Texas 2019 - 86th Regular

Texas Senate Bill SB862 Compare Versions

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11 86R7561 JG-F
22 By: Fallon S.B. No. 862
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the contents of personal financial statements filed
88 with the Texas Ethics Commission.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 572.023(b), Government Code, is amended
1111 to read as follows:
1212 (b) The account of financial activity consists of:
1313 (1) a list of all sources of occupational income,
1414 identified by employer, or if self-employed, by the nature of the
1515 occupation, including identification of a person or other
1616 organization from which the individual or a business in which the
1717 individual has a substantial interest received a fee as a retainer
1818 for a claim on future services in case of need, as distinguished
1919 from a fee for services on a matter specified at the time of
2020 contracting for or receiving the fee, if professional or
2121 occupational services are not actually performed during the
2222 reporting period equal to or in excess of the amount of the
2323 retainer, and the category of the amount of the fee;
2424 (2) identification by name and the category of the
2525 number of shares of stock of any business entity held or acquired,
2626 and if sold, the category of the amount of net gain or loss realized
2727 from the sale;
2828 (3) a list of all bonds, notes, and other commercial
2929 paper held or acquired, and if sold, the category of the amount of
3030 net gain or loss realized from the sale;
3131 (4) identification of each source and the category of
3232 the amount of income in excess of $500 derived from each source from
3333 interest, dividends, royalties, and rents;
3434 (5) identification of each guarantor of a loan and
3535 identification of each person or financial institution to whom a
3636 personal note or notes or lease agreement for a total financial
3737 liability in excess of $1,000 existed at any time during the year
3838 and the category of the amount of the liability;
3939 (6) identification by description of all beneficial
4040 interests in real property and business entities held or acquired,
4141 and if sold, the category of the amount of the net gain or loss
4242 realized from the sale;
4343 (7) identification of a person or other organization
4444 from which the individual or the individual's spouse or dependent
4545 children received a gift of anything of value in excess of $250 and
4646 a description of each gift, except:
4747 (A) a gift received from an individual related to
4848 the individual at any time within the second degree by
4949 consanguinity or affinity, as determined under Subchapter B,
5050 Chapter 573;
5151 (B) a political contribution that was reported as
5252 required by Chapter 254, Election Code; and
5353 (C) an expenditure required to be reported by a
5454 person required to be registered under Chapter 305;
5555 (8) identification of the source and the category of
5656 the amount of all income received as beneficiary of a trust, other
5757 than a blind trust that complies with Subsection (c), and
5858 identification of each trust asset, if known to the beneficiary,
5959 from which income was received by the beneficiary in excess of $500;
6060 (9) identification:
6161 (A) by description of a corporation, firm,
6262 partnership, limited partnership, limited liability partnership,
6363 professional corporation, professional association, joint venture,
6464 or other business association in which five percent or more of the
6565 outstanding ownership was held, acquired, or sold; and
6666 (B) by description and the category of the amount
6767 of all assets and liabilities of a corporation, firm, partnership,
6868 limited partnership, limited liability partnership, professional
6969 corporation, professional association, joint venture, or other
7070 business association in which 50 percent or more of the outstanding
7171 ownership was held, acquired, or sold;
7272 (10) a list of all boards of directors of which the
7373 individual is a member and executive positions that the individual
7474 holds in corporations, firms, partnerships, limited partnerships,
7575 limited liability partnerships, professional corporations,
7676 professional associations, joint ventures, or other business
7777 associations or proprietorships, stating the name of each
7878 corporation, firm, partnership, limited partnership, limited
7979 liability partnership, professional corporation, professional
8080 association, joint venture, or other business association or
8181 proprietorship and the position held;
8282 (11) identification of any person providing
8383 transportation, meals, or lodging expenses permitted under Section
8484 36.07(b), Penal Code, and the amount of those expenses, other than
8585 expenditures required to be reported under Chapter 305;
8686 (12) any corporation, firm, partnership, limited
8787 partnership, limited liability partnership, professional
8888 corporation, professional association, joint venture, or other
8989 business association, excluding a publicly held corporation, in
9090 which both the individual and a person registered under Chapter 305
9191 have an interest;
9292 (13) identification by name and the category of the
9393 number of shares of any mutual fund held or acquired, and if sold,
9494 the category of the amount of net gain or loss realized from the
9595 sale;
9696 (14) identification of each blind trust that complies
9797 with Subsection (c), including:
9898 (A) the category of the fair market value of the
9999 trust;
100100 (B) the date the trust was created;
101101 (C) the name and address of the trustee; and
102102 (D) a statement signed by the trustee, under
103103 penalty of perjury, stating that:
104104 (i) the trustee has not revealed any
105105 information to the individual, except information that may be
106106 disclosed under Subdivision (8); and
107107 (ii) to the best of the trustee's knowledge,
108108 the trust complies with this section;
109109 (15) if the aggregate cost of goods or services sold
110110 under one or more written contracts described by this subdivision
111111 exceeds $10,000 in the year covered by the report, identification
112112 of each written contract, including the name of each party to the
113113 contract:
114114 (A) for the sale of goods or services in the
115115 amount of $2,500 or more;
116116 (B) to which the individual, the individual's
117117 spouse, the individual's dependent child, or any business entity of
118118 which the individual, the individual's spouse, or the individual's
119119 dependent child, independently or in conjunction with one or more
120120 persons described by this subsection, has at least a 50 percent
121121 ownership interest is a party; and
122122 (C) with:
123123 (i) a governmental entity; or
124124 (ii) a person who contracts with a
125125 governmental entity, if the individual or entity described by
126126 Paragraph (B) performs work arising out of the contract,
127127 subcontract, or agreement between the person and the governmental
128128 entity for a fee; [and]
129129 (16) if the individual is a member of the legislature
130130 and provides bond counsel services to an issuer, as defined by
131131 Section 1201.002(1), identification of the following for each
132132 issuance for which the individual served as bond counsel:
133133 (A) the amount of the issuance;
134134 (B) the name of the issuer;
135135 (C) the date of the issuance;
136136 (D) the amount of fees paid to the individual,
137137 and whether the amount is:
138138 (i) less than $5,000;
139139 (ii) at least $5,000 but less than $10,000;
140140 (iii) at least $10,000 but less than
141141 $25,000; or
142142 (iv) $25,000 or more; and
143143 (E) the amount of fees paid to the individual's
144144 firm, if applicable, and whether the amount is:
145145 (i) less than $5,000;
146146 (ii) at least $5,000 but less than $10,000;
147147 (iii) at least $10,000 but less than
148148 $25,000; or
149149 (iv) $25,000 or more; and
150150 (17) identification of any person related to the
151151 individual within the first degree of consanguinity or affinity, as
152152 determined under Subchapter B, Chapter 573, who engages in
153153 activities that require registration under Chapter 305.
154154 SECTION 2. The change in law made by this Act to Section
155155 572.023, Government Code, applies only to a financial statement
156156 filed under Subchapter B, Chapter 572, Government Code, on or after
157157 January 1, 2021. A financial statement filed before January 1,
158158 2021, is governed by the law in effect on the date of filing, and the
159159 former law is continued in effect for that purpose.
160160 SECTION 3. This Act takes effect September 1, 2019.