Bill Text: TX HB343 | 2013-2014 | 83rd Legislature | Enrolled

Texas House Bill 343 (Prior Session Legislation)

Bill Title: Relating to the filing of financial disclosure statements by trustees of certain independent school districts; providing criminal and civil penalties.

Sponsorship: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2013-06-14 - Effective on 1/1/14 [HB343 Detail]

Download: Texas-2013-HB343-Enrolled.html



	H.B. No. 343




	AN ACT
	relating to the filing of financial disclosure statements by
	trustees of certain independent school districts; providing
	criminal and civil penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 11.064, Education Code, is amended by
	adding Subsection (d) to read as follows:
	(d) This section does not apply to the board of trustees of
	an independent school district to which Section 11.0641 applies.
	This subsection expires January 1, 2019.
	SECTION 2. Subchapter C, Chapter 11, Education Code, is
	amended by adding Section 11.0641 to read as follows:
	Sec. 11.0641. FILING OF FINANCIAL STATEMENT BY TRUSTEE
	REQUIRED FOR CERTAIN SCHOOL DISTRICTS. (a) This section applies
	only to the board of trustees of an independent school district that
	is located in a county that is located on the international border
	and in which a municipality with a population of 600,000 or more is
	located.
	(b) Each member of the board of trustees of an independent
	school district shall file a financial statement with:
	(1) the board of trustees; and
	(2) the commissioners court of the county in which the
	school district's central administrative office is located.
	(c) The provisions of Subchapter B, Chapter 572, Government
	Code, governing the contents, timeliness of filing, and public
	inspection of a statement apply to a statement filed under this
	section as if the trustee were a state officer and the commissioners
	court of the county were the Texas Ethics Commission.
	(d) A trustee commits an offense if the trustee fails to
	file the statement required by this section. An offense under this
	section is a Class B misdemeanor.
	(e) The commissioners court of the county shall determine
	from any available evidence whether a statement required to be
	filed under this section is late. On making a determination that
	the statement is late, the commissioners court shall immediately
	mail a notice of the determination to the individual responsible
	for filing the statement. If a statement is determined to be late,
	the individual responsible for filing the statement is liable to
	the county for a civil penalty of $500. If a statement is more than
	30 days late, the commissioners court shall issue a warning of
	liability by registered mail to the individual responsible for the
	filing. If the penalty is not paid before the 10th day after the
	date on which the warning is received, the individual is liable for
	a civil penalty in an amount determined by the commissioners court,
	but not to exceed $10,000.
	(f) A trustee is not required to file a statement under this
	section for financial activity occurring on or after January 1,
	2018. This section expires January 1, 2019.
	SECTION 3. (a) Section 11.0641, Education Code, as added by
	this Act, applies beginning January 1, 2015. A trustee is not
	required to include financial activity occurring before January 1,
	2014, in a statement filed under that section.
	(b) The change in law made by this Act applies only to an
	offense committed on or after January 1, 2014. For purposes of this
	section, an offense is committed before January 1, 2014, if any
	element of the offense occurs before that date.
	(c) An offense committed before January 1, 2014, is covered
	by the law in effect when the offense was committed, and the former
	law is continued in effect for that purpose.
	(d) The expiration of Section 11.0641, Education Code, as
	added by this Act, does not affect the prosecution of an offense
	under or the collection of a civil penalty for the violation of that
	section as it existed before it expired, and the former law is
	continued in effect for that purpose.
	SECTION 4. This Act takes effect January 1, 2014.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 343 was passed by the House on May 2,
	2013, by the following vote: Yeas 142, Nays 5, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 343 on May 21, 2013, by the following vote: Yeas 141, Nays 5, 2
	present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 343 was passed by the Senate, with
	amendments, on May 17, 2013, by the following vote: Yeas 30, Nays
	0.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor