83R8348 EES-F
By: Miller of Comal H.B. No. 2702
A BILL TO BE ENTITLED
AN ACT
relating to the electronic filing of personal financial statements
by certain county officers, county employees, and candidates for
county office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 159.004, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (e) and
(f) to read as follows:
(b) Except as provided in Subsection (e), the [The]
timeliness of the filing is governed by Section 572.029, Government
Code.
(e) A person is considered to have timely filed a financial
statement under this subchapter if the county clerk with whom the
statement is required to be filed has adopted rules and procedures
to provide for the electronic filing of the statement and the
statement is electronically filed in accordance with those rules
and procedures not later than midnight of the last day for filing
the statement.
(f) A county clerk with whom a financial statement is
electronically filed under Subsection (e) must issue an electronic
receipt to the person filing the statement at the time the statement
is filed. The time stamp on the receipt is prima facie evidence of
the date the statement was filed.
SECTION 2. Subchapter B, Chapter 159, Local Government
Code, is amended by adding Section 159.0341 to read as follows:
Sec. 159.0341. TIMELINESS OF FILING. (a) A person is
considered to have timely filed a report under this subchapter if:
(1) the report is filed in accordance with Section
572.029, Government Code; or
(2) the officer with whom the report is required to be
filed has adopted rules and procedures to provide for the
electronic filing of the report and the report is electronically
filed in accordance with those rules and procedures not later than
midnight of the last day for filing the report.
(b) An officer with whom a report is electronically filed
under Subsection (a) must issue an electronic receipt to the person
filing the report at the time the report is filed. The time stamp on
the receipt is prima facie evidence of the date the report was
filed.
SECTION 3. Section 159.053, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) Except as provided in Subsections (c), the [The]
timeliness of the filing is governed by Section 572.029, Government
Code.
(c) A person is considered to have timely filed a financial
statement under this subchapter if the county clerk with whom the
statement is required to be filed has adopted rules and procedures
to provide for the electronic filing of the statement and the
statement is electronically filed in accordance with those rules
and procedures not later than midnight of the last day for filing
the statement.
(d) A county clerk with whom a financial statement is
electronically filed under Subsection (c) must issue an electronic
receipt to the person filing the statement at the time the statement
is filed. The time stamp on the receipt is prima facie evidence of
the date the statement was filed.
SECTION 4. The changes in law made by this Act to Chapter
159, Local Government Code, apply only to a financial statement or
report required to be filed under that chapter that is due on or
after January 1, 2014.
SECTION 5. 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, 2013.