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AN ACT
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relating to the filing of financial statements by justices of the |
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peace and candidates for justice of the peace in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 159.001, Local Government Code, is |
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amended to read as follows: |
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Sec. 159.001. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to: |
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(1) a county officer or candidate for a county office |
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of a county with a population of 100,000 or more; or |
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(2) a justice of the peace or a candidate for the |
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office of justice of the peace of a county with a population of |
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125,000 or more. |
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SECTION 2. Section 159.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 159.003. FINANCIAL STATEMENT REQUIRED. (a) A county |
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officer, [or a] candidate for a county office, justice of the peace, |
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or candidate for the office of justice of the peace shall file a |
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financial statement as required by this subchapter. |
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(b) The statement must: |
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(1) be filed with the county clerk of the county in |
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which the officer, justice, or candidate resides; and |
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(2) comply with Sections 572.022 and 572.023, |
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Government Code. |
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SECTION 3. Sections 159.004(a), (c), and (d), Local |
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Government Code, are amended to read as follows: |
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(a) A county officer or justice of the peace shall file the |
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financial statement required by this subchapter within the time |
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prescribed by Section 572.026, Government Code. A candidate for |
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office as a county officer or justice of the peace shall file the |
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financial statement required by this subchapter within the time |
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prescribed by Section 572.027, Government Code. |
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(c) A county officer or justice of the peace may request the |
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county clerk to grant an extension of time of not more than 60 days |
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for filing the statement. The county clerk shall grant the request |
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if it is received before the filing deadline or if a timely filing |
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or request for extension is prevented because of physical or mental |
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incapacity. The county clerk may not grant more than one extension |
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to a person in one year except for good cause shown. |
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(d) The county clerk may not grant an extension to a |
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candidate for office as a county officer or justice of the peace. |
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SECTION 4. Section 159.007(c), Local Government Code, is |
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amended to read as follows: |
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(c) The county clerk may, and on notification from a former |
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county officer, justice of the peace, or candidate shall, destroy |
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any financial statements filed by the officer, justice, or |
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candidate two years after the date the person ceases to be an |
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officer, justice, or candidate, as applicable. |
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SECTION 5. Section 159.0071, Local Government Code, is |
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amended to read as follows: |
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Sec. 159.0071. NOTIFICATION TO PROSECUTING ATTORNEY. The |
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county clerk of each county in which a person is required to file a |
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financial statement under this chapter shall maintain a list of the |
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county officers, [and] candidates for county office, justices of |
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the peace, and candidates for the office of justice of the peace |
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required to file the [a] financial statement [under this
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subchapter]. Not later than the 10th day after each applicable |
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filing deadline, the county clerk shall provide to the county |
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attorney or criminal district attorney a copy of the list showing |
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for each county officer, [and] candidate for county office, justice |
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of the peace, and candidate for justice of the peace: |
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(1) whether the officer, justice, or candidate timely |
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filed a financial statement as required by this subchapter; |
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(2) whether the officer, justice, or candidate timely |
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requested and was granted an extension of time to file as provided |
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for by Section 159.004 and the new due date for each such officer, |
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justice, or candidate; or |
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(3) whether the officer, justice, or candidate did not |
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timely file a financial statement or receive an extension of time. |
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SECTION 6. Sections 159.008(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) A county officer, [or a] candidate for county office, |
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justice of the peace, or candidate for the office of justice of the |
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peace commits an offense if the officer, justice, or candidate |
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knowingly fails to file a financial statement as required by this |
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subchapter. |
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(c) It is a defense to prosecution under this section that |
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the officer, justice, or candidate did not receive copies of the |
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financial statement form required to be mailed to the officer, |
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justice, or candidate by this subchapter. |
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SECTION 7. A justice of the peace or a candidate for that |
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office on the effective date of this Act must file the financial |
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statement required for county officers under Subchapter A, Chapter |
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159, Local Government Code, as amended by this Act, on the first |
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applicable financial statement filing deadline that occurs after |
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the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2468 was passed by the House on April |
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12, 2007, by the following vote: Yeas 138, Nays 4, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2468 on May 17, 2007, by the following vote: Yeas 143, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2468 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |