12 | 4 | | AN ACT |
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13 | 5 | | relating to the contents of financial statements filed by certain |
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14 | 6 | | persons; adding a provision subject to criminal penalties. |
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15 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 8 | | SECTION 1. Section 572.023, Government Code, is amended by |
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17 | 9 | | amending Subsection (a) and adding Subsections (g) and (h) to read |
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18 | 10 | | as follows: |
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19 | 11 | | (a) A financial statement must include an account of the |
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20 | 12 | | financial activity for the preceding calendar year of: |
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21 | 13 | | (1) any property characterized as separate property |
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22 | 14 | | under Section 3.001, Family Code, of the individual required by |
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23 | 15 | | this subchapter to file a financial statement; |
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24 | 16 | | (2) any community property of which the individual |
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25 | 17 | | required by this subchapter to file a financial statement has sole |
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26 | 18 | | management, control, and disposition as provided by Section |
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27 | 19 | | 3.102(a), Family Code; |
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28 | 20 | | (3) any community property of the individual required |
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29 | 21 | | by this subchapter to file a financial statement, if the individual |
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30 | 22 | | exercised both factual and legal control over the activity; and |
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31 | 23 | | (4) [an account of the financial activity of] the |
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32 | 24 | | individual's [spouse and] dependent children if the individual |
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33 | 25 | | exercised or held the right to exercise any degree of legal or |
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34 | 26 | | factual [had actual] control over that activity [for the preceding |
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35 | 27 | | calendar year]. |
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36 | 28 | | (g) A person who electronically files a verified financial |
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37 | 29 | | statement with the commission or another filing authority is not |
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38 | 30 | | required to include a notarized affidavit with the financial |
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39 | 31 | | statement if the person: |
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40 | 32 | | (1) has requested and received an electronic filing |
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41 | 33 | | password pursuant to the rules of the commission or other |
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42 | 34 | | authority, as applicable; and |
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43 | 35 | | (2) uses that password to file the financial |
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44 | 36 | | statement. |
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45 | 37 | | (h) Each financial statement filed under this chapter that |
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46 | 38 | | is not filed electronically must be accompanied by an affidavit |
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47 | 39 | | executed by the person required to file the financial statement. |
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48 | 40 | | The affidavit must contain the statement: "I swear, or affirm, |
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49 | 41 | | under penalty of perjury, that the accompanying report is true and |
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50 | 42 | | correct and includes all information required to be reported by me |
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51 | 43 | | under Chapter 572, Government Code." Each financial statement filed |
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52 | 44 | | electronically under this chapter must be under oath by the person |
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53 | 45 | | required to file the financial statement and must contain, in |
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54 | 46 | | compliance with commission or local filing authority |
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55 | 47 | | specifications, the digitized signature of the person required to |
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56 | 48 | | file the financial statement. A financial statement filed under |
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57 | 49 | | this chapter is considered to be under oath by the person required |
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58 | 50 | | to file the financial statement, and the person is subject to |
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59 | 51 | | prosecution under Chapter 37, Penal Code, regardless of the absence |
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60 | 52 | | of or a defect in the affidavit. |
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61 | 53 | | SECTION 2. This Act applies only to a financial statement |
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62 | 54 | | due on or after the effective date of this Act. A financial |
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63 | 55 | | statement due before the effective date of this Act is governed by |
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64 | 56 | | the law in effect on the date the financial statement was due, and |
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65 | 57 | | the former law is continued in effect for that purpose. |
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66 | 58 | | SECTION 3. This Act takes effect September 1, 2015. |
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67 | | - | * * * * * |
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| 59 | + | ______________________________ ______________________________ |
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| 60 | + | President of the Senate Speaker of the House |
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| 61 | + | I certify that H.B. No. 3511 was passed by the House on May 4, |
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| 62 | + | 2015, by the following vote: Yeas 140, Nays 0, 1 present, not |
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| 63 | + | voting; and that the House concurred in Senate amendments to H.B. |
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| 64 | + | No. 3511 on May 29, 2015, by the following vote: Yeas 145, Nays 0, |
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| 65 | + | 2 present, not voting. |
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| 66 | + | ______________________________ |
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| 67 | + | Chief Clerk of the House |
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| 68 | + | I certify that H.B. No. 3511 was passed by the Senate, with |
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| 69 | + | amendments, on May 27, 2015, by the following vote: Yeas 31, Nays |
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| 70 | + | 0. |
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| 71 | + | ______________________________ |
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| 72 | + | Secretary of the Senate |
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| 73 | + | APPROVED: __________________ |
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| 74 | + | Date |
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| 75 | + | __________________ |
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| 76 | + | Governor |
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