By: Kitzman H.B. No. 5237
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure of certain contributions, expenditures,
  and gifts between local government officers and vendors.
         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 CONTRIBUTIONS, EXPENDITURES, AND GIFTS
  BETWEEN LOCAL GOVERNMENT OFFICERS AND VENDORS
         Sec. 176A.001.  DEFINITIONS. In this chapter:
               (1)  "Agent," "commission," "contract," "family
  member," "gift," "local governmental entity," "local government
  officer," and "records administrator" have the meanings assigned by
  Section 176.001.
               (2)  "Contribution," "expenditure," and "political
  committee" have the meanings assigned by Section 251.001, Election
  Code.
               (3)  "Vendor" means a person who enters or seeks to
  enter into a contract with a local governmental entity. The term
  includes:
                     (A)  an agent of a vendor; and
                     (B)  an officer or employee of a governmental
  entity if that individual is acting in a private capacity to enter
  into the contract.
         Sec. 176A.002.  APPLICABILITY. This chapter applies only
  to:
               (1)  a local governmental entity with a population of
  eight hundred thousand or more;
               (2)  a local governmental entity located in a county
  with a population of eight hundred thousand or more; and
               (3)  a local government officer of a local governmental
  entity described by Subdivision (1) or (2).
         Sec. 176A.003.  CONFLICTS DISCLOSURE STATEMENT REQUIRED FOR
  LOCAL GOVERNMENT OFFICERS. (a)  A local government officer shall
  file a conflicts disclosure statement with respect to a vendor if:
               (1)  the local governmental entity begins negotiations
  to enter into a contract with the vendor; and
               (2)  at any time during the period beginning 24 months
  before the date on which the negotiations begin and ending on the
  date the negotiations are completed, the officer, a family member
  of the officer, or an employee of the local governmental entity
  accepted contributions or gifts that have an aggregate value of
  $100 or more from the vendor, a political committee controlled by
  the vendor, or a person the vendor or political committee solicited
  to make the contribution or gift.
         (b)  A local government officer shall file the conflicts
  disclosure statement required under Subsection (a) with the records
  administrator of the local governmental entity not later than the
  30th day after the later of the date:
               (1)  the negotiations described by Subsection (a)
  began; or
               (2)  a contribution or gift is made that triggers the
  disclosure requirements under Subsection (a).
         (c)  The commission shall adopt the conflicts disclosure
  statement form for a local government officer's use under this
  section. The conflicts disclosure statement must include:
               (1)  a description of each contribution or gift
  described by Subsection (a)(2);
               (2)  an acknowledgment from the officer that:
                     (A)  the disclosure applies to the officer, each
  family member of the officer, and each employee of the local
  governmental entity; and
                     (B)  the statement covers the period described by
  Subsection (a)(2); and
               (3)  the officer's signature acknowledging that the
  statement is made under oath under penalty of perjury.
         Sec. 176A.004.  CONFLICTS DISCLOSURE STATEMENT REQUIRED FOR
  VENDORS. (a) A vendor that begins negotiations with a local
  governmental entity to enter into a contract shall file a conflicts
  disclosure statement if:
               (1)  the vendor, a political committee controlled by
  the vendor, or a person the vendor or political committee solicits
  to make contributions or gifts for the vendor makes a contribution
  or gift described by Section 176A.003(a)(2); or
               (2)  at any time during the period beginning 24 months
  before the date on which the negotiations for the contract begin and
  ending on the date the negotiations are completed, a local
  government officer, a family member of the officer, or an employee
  of the local governmental entity made expenditures or gifts that
  have an aggregate value of $50 or more to the vendor or a political
  committee controlled by the vendor.
         (b)  The vendor shall file the conflicts disclosure
  statement with the records administrator of the local governmental
  entity not later than the 30th day after the later of the date:
               (1)  the negotiations described by Subsection (a)
  began; or
               (2)  a contribution, expenditure, or gift is made that
  triggers the disclosure requirements under Subsection (a).
         (c)  The commission shall adopt a conflicts disclosure
  statement for a vendor's use under this section. The conflicts
  disclosure statement must include:
               (1)  a description of each contribution, expenditure,
  or gift described by Subsection (a); and
               (2)  the vendor's signature acknowledging that the
  statement is made under oath under penalty of perjury.
         Sec. 176A.005.  MAINTENANCE OF RECORDS. Each records
  administrator shall:
               (1)  maintain a list of local government officers of
  the local governmental entity and shall make that list available to
  the public and any vendor who may be required to file a conflicts
  disclosure statement under Section 176A.004; and
               (2)  maintain the statements that are required to be
  filed under this chapter in accordance with the local governmental
  entity's records retention schedule.
         Sec. 176A.006.  ELECTRONIC FILING. The requirements of this
  chapter, including signature requirements, may be satisfied by
  electronic filing in a form approved by the commission.
         Sec. 176A.007.  POSTING ON INTERNET. A local governmental
  entity that maintains an Internet website shall provide access to
  the conflicts disclosure statements required to be filed under this
  chapter on the website. This subsection does not require a local
  governmental entity to maintain an Internet website.
         Sec. 176A.008.  REQUIREMENTS CUMULATIVE. The requirements
  of this chapter are in addition to any other disclosure required by
  law.
         Sec. 176A.009.  APPLICATION OF PUBLIC INFORMATION LAW. This
  chapter does not require a local governmental entity to disclose
  any information that is excepted from disclosure by Chapter 552,
  Government Code.
         Sec. 176A.010.  NONDISCLOSURE; CONTRACT PROHIBITION. If a
  local government officer or a vendor fails to file a required
  conflicts disclosure statement under this chapter, the local
  governmental entity and vendor may not enter into a contract before
  the fifth anniversary of the date the statement was required to be
  filed.
         SECTION 2.  Not later than December 1, 2023, the Texas Ethics
  Commission shall adopt the conflicts disclosure statement forms
  required by Chapter 176A, Local Government Code, as added by this
  Act.
         SECTION 3.  Notwithstanding Chapter 176A, Local Government
  Code, as added by this Act, a local government officer and a vendor
  are not required to file a conflicts disclosure statement under
  that chapter before January 1, 2024.
         SECTION 4.  Chapter 176A, Local Government Code, as added by
  this Act, does not apply to a contract entered into before January
  1, 2024.
         SECTION 5.  This Act takes effect September 1, 2023.