Texas 2013 - 83rd Regular

Texas House Bill HB524 Compare Versions

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1	1	83R26188 ATP-D
2	2	By: Capriglione, M. Gonzalez of El Paso, H.B. No. 524
3	3	Fallon, Kolkhorst, Miller of Fort Bend,
4	4	et al.
5	5	Substitute the following for H.B.
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the disclosure on personal financial statements of
11	11	certain contracts or subcontracts with governmental entities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 572.023, Government Code, is amended by
14	14	amending Subsection (b) and adding Subsection (e) to read as
15	15	follows:
16	16	(b) The account of financial activity consists of:
17	17	(1) a list of all sources of occupational income,
18	18	identified by employer, or if self-employed, by the nature of the
19	19	occupation, including identification of a person or other
20	20	organization from which the individual or a business in which the
21	21	individual has a substantial interest received a fee as a retainer
22	22	for a claim on future services in case of need, as distinguished
23	23	from a fee for services on a matter specified at the time of
24	24	contracting for or receiving the fee, if professional or
25	25	occupational services are not actually performed during the
26	26	reporting period equal to or in excess of the amount of the
27	27	retainer, and the category of the amount of the fee;
28	28	(2) identification by name and the category of the
29	29	number of shares of stock of any business entity held or acquired,
30	30	and if sold, the category of the amount of net gain or loss realized
31	31	from the sale;
32	32	(3) a list of all bonds, notes, and other commercial
33	33	paper held or acquired, and if sold, the category of the amount of
34	34	net gain or loss realized from the sale;
35	35	(4) identification of each source and the category of
36	36	the amount of income in excess of $500 derived from each source from
37	37	interest, dividends, royalties, and rents;
38	38	(5) identification of each guarantor of a loan and
39	39	identification of each person or financial institution to whom a
40	40	personal note or notes or lease agreement for a total financial
41	41	liability in excess of $1,000 existed at any time during the year
42	42	and the category of the amount of the liability;
43	43	(6) identification by description of all beneficial
44	44	interests in real property and business entities held or acquired,
45	45	and if sold, the category of the amount of the net gain or loss
46	46	realized from the sale;
47	47	(7) identification of a person or other organization
48	48	from which the individual or the individual's spouse or dependent
49	49	children received a gift of anything of value in excess of $250 and
50	50	a description of each gift, except:
51	51	(A) a gift received from an individual related to
52	52	the individual at any time within the second degree by
53	53	consanguinity or affinity, as determined under Subchapter B,
54	54	Chapter 573;
55	55	(B) a political contribution that was reported as
56	56	required by Chapter 254, Election Code; and
57	57	(C) an expenditure required to be reported by a
58	58	person required to be registered under Chapter 305;
59	59	(8) identification of the source and the category of
60	60	the amount of all income received as beneficiary of a trust, other
61	61	than a blind trust that complies with Subsection (c), and
62	62	identification of each trust asset, if known to the beneficiary,
63	63	from which income was received by the beneficiary in excess of $500;
64	64	(9) identification by description and the category of
65	65	the amount of all assets and liabilities of a corporation, firm,
66	66	partnership, limited partnership, limited liability partnership,
67	67	professional corporation, professional association, joint venture,
68	68	or other business association in which 50 percent or more of the
69	69	outstanding ownership was held, acquired, or sold;
70	70	(10) a list of all boards of directors of which the
71	71	individual is a member and executive positions that the individual
72	72	holds in corporations, firms, partnerships, limited partnerships,
73	73	limited liability partnerships, professional corporations,
74	74	professional associations, joint ventures, or other business
75	75	associations or proprietorships, stating the name of each
76	76	corporation, firm, partnership, limited partnership, limited
77	77	liability partnership, professional corporation, professional
78	78	association, joint venture, or other business association or
79	79	proprietorship and the position held;
80	80	(11) identification of any person providing
81	81	transportation, meals, or lodging expenses permitted under Section
82	82	36.07(b), Penal Code, and the amount of those expenses, other than
83	83	expenditures required to be reported under Chapter 305;
84	84	(12) any corporation, firm, partnership, limited
85	85	partnership, limited liability partnership, professional
86	86	corporation, professional association, joint venture, or other
87	87	business association, excluding a publicly held corporation, in
88	88	which both the individual and a person registered under Chapter 305
89	89	have an interest;
90	90	(13) identification by name and the category of the
91	91	number of shares of any mutual fund held or acquired, and if sold,
92	92	the category of the amount of net gain or loss realized from the
93	93	sale; [and]
94	94	(14) identification of each blind trust that complies
95	95	with Subsection (c), including:
96	96	(A) the category of the fair market value of the
97	97	trust;
98	98	(B) the date the trust was created;
99	99	(C) the name and address of the trustee; and
100	100	(D) a statement signed by the trustee, under
101	101	penalty of perjury, stating that:
102	102	(i) the trustee has not revealed any
103	103	information to the individual, except information that may be
104	104	disclosed under Subdivision (8); and
105	105	(ii) to the best of the trustee's knowledge,
106	106	the trust complies with this section; and
107	107	(15) if the aggregate cost of goods or services sold
108	108	under one or more written contracts described by this subdivision
109	109	exceeds $10,000 in the year covered by the report, identification
110	110	of each written contract, including the name of each party to the
111	111	contract:
112	112	(A) for the sale of goods or services in the
113	113	amount of $2,500 or more;
114	114	(B) to which the individual, the individual's
115	115	spouse, the individual's dependent child, or any business entity of
116	116	which the individual, the individual's spouse, or the individual's
117	117	dependent child has at least a 50 percent ownership interest is a
118	118	party; and
119	119	(C) with:
120	120	(i) a governmental entity; or
121	121	(ii) a person who contracts with a
122	122	governmental entity, to fulfill one or more of the person's
123	123	obligations to the governmental entity under that contract.
124	124	(e) In this section, "governmental entity" means the state,
125	125	a political subdivision of the state, or an agency or department of
126	126	the state or a political subdivision of the state.
127	127	SECTION 2. The change in law made by this Act applies only
128	128	to a financial statement filed under Subchapter B, Chapter 572,
129	129	Government Code, as amended by this Act, on or after January 1,
130	130	2015. A financial statement filed before January 1, 2015, is
131	131	governed by the law in effect on the date of filing, and the former
132	132	law is continued in effect for that purpose.
133	133	SECTION 3. This Act takes effect September 1, 2013.