CHAPTER 145. FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR LOCAL GOVERNMENT OFFICERS
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES
CHAPTER 145. FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR
LOCAL GOVERNMENT OFFICERS
Sec. 145.001. APPLICABILITY OF CHAPTER. This chapter applies
only to a municipality with a population of 100,000 or more.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.002. DEFINITION. In this chapter, "municipal officer"
means the mayor, a member of the governing body, the municipal
attorney, or the city manager of a municipality.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.003. FINANCIAL STATEMENT REQUIRED. (a) A municipal
officer or a candidate for a municipal office filled by election
shall file a financial statement as required by this chapter.
(b) The statement must:
(1) be filed with the clerk or secretary of the municipality in
which the officer or candidate resides; and
(2) comply with Sections 572.022 and 572.023, Government Code.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.004. FILING DATES; TIMELINESS OF FILING. (a) A
municipal officer shall file the financial statement required by
this chapter within the time prescribed by Section 572.026(a),
Government Code.
(b) A person who is appointed to a municipal office shall file
the financial statement required by this chapter within the time
prescribed by Section 572.026(c), Government Code.
(c) A candidate for a municipal office filled by election shall
file the financial statement required by this chapter not later
than the earlier of:
(1) the 20th day after the deadline for filing an application
for a place on the ballot in the election; or
(2) the fifth day before the date of the election.
(d) The timeliness of the filing is governed by Section 572.029,
Government Code.
(e) A municipal officer or a person who is appointed to a
municipal office may request the clerk or secretary of the
municipality to grant an extension of not more than 60 days for
filing the statement. The clerk or secretary shall grant the
request if it is received before the filing deadline or if the
officer's physical or mental incapacity prevents the officer from
filing the statement or requesting an extension before the filing
deadline. The clerk or secretary may not grant more than one
extension to a person in one year except for good cause shown.
(f) The clerk or secretary may not grant an extension to a
candidate for a municipal office filled by election.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.005. FORM OF STATEMENT. (a) The clerk or secretary of
the municipality shall require that the form designed by the
Texas Ethics Commission under Chapter 572, Government Code, be
used for filing the financial statement.
(b) The clerk or secretary shall mail two copies of the form to
each municipal officer or person who is appointed to a municipal
office who is required to file under this chapter within the time
prescribed by Section 572.030(c)(1), Government Code. The clerk
or secretary shall mail a copy of the form to each candidate for
a municipal office filled by election who is required to file
under this chapter not later than the 10th day before the
deadline for filing the statement under Section 145.004(c).
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.006. DUPLICATE OR SUPPLEMENTAL STATEMENTS. If a person
has filed a financial statement under one provision of this
chapter covering the preceding calendar year, the person is not
required to file a financial statement required under another
provision of this chapter covering that same year if, before the
deadline for filing the statement under the other provision, the
person notifies the clerk or secretary of the municipality in
writing that the person has already filed a financial statement
under this chapter covering that year.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.007. PUBLIC ACCESS TO STATEMENTS. (a) Financial
statements filed under this chapter are public records. The clerk
or secretary of the municipality shall maintain the statements in
separate alphabetical files and in a manner that is accessible to
the public during regular office hours.
(b) Until the first anniversary of the date a financial
statement is filed, each time a person, other than the clerk or
secretary of the municipality or an employee of the clerk or
secretary who is acting on official business, requests to see the
financial statement, the clerk or secretary shall place in the
file a statement of the person's name and address, whom the
person represents, and the date of the request. The clerk or
secretary shall retain that statement in the file until the first
anniversary of the date the requested financial statement is
filed.
(c) The clerk or secretary of the municipality may, and on
notification from a former officer or candidate shall, destroy
any financial statements filed by the officer or candidate after
the second anniversary of the date the person ceases to be an
officer or candidate, as applicable.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.008. NOTIFICATION TO PROSECUTING ATTORNEY. The clerk
or secretary of each municipality shall maintain a list of the
municipal officers and candidates for municipal office required
to file a financial statement under this chapter. Not later than
the 10th day after each applicable filing deadline, the municipal
clerk shall provide to the municipal attorney a copy of the list
showing for each municipal officer and candidate for municipal
office:
(1) whether the officer or candidate timely filed a financial
statement as required by this chapter;
(2) whether the officer or candidate timely requested and was
granted an extension of time to file as provided for by Section
145.004 and the new due date for each such officer or candidate;
or
(3) whether the officer or candidate did not timely file a
financial statement or receive an extension of time.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.009. CRIMINAL PENALTY. (a) A municipal officer or a
candidate for a municipal office filled by election commits an
offense if the officer or candidate knowingly fails to file a
financial statement as required by this chapter.
(b) An offense under this section is a Class B misdemeanor.
(c) It is a defense to prosecution under this section that the
officer or candidate did not receive copies of the financial
statement form required to be mailed to the officer or candidate
by this chapter.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.
Sec. 145.010. CIVIL PENALTY. (a) A person who determines that
a person required to file a financial statement under this
chapter has failed to do so may notify in writing the municipal
attorney of the municipality.
(b) On receipt of a written notice under Subsection (a), the
municipal attorney shall determine from any available evidence
whether the person to whom the notice relates has failed to file
a statement. On making that determination, the municipal attorney
shall immediately mail by certified mail a notice of the
determination to the person responsible for filing the statement.
(c) If the person responsible for filing the statement fails to
file the statement before the 30th day after the date the person
receives the notice under Subsection (b), the person is civilly
liable to the municipality for an amount not to exceed $1,000.
(d) A penalty paid under this section shall be deposited to the
credit of the general fund of the municipality.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1,
2003.