84R17889 MK-F
By: Davis of Harris H.B. No. 3511
Substitute the following for H.B. No. 3511:
By: Turner of Tarrant C.S.H.B. No. 3511
A BILL TO BE ENTITLED
AN ACT
relating to the contents of financial statements that are
electronically filed by certain persons; adding a provision subject
to criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 572.023, Government Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) A person who electronically files a verified financial
statement with the commission or another filing authority is not
required to include a notarized affidavit with the financial
statement if the person:
(1) has requested and received an electronic filing
password pursuant to the rules of the commission or other
authority, as applicable; and
(2) uses that password to file the financial
statement.
(h) Each financial statement filed under this chapter that
is not filed electronically must be accompanied by an affidavit
executed by the person required to file the financial statement.
The affidavit must contain the statement: "I swear, or affirm,
under penalty of perjury, that the accompanying report is true and
correct and includes all information required to be reported by me
under Chapter 572, Government Code." Each financial statement filed
electronically under this chapter must be under oath by the person
required to file the financial statement and must contain, in
compliance with commission or local filing authority
specifications, the digitized signature of the person required to
file the financial statement. A financial statement filed under
this chapter is considered to be under oath by the person required
to file the financial statement, and the person is subject to
prosecution under Chapter 37, Penal Code, regardless of the absence
of or a defect in the affidavit.
SECTION 2. 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 3. This Act takes effect September 1, 2015.