85R9546 ATP-D
 
  By: Turner H.B. No. 1941
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the contents of and public access to personal financial
  statements filed by public officials and candidates; amending
  provisions subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 572.022(a) and (d), Government Code,
  are amended to read as follows:
         (a)  If an amount in a financial statement is required to be
  reported by category, the individual filing the statement shall
  report whether the amount is:
               (1)  less than $200 [$5,000];
               (2)  at least $200 [$5,000] but less than $1,000
  [$10,000];
               (3)  at least $1,000 [$10,000] but less than $2,500
  [$25,000];
               (4)  at least $2,500 but less than $5,000;
               (5)  at least $5,000 but less than $15,000;
               (6)  at least $15,000 but less than $50,000;
               (7)  at least $50,000 but less than $100,000;
               (8)  at least $100,000 but less than $1,000,000;
               (9)  at least $1,000,000 but less than $5,000,000; or
               (10)  $5,000,000 [(4)  $25,000] or more.
         (d)  For a gift [of cash or a cash equivalent such as a
  negotiable instrument or gift certificate] that is reported in
  accordance with Section 572.023(b)(7), the individual filing the
  statement shall include in the description of the gift a statement
  of the value of the gift. If the reported gift is cash or a cash
  equivalent such as a negotiable instrument or gift certificate, the
  description must include the actual face value of the gift.
         SECTION 2.  Sections 572.023(a) and (b), Government Code,
  are amended to read as follows:
         (a)  A financial statement must include an account of the
  financial activity of the individual required by this subchapter to
  file a financial statement and an account of the financial activity
  of the individual's spouse and dependent children if the individual
  had actual control over that activity for:
               (1)  the preceding calendar year; or
               (2)  both the preceding calendar year and, listed
  separately, the year before the preceding calendar year, for
  information reported under Subsection (b)(1), (4), or (8).
         (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
  dollar value 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,
  the date the liability was incurred, 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.
         SECTION 3.  Section 572.032, Government Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Financial statements filed under this subchapter are
  public records. The commission shall maintain the statements in
  separate alphabetical files and in a manner that is accessible to
  the public during regular office hours and make the statements
  available to the public on the commission's website not later than
  the 15th day after the date the statement is required to be filed or
  is actually filed, whichever is later.
         (d)  The commission is not required to continue to make
  available on its website a financial statement that may be
  destroyed under Subsection (c).  The commission may not make
  available on its website a financial statement that the commission
  is required to destroy under Subsection (c).
         SECTION 4.  Sections 572.022(b) and 572.032(b), Government
  Code, are repealed.
         SECTION 5.  The changes in law made by this Act to Sections
  572.022 and 572.023, Government Code, apply only to a financial
  statement filed under Subchapter B, Chapter 572, Government Code,
  on or after January 1, 2019. A financial statement filed before
  January 1, 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 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.