candidate knowingly fails to file a

financial statement as required by this chapter.

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

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

officer or candidate did not receive copies of the financial

statement form required to be mailed to the officer or candidate

by this chapter.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.

Sec. 145.010. CIVIL PENALTY. (a) A person who determines that

a person required to file a financial statement under this

chapter has failed to do so may notify in writing the municipal

attorney of the municipality.

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

municipal 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 municipal 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 date the person

receives the notice under Subsection (b), the person is civilly

liable to the municipality 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 municipality.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,

2003.