Bill Text: TX HB2473 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the disclosure of gifts by vendors to certain local government officers and of certain relationships with local government officers; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-15 - Received from the House [HB2473 Detail]
Download: Texas-2017-HB2473-Engrossed.html
By: Davis of Harris | H.B. No. 2473 |
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relating to the disclosure of gifts by vendors to certain local | ||
government officers and of certain relationships with local | ||
government officers; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Local Government Code, is | ||
amended by adding Chapter 176A to read as follows: | ||
CHAPTER 176A. DISCLOSURE OF GIFTS TO CERTAIN LOCAL GOVERNMENT | ||
OFFICERS | ||
Sec. 176A.001. DEFINITIONS. In this chapter: | ||
(1) "Agent," "commission," "contract," "family | ||
member," "goods," "local governmental entity," and "services" have | ||
the meanings assigned by Section 176.001. | ||
(2) "Entertainment" includes transportation to, | ||
lodging for, and attendance at a function, event, or performance | ||
that: | ||
(A) a local government officer accepts as the | ||
guest of a vendor; and | ||
(B) is not required to be reported by a vendor | ||
under law other than under this chapter. | ||
(3) "Gift" means a benefit, including entertainment, | ||
offered by a vendor and accepted by a local government officer. The | ||
term does not include: | ||
(A) a benefit offered based on kinship or a | ||
personal, professional, or business relationship independent of | ||
the official status of the local government officer accepting the | ||
benefit; | ||
(B) food or beverages accepted by a local | ||
government officer as the guest of a vendor; or | ||
(C) a political contribution as defined by | ||
Section 251.001, Election Code. | ||
(4) "Local government officer" means: | ||
(A) a member of the governing body of a local | ||
governmental entity; or | ||
(B) a director, superintendent, administrator, | ||
president, or other executive officer of a local governmental | ||
entity who exercises discretion in the planning, recommending, | ||
selecting, or contracting of a vendor. | ||
(5) "Vendor" means a person or agent of the person who | ||
enters or seeks to enter into a contract with a local governmental | ||
entity for the provision of goods or services. | ||
Sec. 176A.002. VENDOR DISCLOSURE FORM REQUIRED. (a) Not | ||
later than the 15th day of the first month of each calendar quarter, | ||
a vendor shall submit a completed disclosure form created by the | ||
commission to a local governmental entity if the vendor: | ||
(1) has a contract or is seeking to enter into a | ||
contract with the local governmental entity; and | ||
(2) has given one or more gifts during the preceding | ||
calendar quarter with an aggregate value of more than $100 to: | ||
(A) a local government officer of the local | ||
governmental entity; or | ||
(B) a family member of a local government officer | ||
of the local governmental entity. | ||
(b) A disclosure form submitted by a vendor under this | ||
section must include: | ||
(1) a statement that the vendor: | ||
(A) has a contract or is seeking to enter into a | ||
contract with the local governmental entity; and | ||
(B) has given one or more gifts during the | ||
preceding calendar quarter with an aggregate value of more than | ||
$100 to: | ||
(i) a local government officer of the local | ||
governmental entity; or | ||
(ii) a family member of a local government | ||
officer of the local governmental entity; and | ||
(2) the dollar amount of the gift or gifts described by | ||
Subdivision (1)(B) given to a local government officer or a family | ||
member of a local government officer, stated as a total amount for | ||
each officer and family member that accepted a gift from the vendor. | ||
(c) For purposes of this section: | ||
(1) the value or dollar amount of a gift for which a | ||
receipt is issued, other than an admission ticket to an event, is | ||
the price paid by the vendor for the gift; and | ||
(2) the value or dollar amount of a gift that is an | ||
admission ticket to an event is: | ||
(A) the price printed on the admission ticket; or | ||
(B) the initial price paid to the first seller of | ||
the admission ticket if the price is not printed on the ticket. | ||
(d) This section does not apply to a gift given by a vendor | ||
directly as part of the vendor's sponsorship of or contribution to | ||
an event that benefits: | ||
(1) an organization that is exempt from federal income | ||
taxation under Section 501(a), Internal Revenue Code of 1986, by | ||
being listed as an exempt entity under Section 501(c) of that code; | ||
or | ||
(2) a political committee as defined by Section | ||
251.001, Election Code. | ||
(e) This section does not require the disclosure of a gift | ||
made by a vendor who is a candidate or officeholder if the gift is | ||
reported under Title 15, Election Code. | ||
Sec. 176A.003. OFFENSE. (a) A vendor commits an offense if | ||
the vendor: | ||
(1) is required to submit a completed disclosure form | ||
under Section 176A.002; and | ||
(2) knowingly fails to submit the completed disclosure | ||
form to the appropriate local governmental entity before the 15th | ||
day of the first month of the calendar quarter following the | ||
calendar quarter in which the form was required to be submitted | ||
under Section 176A.002. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
Sec. 176A.004. COMMISSION ADVISORY OPINION. (a) The | ||
commission may prepare a written advisory opinion answering the | ||
request of a person subject to this chapter for an advisory opinion | ||
