By: Koop, et al. H.B. No. 1246
COMMITTEE SUBSTITUTE FOR H.B. No. 1246By: Estes By: Estes
(In the Senate - Received from the House April 27, 2015;
April 28, 2015, read first time and referred to Committee on State
Affairs; May 6, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; May 6, 2015,
sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the methods of delivery for required financial
statement forms sent to certain municipal officeholders and
candidates for municipal office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 145.002, Local Government Code, is
amended to read as follows:
Sec. 145.002. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Deliver" means transmitting by mail, personal
delivery, or e-mail or any other means of electronic transfer.
(2) "Municipal[, "municipal] officer" means the
mayor, a member of the governing body, the municipal attorney, or
the city manager of a municipality.
SECTION 2. Section 145.005(b), Local Government Code, is
amended to read as follows:
(b) The clerk or secretary shall deliver at least one copy
[mail two copies] of the form to each municipal officer or person
who is appointed to a municipal office who is required to file under
this chapter within the time prescribed by Section 572.030(c)(1),
Government Code. The clerk or secretary shall deliver [mail] a copy
of the form to each candidate for a municipal office filled by
election who is required to file under this chapter not later than
the 10th day before the deadline for filing the statement under
Section 145.004(c). The clerk or secretary may choose one or more
methods to deliver the form.
SECTION 3. Section 145.009(c), Local Government Code, is
amended to read as follows:
(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 delivered [mailed] to the officer or
candidate by this chapter.
SECTION 4. Section 145.005(b), Local Government Code, as
amended by this Act, applies only to a financial statement due on or
after the effective date of this Act. A financial statement due
before the effective date of this Act is governed by the law in
effect on the date the financial statement was due, and the former
law is continued in effect for that purpose.
SECTION 5. Section 145.009(c), Local Government Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2015.
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