Texas 2015 - 84th Regular

Texas House Bill HB3789 Compare Versions

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1	1	84R13319 ATP-D
2	2	By: Geren H.B. No. 3789
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disclosure on personal financial statements of
8	8	certain contracts and paid relationships with governmental
9	9	entities; amending provisions subject to a criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 572.023, Government Code, is amended by
12	12	amending Subsection (b) and adding Subsection (e) to read as
13	13	follows:
14	14	(b) The account of financial activity consists of:
15	15	(1) a list of all sources of occupational income,
16	16	identified by employer, or if self-employed, by the nature of the
17	17	occupation, including identification of a person or other
18	18	organization from which the individual or a business in which the
19	19	individual has a substantial interest received a fee as a retainer
20	20	for a claim on future services in case of need, as distinguished
21	21	from a fee for services on a matter specified at the time of
22	22	contracting for or receiving the fee, if professional or
23	23	occupational services are not actually performed during the
24	24	reporting period equal to or in excess of the amount of the
25	25	retainer, and the category of the amount of the fee;
26	26	(2) identification by name and the category of the
27	27	number of shares of stock of any business entity held or acquired,
28	28	and if sold, the category of the amount of net gain or loss realized
29	29	from the sale;
30	30	(3) a list of all bonds, notes, and other commercial
31	31	paper held or acquired, and if sold, the category of the amount of
32	32	net gain or loss realized from the sale;
33	33	(4) identification of each source and the category of
34	34	the amount of income in excess of $500 derived from each source from
35	35	interest, dividends, royalties, and rents;
36	36	(5) identification of each guarantor of a loan and
37	37	identification of each person or financial institution to whom a
38	38	personal note or notes or lease agreement for a total financial
39	39	liability in excess of $1,000 existed at any time during the year
40	40	and the category of the amount of the liability;
41	41	(6) identification by description of all beneficial
42	42	interests in real property and business entities held or acquired,
43	43	and if sold, the category of the amount of the net gain or loss
44	44	realized from the sale;
45	45	(7) identification of a person or other organization
46	46	from which the individual or the individual's spouse or dependent
47	47	children received a gift of anything of value in excess of $250 and
48	48	a description of each gift, except:
49	49	(A) a gift received from an individual related to
50	50	the individual at any time within the second degree by
51	51	consanguinity or affinity, as determined under Subchapter B,
52	52	Chapter 573;
53	53	(B) a political contribution that was reported as
54	54	required by Chapter 254, Election Code; and
55	55	(C) an expenditure required to be reported by a
56	56	person required to be registered under Chapter 305;
57	57	(8) identification of the source and the category of
58	58	the amount of all income received as beneficiary of a trust, other
59	59	than a blind trust that complies with Subsection (c), and
60	60	identification of each trust asset, if known to the beneficiary,
61	61	from which income was received by the beneficiary in excess of $500;
62	62	(9) identification by description and the category of
63	63	the amount of all assets and liabilities of a corporation, firm,
64	64	partnership, limited partnership, limited liability partnership,
65	65	professional corporation, professional association, joint venture,
66	66	or other business association in which 50 percent or more of the
67	67	outstanding ownership was held, acquired, or sold;
68	68	(10) a list of all boards of directors of which the
69	69	individual is a member and executive positions that the individual
70	70	holds in corporations, firms, partnerships, limited partnerships,
71	71	limited liability partnerships, professional corporations,
72	72	professional associations, joint ventures, or other business
73	73	associations or proprietorships, stating the name of each
74	74	corporation, firm, partnership, limited partnership, limited
75	75	liability partnership, professional corporation, professional
76	76	association, joint venture, or other business association or
77	77	proprietorship and the position held;
78	78	(11) identification of any person providing
79	79	transportation, meals, or lodging expenses permitted under Section
80	80	36.07(b), Penal Code, and the amount of those expenses, other than
81	81	expenditures required to be reported under Chapter 305;
82	82	(12) any corporation, firm, partnership, limited
83	83	partnership, limited liability partnership, professional
84	84	corporation, professional association, joint venture, or other
85	85	business association, excluding a publicly held corporation, in
86	86	which both the individual and a person registered under Chapter 305
87	87	have an interest;
88	88	(13) identification by name and the category of the
89	89	number of shares of any mutual fund held or acquired, and if sold,
90	90	the category of the amount of net gain or loss realized from the
91	91	sale; [and]
92	92	(14) identification of each blind trust that complies
93	93	with Subsection (c), including:
94	94	(A) the category of the fair market value of the
95	95	trust;
96	96	(B) the date the trust was created;
97	97	(C) the name and address of the trustee; and
98	98	(D) a statement signed by the trustee, under
99	99	penalty of perjury, stating that:
100	100	(i) the trustee has not revealed any
101	101	information to the individual, except information that may be
102	102	disclosed under Subdivision (8); and
103	103	(ii) to the best of the trustee's knowledge,
104	104	the trust complies with this section; and
105	105	(15) identification of each contract or subcontract
106	106	with a public entity to which the individual or the individual's
107	107	spouse is a party and each paid relationship the individual or the
108	108	individual's spouse has with a public entity.
109	109	(e) In this section, "public entity" includes this state and
110	110	a political subdivision of the state.
111	111	SECTION 2. The change in law made by this Act to Section
112	112	572.023, Government Code, applies only to a financial statement
113	113	filed under Subchapter B, Chapter 572, Government Code, as amended
114	114	by this Act, on or after January 1, 2017. A financial statement
115	115	filed before January 1, 2017, is governed by the law in effect on
116	116	the date of filing, and the former law is continued in effect for
117	117	that purpose.
118	118	SECTION 3. This Act takes effect January 1, 2016.