LOCAL GOVERNMENT CODE
CHAPTER 145. FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR
LOCAL GOVERNMENT OFFICERS
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
§ 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, § 6.01, eff. Sept. 1,
2003.
