Texas 2015 - 84th Regular

Texas House Bill HB1294 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~84R3395 ATP-D~~
2		-	~~By: Capriglione~~, ~~Geren H~~.~~B. No. 1294~~
	1	+	By: Capriglione, Geren, Goldman, Simmons, H.B. No. 1294
	2	+	Bonnen of Galveston, et al.
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7		-	relating to the disclosure on personal financial statements of
	7	+	rel
	8	+	ating to the disclosure on personal financial statements of
8	9		certain contracts or subcontracts with governmental entities.
9	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	11		SECTION 1. Section 572.023, Government Code, is amended by
11		-	amending Subsection (b) and adding ~~Subsection~~ (e) to ~~read as~~
12		-	follows:
	12	+	amending Subsection (b) and adding Subsections (e), (f), and (g) to
	13	+	read as follows:
13	14		(b) The account of financial activity consists of:
14	15		(1) a list of all sources of occupational income,
15	16		identified by employer, or if self-employed, by the nature of the
16	17		occupation, including identification of a person or other
17	18		organization from which the individual or a business in which the
18	19		individual has a substantial interest received a fee as a retainer
19	20		for a claim on future services in case of need, as distinguished
20	21		from a fee for services on a matter specified at the time of
21	22		contracting for or receiving the fee, if professional or
22	23		occupational services are not actually performed during the
23	24		reporting period equal to or in excess of the amount of the
24	25		retainer, and the category of the amount of the fee;
25	26		(2) identification by name and the category of the
26	27		number of shares of stock of any business entity held or acquired,
27	28		and if sold, the category of the amount of net gain or loss realized
28	29		from the sale;
29	30		(3) a list of all bonds, notes, and other commercial
30	31		paper held or acquired, and if sold, the category of the amount of
31	32		net gain or loss realized from the sale;
32	33		(4) identification of each source and the category of
33	34		the amount of income in excess of $500 derived from each source from
34	35		interest, dividends, royalties, and rents;
35	36		(5) identification of each guarantor of a loan and
36	37		identification of each person or financial institution to whom a
37	38		personal note or notes or lease agreement for a total financial
38	39		liability in excess of $1,000 existed at any time during the year
39	40		and the category of the amount of the liability;
40	41		(6) identification by description of all beneficial
41	42		interests in real property and business entities held or acquired,
42	43		and if sold, the category of the amount of the net gain or loss
43	44		realized from the sale;
44	45		(7) identification of a person or other organization
45	46		from which the individual or the individual's spouse or dependent
46	47		children received a gift of anything of value in excess of $250 and
47	48		a description of each gift, except:
48	49		(A) a gift received from an individual related to
49	50		the individual at any time within the second degree by
50	51		consanguinity or affinity, as determined under Subchapter B,
51	52		Chapter 573;
52	53		(B) a political contribution that was reported as
53	54		required by Chapter 254, Election Code; and
54	55		(C) an expenditure required to be reported by a
55	56		person required to be registered under Chapter 305;
56	57		(8) identification of the source and the category of
57	58		the amount of all income received as beneficiary of a trust, other
58	59		than a blind trust that complies with Subsection (c), and
59	60		identification of each trust asset, if known to the beneficiary,
60	61		from which income was received by the beneficiary in excess of $500;
61	62		(9) identification by description and the category of
62	63		the amount of all assets and liabilities of a corporation, firm,
63	64		partnership, limited partnership, limited liability partnership,
64	65		professional corporation, professional association, joint venture,
65	66		or other business association in which 50 percent or more of the
66	67		outstanding ownership was held, acquired, or sold;
67	68		(10) a list of all boards of directors of which the
68	69		individual is a member and executive positions that the individual
69	70		holds in corporations, firms, partnerships, limited partnerships,
70	71		limited liability partnerships, professional corporations,
71	72		professional associations, joint ventures, or other business
72	73		associations or proprietorships, stating the name of each
73	74		corporation, firm, partnership, limited partnership, limited
74	75		liability partnership, professional corporation, professional
75	76		association, joint venture, or other business association or
76	77		proprietorship and the position held;
77	78		(11) identification of any person providing
78	79		transportation, meals, or lodging expenses permitted under Section
79	80		36.07(b), Penal Code, and the amount of those expenses, other than
80	81		expenditures required to be reported under Chapter 305;
81	82		(12) any corporation, firm, partnership, limited
82	83		partnership, limited liability partnership, professional
83	84		corporation, professional association, joint venture, or other
84	85		business association, excluding a publicly held corporation, in
85	86		which both the individual and a person registered under Chapter 305
86	87		have an interest;
87	88		(13) identification by name and the category of the
88	89		number of shares of any mutual fund held or acquired, and if sold,
89	90		the category of the amount of net gain or loss realized from the
90	91		sale; [and]
91	92		(14) identification of each blind trust that complies
92	93		with Subsection (c), including:
93	94		(A) the category of the fair market value of the
94	95		trust;
95	96		(B) the date the trust was created;
96	97		(C) the name and address of the trustee; and
97	98		(D) a statement signed by the trustee, under
98	99		penalty of perjury, stating that:
99	100		(i) the trustee has not revealed any
100	101		information to the individual, except information that may be
101	102		disclosed under Subdivision (8); and
102	103		(ii) to the best of the trustee's knowledge,
103	104		the trust complies with this section; and
104	105		(15) if the aggregate cost of goods or services sold
105	106		under one or more written contracts described by this subdivision
106		-	exceeds $10,000 in the year covered by the report, identification
107		-	of each written contract, including the name of each party to the
108		-	contract:
	107	+	exceeds $10,000 in the year covered by the report, affirmative
	108	+	acknowledgement of the existence of one or more contracts:
109	109		(A) for the sale of goods or services in the
110	110		amount of $2,500 or more;
111	111		(B) to which the individual, the individual's
112	112		spouse, the individual's dependent child, or any business entity of
113	113		which the individual, the individual's spouse, or the individual's
114	114		dependent child has at least a 50 percent ownership interest is a
115	115		party; and
116	116		(C) with:
117	117		(i) a governmental entity; or
118	118		(ii) a person who contracts with a
119		-	governmental entity, to fulfill one or more of the person's
120		-	obligations to the governmental entity under that contract.
	119	+	governmental entity, in accordance with the contract between the
	120	+	person contracting with the governmental entity and the individual
	121	+	or entity described by Paragraph (B).
121	122		(e) In this section, "governmental entity" means the state,
122	123		a political subdivision of the state, or an agency or department of
123	124		the state or a political subdivision of the state.
	125	+	(f) Subsection (b)(15) does not require the disclosure of an
	126	+	employment contract between a school district or open-enrollment
	127	+	charter school and an employee of the district or school.
	128	+	(g) An individual who has acknowledged the existence of
	129	+	contracts described by Subsection (b)(15) shall, on the request of
	130	+	the commission, furnish to the commission a detailed description of
	131	+	such contracts. The commission may request the description from an
	132	+	individual only after the commission receives a request for the
	133	+	information from another person.
124	134		SECTION 2. The change in law made by this Act applies only
125	135		to a financial statement filed under Subchapter B, Chapter 572,
126	136		Government Code, as amended by this Act, on or after January 1,
127	137		2017. A financial statement filed before January 1, 2017, is
128	138		governed by the law in effect on the date of filing, and the former
129	139		law is continued in effect for that purpose.
130	140		SECTION 3. This Act takes effect September 1, 2015.