CHAPTER 159. FINANCIAL DISCLOSURE BY COUNTY OFFICERS AND EMPLOYEES
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.