Bill Text: TX HB3511 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the contents of financial statements filed by certain persons; adding a provision subject to criminal penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [HB3511 Detail]
Download: Texas-2015-HB3511-Enrolled.html
H.B. No. 3511 |
|
||
relating to the contents of financial statements filed by certain | ||
persons; adding a provision subject to criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 572.023, Government Code, is amended by | ||
amending Subsection (a) and adding Subsections (g) and (h) to read | ||
as follows: | ||
(a) A financial statement must include an account of the | ||
financial activity for the preceding calendar year of: | ||
(1) any property characterized as separate property | ||
under Section 3.001, Family Code, of the individual required by | ||
this subchapter to file a financial statement; | ||
(2) any community property of which the individual | ||
required by this subchapter to file a financial statement has sole | ||
management, control, and disposition as provided by Section | ||
3.102(a), Family Code; | ||
(3) any community property of the individual required | ||
by this subchapter to file a financial statement, if the individual | ||
exercised both factual and legal control over the activity; and | ||
(4) [ |
||
individual's [ |
||
exercised or held the right to exercise any degree of legal or | ||
factual [ |
||
|
||
(g) A person who electronically files a verified financial | ||
statement with the commission or another filing authority is not | ||
required to include a notarized affidavit with the financial | ||
statement if the person: | ||
(1) has requested and received an electronic filing | ||
password pursuant to the rules of the commission or other | ||
authority, as applicable; and | ||
(2) uses that password to file the financial | ||
statement. | ||
(h) Each financial statement filed under this chapter that | ||
is not filed electronically must be accompanied by an affidavit | ||
executed by the person required to file the financial statement. | ||
The affidavit must contain the statement: "I swear, or affirm, | ||
under penalty of perjury, that the accompanying report is true and | ||
correct and includes all information required to be reported by me | ||
under Chapter 572, Government Code." Each financial statement filed | ||
electronically under this chapter must be under oath by the person | ||
required to file the financial statement and must contain, in | ||
compliance with commission or local filing authority | ||
specifications, the digitized signature of the person required to | ||
file the financial statement. A financial statement filed under | ||
this chapter is considered to be under oath by the person required | ||
to file the financial statement, and the person is subject to | ||
prosecution under Chapter 37, Penal Code, regardless of the absence | ||
of or a defect in the affidavit. | ||
SECTION 2. This Act applies only to a financial statement | ||
due on or after the effective date of this Act. A financial | ||
statement due before the effective date of this Act is governed by | ||
the law in effect on the date the financial statement was due, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3511 was passed by the House on May 4, | ||
2015, by the following vote: Yeas 140, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3511 on May 29, 2015, by the following vote: Yeas 145, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3511 was passed by the Senate, with | ||
amendments, on May 27, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |