2005 Texas Local Government Code CHAPTER 145. FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR LOCAL GOVERNMENT OFFICERS

LOCAL GOVERNMENT CODE

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


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.      


	§ 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, § 6.01, eff. Sept. 1, 
2003.