H.B. No. 1246
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1246 was passed by the House on April
23, 2015, by the following vote: Yeas 140, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1246 on May 18, 2015, by the following vote: Yeas 134, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1246 was passed by the Senate, with
amendments, on May 12, 2015, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor