81R9221 ESH-D
By: Pena H.B. No. 3924
A BILL TO BE ENTITLED
AN ACT
relating to filing with the Texas Ethics Commission disclosure
reports relating to political contributions and political
expenditures made in connection with offices and measures of local
governmental entities and to contracts with local governmental
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 571, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. REPORTING RELATED TO
LOCAL GOVERNMENTAL ENTITIES AND OFFICERS
Sec. 571.201. PURPOSE. The purpose of this subchapter is to
further the objective of fully disclosing information related to
political contributions and political expenditures made in
connection with offices and measures of local governmental entities
and to expenditures for petitioning local governmental entities by
allowing a local governmental entity, a candidate for or holder of
an office of a local governmental entity, or a person who petitions
a local governmental entity to use the commission's software and
other commission resources to file disclosure reports of
contributions and expenditures, including those reports required
by state law or a rule or ordinance adopted by a local governmental
entity.
Sec. 571.202. DEFINITIONS. In this subchapter:
(1) "Conflict of interest report" means:
(A) a conflicts disclosure statement required
under Section 176.003, Local Government Code; or
(B) a conflict of interest questionnaire
required under Section 176.006, Local Government Code.
(2) "Local government employee" means an employee of a
local governmental entity.
(3) "Local governmental entity" and "local government
officer" have the meanings assigned by Section 176.001, Local
Government Code.
(4) "Political contribution," "political
expenditure," and "specific-purpose committee" have the meanings
assigned by Section 251.001, Election Code.
Sec. 571.203. USE OF COMMISSION SOFTWARE AND RESOURCES.
(a) To fulfill the purpose of this subchapter and to facilitate
filing of disclosure statements and reports required under state
law or a rule or ordinance adopted by a local governmental entity,
including reports of political contributions and political
expenditures required under Chapter 254, Election Code, financial
statements required under Chapters 145 and 159, Local Government
Code, and conflict of interest reports required under Chapter 176,
Local Government Code, the commission may allow the use of
commission software and resources by:
(1) a local governmental entity;
(2) a local government officer;
(3) a candidate for an office of a local governmental
entity;
(4) a specific-purpose committee for supporting or
opposing a candidate for an office of a local governmental entity,
assisting a local government officer, or supporting or opposing a
measure proposed by a local governmental entity; or
(5) a person who enters or seeks to enter into a
contract with a local governmental entity.
(b) The commission may provide assistance to a local
governmental entity, a local government officer, a candidate for an
office of a local governmental entity, a specific-purpose
committee, or a person who enters or seeks to enter into a contract
with a local governmental entity by:
(1) developing software to facilitate electronic
filing of disclosure statements and reports;
(2) accepting disclosure statements and reports for
electronic filing; and
(3) providing public access through the Internet to
electronic disclosure statements and reports filed with the
commission by:
(A) a local governmental entity;
(B) a local government officer;
(C) a candidate for an office of a local
governmental entity;
(D) a specific-purpose committee for supporting
or opposing a candidate for an office of a local governmental
entity, assisting a local government officer, or supporting or
opposing a measure proposed by a local governmental entity; or
(E) a person who enters or seeks to enter into a
contract with a local governmental entity.
(c) The commission may enter into an intergovernmental
contract with a local governmental entity to provide the assistance
described by Subsection (a).
Sec. 571.204. APPLICABILITY OF CHAPTER TO CERTAIN ENTITIES
AND PERSONS. Unless expressly provided by this chapter, the
provisions of Subchapters A-F do not apply to the filing of a
disclosure statement or report under this subchapter.
SECTION 2. This Act takes effect September 1, 2009.