Texas 2023 - 88th Regular

Texas House Bill HB5237 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Kitzman H.B. No. 5237
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the disclosure of certain contributions, expenditures,
7	7	and gifts between local government officers and vendors.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 5, Local Government Code, is
10	10	amended by adding Chapter 176A to read as follows:
11	11	CHAPTER 176A. DISCLOSURE OF CONTRIBUTIONS, EXPENDITURES, AND GIFTS
12	12	BETWEEN LOCAL GOVERNMENT OFFICERS AND VENDORS
13	13	Sec. 176A.001. DEFINITIONS. In this chapter:
14	14	(1) "Agent," "commission," "contract," "family
15	15	member," "gift," "local governmental entity," "local government
16	16	officer," and "records administrator" have the meanings assigned by
17	17	Section 176.001.
18	18	(2) "Contribution," "expenditure," and "political
19	19	committee" have the meanings assigned by Section 251.001, Election
20	20	Code.
21	21	(3) "Vendor" means a person who enters or seeks to
22	22	enter into a contract with a local governmental entity. The term
23	23	includes:
24	24	(A) an agent of a vendor; and
25	25	(B) an officer or employee of a governmental
26	26	entity if that individual is acting in a private capacity to enter
27	27	into the contract.
28	28	Sec. 176A.002. APPLICABILITY. This chapter applies only
29	29	to:
30	30	(1) a local governmental entity with a population of
31	31	eight hundred thousand or more;
32	32	(2) a local governmental entity located in a county
33	33	with a population of eight hundred thousand or more; and
34	34	(3) a local government officer of a local governmental
35	35	entity described by Subdivision (1) or (2).
36	36	Sec. 176A.003. CONFLICTS DISCLOSURE STATEMENT REQUIRED FOR
37	37	LOCAL GOVERNMENT OFFICERS. (a) A local government officer shall
38	38	file a conflicts disclosure statement with respect to a vendor if:
39	39	(1) the local governmental entity begins negotiations
40	40	to enter into a contract with the vendor; and
41	41	(2) at any time during the period beginning 24 months
42	42	before the date on which the negotiations begin and ending on the
43	43	date the negotiations are completed, the officer, a family member
44	44	of the officer, or an employee of the local governmental entity
45	45	accepted contributions or gifts that have an aggregate value of
46	46	$100 or more from the vendor, a political committee controlled by
47	47	the vendor, or a person the vendor or political committee solicited
48	48	to make the contribution or gift.
49	49	(b) A local government officer shall file the conflicts
50	50	disclosure statement required under Subsection (a) with the records
51	51	administrator of the local governmental entity not later than the
52	52	30th day after the later of the date:
53	53	(1) the negotiations described by Subsection (a)
54	54	began; or
55	55	(2) a contribution or gift is made that triggers the
56	56	disclosure requirements under Subsection (a).
57	57	(c) The commission shall adopt the conflicts disclosure
58	58	statement form for a local government officer's use under this
59	59	section. The conflicts disclosure statement must include:
60	60	(1) a description of each contribution or gift
61	61	described by Subsection (a)(2);
62	62	(2) an acknowledgment from the officer that:
63	63	(A) the disclosure applies to the officer, each
64	64	family member of the officer, and each employee of the local
65	65	governmental entity; and
66	66	(B) the statement covers the period described by
67	67	Subsection (a)(2); and
68	68	(3) the officer's signature acknowledging that the
69	69	statement is made under oath under penalty of perjury.
70	70	Sec. 176A.004. CONFLICTS DISCLOSURE STATEMENT REQUIRED FOR
71	71	VENDORS. (a) A vendor that begins negotiations with a local
72	72	governmental entity to enter into a contract shall file a conflicts
73	73	disclosure statement if:
74	74	(1) the vendor, a political committee controlled by
75	75	the vendor, or a person the vendor or political committee solicits
76	76	to make contributions or gifts for the vendor makes a contribution
77	77	or gift described by Section 176A.003(a)(2); or
78	78	(2) at any time during the period beginning 24 months
79	79	before the date on which the negotiations for the contract begin and
80	80	ending on the date the negotiations are completed, a local
81	81	government officer, a family member of the officer, or an employee
82	82	of the local governmental entity made expenditures or gifts that
83	83	have an aggregate value of $50 or more to the vendor or a political
84	84	committee controlled by the vendor.
85	85	(b) The vendor shall file the conflicts disclosure
86	86	statement with the records administrator of the local governmental
87	87	entity not later than the 30th day after the later of the date:
88	88	(1) the negotiations described by Subsection (a)
89	89	began; or
90	90	(2) a contribution, expenditure, or gift is made that
91	91	triggers the disclosure requirements under Subsection (a).
92	92	(c) The commission shall adopt a conflicts disclosure
93	93	statement for a vendor's use under this section. The conflicts
94	94	disclosure statement must include:
95	95	(1) a description of each contribution, expenditure,
96	96	or gift described by Subsection (a); and
97	97	(2) the vendor's signature acknowledging that the
98	98	statement is made under oath under penalty of perjury.
99	99	Sec. 176A.005. MAINTENANCE OF RECORDS. Each records
100	100	administrator shall:
101	101	(1) maintain a list of local government officers of
102	102	the local governmental entity and shall make that list available to
103	103	the public and any vendor who may be required to file a conflicts
104	104	disclosure statement under Section 176A.004; and
105	105	(2) maintain the statements that are required to be
106	106	filed under this chapter in accordance with the local governmental
107	107	entity's records retention schedule.
108	108	Sec. 176A.006. ELECTRONIC FILING. The requirements of this
109	109	chapter, including signature requirements, may be satisfied by
110	110	electronic filing in a form approved by the commission.
111	111	Sec. 176A.007. POSTING ON INTERNET. A local governmental
112	112	entity that maintains an Internet website shall provide access to
113	113	the conflicts disclosure statements required to be filed under this
114	114	chapter on the website. This subsection does not require a local
115	115	governmental entity to maintain an Internet website.
116	116	Sec. 176A.008. REQUIREMENTS CUMULATIVE. The requirements
117	117	of this chapter are in addition to any other disclosure required by
118	118	law.
119	119	Sec. 176A.009. APPLICATION OF PUBLIC INFORMATION LAW. This
120	120	chapter does not require a local governmental entity to disclose
121	121	any information that is excepted from disclosure by Chapter 552,
122	122	Government Code.
123	123	Sec. 176A.010. NONDISCLOSURE; CONTRACT PROHIBITION. If a
124	124	local government officer or a vendor fails to file a required
125	125	conflicts disclosure statement under this chapter, the local
126	126	governmental entity and vendor may not enter into a contract before
127	127	the fifth anniversary of the date the statement was required to be
128	128	filed.
129	129	SECTION 2. Not later than December 1, 2023, the Texas Ethics
130	130	Commission shall adopt the conflicts disclosure statement forms
131	131	required by Chapter 176A, Local Government Code, as added by this
132	132	Act.
133	133	SECTION 3. Notwithstanding Chapter 176A, Local Government
134	134	Code, as added by this Act, a local government officer and a vendor
135	135	are not required to file a conflicts disclosure statement under
136	136	that chapter before January 1, 2024.
137	137	SECTION 4. Chapter 176A, Local Government Code, as added by
138	138	this Act, does not apply to a contract entered into before January
139	139	1, 2024.
140	140	SECTION 5. This Act takes effect September 1, 2023.