US Laws, Codes, Statutes & Cases

LOCAL GOVERNMENT CODE

CHAPTER 159. FINANCIAL DISCLOSURE BY COUNTY OFFICERS AND EMPLOYEES

SUBCHAPTER A. FINANCIAL DISCLOSURE BY CERTAIN COUNTY OFFICERS


	§ 159.001. APPLICABILITY OF SUBCHAPTER.  This subchapter 
applies only to a county with a population of 100,000 or more.

Amended by Acts 1997, 75th Leg., ch. 1134, § 18, eff. Sept. 1, 
1997.     


	§ 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, § 18, eff. Sept. 1, 
1997.     


	§ 159.003. FINANCIAL STATEMENT REQUIRED.  (a) A county 
officer or a candidate for a county office 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 or candidate resides;  and
		(2)  comply with Sections 572.022 and 572.023, 
Government Code.             

Amended by Acts 1997, 75th Leg., ch. 1134, § 18, eff. Sept. 1, 
1997.     


	§ 159.004. FILING DATES;  TIMELINESS OF FILING.  (a) A 
county 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 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.
	(c)  A county officer 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.

Amended by Acts 1997, 75th Leg., ch. 1134, § 18, eff. Sept. 1, 
1997.     


	§ 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 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, § 18, eff. Sept. 1, 
1997.     


	§ 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, § 18, eff. Sept. 1, 
1997.     


	§ 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 
officer or candidate shall, destroy any financial statements filed 
by the officer or candidate two years after the date the person 
ceases to be an officer or candidate, as applicable.

Amended by Acts 1997, 75th Leg., ch. 1134, § 18, eff. Sept. 1, 
1997.     


	§ 159.0071. NOTIFICATION TO PROSECUTING ATTORNEY.  The 
county clerk of each county shall maintain a list of the county 
officers and candidates for county office required to file a 
financial statement under this subchapter.  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 and candidate for county 
office:
		(1)  whether the officer or candidate timely filed a 
financial statement as required by this subchapter;
		(2)  whether the officer 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 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, § 6.02, eff. Sept. 1, 
2003.      


	§ 159.008. CRIMINAL PENALTY.  (a) A county officer or a 
candidate for county office commits an offense if the officer 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 or candidate did not receive copies of the financial 
statement form required to be mailed to the officer or candidate by 
this subchapter.

Amended by Acts 1997, 75th Leg., ch. 1134, § 18, eff. Sept. 1, 
1997.     


	§ 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, § 18, eff. Sept. 1, 
1997.     


	§ 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, § 18, eff. Sept. 1, 
1997.     

SUBCHAPTER B. FINANCIAL DISCLOSURE BY OTHER COUNTY OFFICERS AND 
EMPLOYEES


	§ 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, § 38(a), eff. Aug. 28, 
1989.  Renumbered from § 159.001 and amended by Acts 1991, 72nd 
Leg., ch. 304, § 7.01, eff. Jan. 1, 1992.


	§ 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, § 39(a), eff. Aug. 28, 
1989.  Renumbered from § 159.002 and amended by Acts 1991, 72nd 
Leg., ch. 304, § 7.01, eff. Jan. 1, 1992.  Amended by Acts 1995, 
74th Leg., ch. 763, § 8, eff. Sept. 1, 1995;  Acts 1999, 76th 
Leg., ch. 62, § 13.05, eff. Sept. 1, 1999.


	§ 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, § 39(a), eff. Aug. 28, 
1989.  Renumbered from § 159.003 and amended by Acts 1991, 72nd 
Leg., ch. 304, § 7.01, eff. Jan. 1, 1992.


	§ 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.  The commissioners court may contract with 
the secretary of state for the filing of reports under this 
subchapter.
	(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, § 39(a), eff. Aug. 28, 
1989.  Renumbered from § 159.004 and amended by Acts 1991, 72nd 
Leg., ch. 304, § 7.01, eff. Jan. 1, 1992.  Amended by Acts 1995, 
74th Leg., ch. 76, § 5.95(38), eff. Sept. 1, 1995.


	§ 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, § 39(a), eff. Aug. 28, 
1989.  Renumbered from § 159.005 and amended by Acts 1991, 72nd 
Leg., ch. 304, § 7.01, eff. Jan. 1, 1992.


	§ 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, § 39(a), eff. Aug. 28, 
1989.  Renumbered from § 159.006 and amended by Acts 1991, 72nd 
Leg., ch. 304, § 7.01, eff. Jan. 1, 1992.

SUBCHAPTER C. FINANCIAL DISCLOSURE BY COUNTY JUDICIAL OFFICERS


	§ 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, § 7, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1154, § 1, eff. Sept. 1, 
1997.


	§ 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, § 7, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1154, § 1, eff. Sept. 1, 
1997.


	§ 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, § 7, eff. Sept. 1, 1995.           


	§ 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, § 7, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1154, § 2, eff. Sept. 1, 
1997.


	§ 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, § 7, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1154, § 3, eff. Sept. 1, 
1997.


	§ 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, § 7, eff. Sept. 1, 1995.