about the application of this chapter to the person regarding a | ||
specified existing or hypothetical factual situation. | ||
(b) A request for an advisory opinion must be made in | ||
writing to the commission. | ||
(c) If the commission prepares an advisory opinion under | ||
this section, Sections 571.093, 571.096, and 571.097, Government | ||
Code, apply to the request and advisory opinion in the same manner | ||
as those sections apply to a request or advisory opinion issued | ||
under Section 571.091 of that code. | ||
Sec. 176A.005. COMMISSION RULES. (a) The commission shall | ||
adopt rules necessary to implement this chapter. | ||
(b) The commission by rule shall prescribe the disclosure | ||
form required to be submitted under Section 176A.002. | ||
SECTION 2. Sections 176.003(a) and (e), Local Government | ||
Code, are amended to read as follows: | ||
(a) A local government officer shall file a conflicts | ||
disclosure statement with respect to a vendor if: | ||
(1) the vendor enters into a contract with the local | ||
governmental entity [ |
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(2) the vendor: | ||
(A) has an employment or other business | ||
relationship with the local government officer or a family member | ||
of the officer that results in the officer or family member | ||
receiving taxable income, other than investment income, that | ||
exceeds $2,500 during the 12-month period preceding the date that | ||
the officer becomes aware that[ |
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governmental entity and vendor has been executed; or | ||
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(B) [ |
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government officer. | ||
(e) The commission shall adopt the conflicts disclosure | ||
statement for local government officers for use under this | ||
section. The conflicts disclosure statement must include: | ||
(1) a requirement that each local government officer | ||
disclose[ |
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relationship described by Subsection (a)(2)(A), including the | ||
nature and extent of the relationship[ |
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(2) an acknowledgment from the local government | ||
officer that: | ||
(A) the disclosure applies to each family member | ||
of the officer; and | ||
(B) the statement covers the 12-month period | ||
described by Subsection (a)(2)(A) [ |
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(3) the signature of the local government officer | ||
acknowledging that the statement is made under oath under penalty | ||
of perjury. | ||
SECTION 3. Sections 176.006(a) and (a-1), Local Government | ||
Code, are amended to read as follows: | ||
(a) A vendor shall file a completed conflict of interest | ||
questionnaire if the vendor has [ |
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(1) [ |
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with a local government officer of that local governmental entity, | ||
or a family member of the officer, described by Section | ||
176.003(a)(2)(A); or | ||
(2) [ |
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government officer of that local governmental entity. | ||
(a-1) The completed conflict of interest questionnaire must | ||
be filed with the appropriate records administrator not later than | ||
the seventh business day after the later of: | ||
(1) the date that the vendor: | ||
(A) begins discussions or negotiations to enter | ||
into a contract with the local governmental entity; or | ||
(B) submits to the local governmental entity an | ||
application, response to a request for proposals or bids, | ||
correspondence, or another writing related to a potential contract | ||
with the local governmental entity; or | ||
(2) the date the vendor becomes aware: | ||
(A) of an employment or other business | ||
relationship with a local government officer, or a family member of | ||
the officer, described by Subsection (a); or | ||
(B) [ |
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government officer. | ||
SECTION 4. The following provisions of the Local Government | ||
Code are repealed: | ||
(1) Section 176.001(2-b); | ||
(2) Sections 176.003(a-1) and (a-2); | ||
(3) Section 176.006(i); and | ||
(4) Section 176.013(e). | ||
SECTION 5. The Texas Ethics Commission shall adopt rules | ||
necessary to implement Chapter 176A, Local Government Code, as | ||
added by this Act, and shall prescribe the disclosure form required | ||
to be submitted under that chapter as soon as practicable after the | ||
effective date of this Act, but not later than January 1, 2018. | ||
SECTION 6. (a) Except as provided by Subsection (b) of this | ||
section, the changes in law made by this Act to Chapter 176, Local | ||
Government Code, as amended by this Act, apply only to an event | ||
requiring disclosure that occurs on or after the effective date of | ||
this Act. An event requiring disclosure that occurs before the | ||
effective date of this Act is governed by the law applicable to the | ||
event immediately before the effective date of this Act, and the | ||
former law is continued in effect for that purpose. | ||
(b) The change in law made by this Act by the repeal of | ||
Section 176.006(i), Local Government Code, applies only to a | ||
contract that is entered into on or after the effective date of this | ||
Act. A contract entered into before the effective date of this Act | ||
is governed by the law as it existed immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 7. Chapter 176A, Local Government Code, as added by | ||
this Act, applies only to an event requiring disclosure that occurs | ||
on or after January 1, 2018. | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |