84R2562 MK-D
By: Márquez H.B. No. 1085
A BILL TO BE ENTITLED
AN ACT
relating to the filing of financial disclosure statements by
trustees of an independent school district; providing criminal and
civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 11.064(a), (b), (c), and (d), Education
Code, are amended to read as follows:
(a) Each member of the [The] board of trustees of an
independent school district shall [by resolution adopted by
majority vote may require each member of the board to] file a [the]
financial statement [required of state officers under Subchapter B,
Chapter 572, Government Code,] with:
(1) the board of trustees; and
(2) the commissioners court of the county in which the
school district's central administrative office is located [Texas
Ethics Commission].
(b) The provisions of Subchapter B, Chapter 572, Government
Code, governing[:
[(1) applies to a trustee subject to this section as if
the trustee were a state officer; and
[(2) governs] the contents, timeliness of filing, and
public inspection of a statement apply to a statement filed under
this section as if the trustee were a state officer and the
commissioners court of the county were the Texas Ethics Commission.
(c) A trustee [serving in a school district that has adopted
a resolution under Subsection (a) or that is subject to an order
issued under Subsection (a-3)] commits an offense if the trustee
fails to file the statement required by this section [the
resolution or order]. An offense under this section is a Class B
misdemeanor.
(d) The commissioners court of a county shall determine from
any available evidence whether a statement required to be filed
under this section is late. On making a determination that the
statement is late, the commissioners court shall immediately mail a
notice of the determination to the individual responsible for
filing the statement. If a statement is determined to be late, the
individual responsible for filing the statement is liable to the
county for a civil penalty of $500. If a statement is more than 30
days late, the commissioners court shall issue a warning of
liability by registered mail to the individual responsible for the
filing. If the penalty is not paid before the 10th day after the
date on which the warning is received, the individual is liable for
a civil penalty in an amount determined by the commissioners court,
but not to exceed $10,000. [This section does not apply to the
board of trustees of an independent school district to which
Section 11.0641 applies. This subsection expires January 1, 2019.]
SECTION 2. Sections 11.064(a-1), (a-2), (a-3), and (a-4)
and 11.0641, Education Code, are repealed.
SECTION 3. (a) The changes in law made by this Act to
Section 11.064, Education Code, apply beginning January 1, 2017, to
a trustee who, before the effective date of this Act, was not
required to file a financial statement under Section 11.064 or
11.0641, Education Code, and such a trustee is not required to
include financial activity occurring before January 1, 2016, in a
statement filed under those sections. A trustee who was required to
file a financial statement under Section 11.0641, Education Code,
before its repeal by this Act shall file a financial statement under
Section 11.064, Education Code, for financial activity occurring in
2015.
(b) The change in law made by this Act applies only to an
offense committed on or after January 1, 2016. For purposes of this
section, an offense is committed before January 1, 2016, if any
element of the offense occurs before that date.
(c) An offense committed before January 1, 2016, is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect January 1, 2016.