reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.132. Formal Hearing: Resolution

Sec. 571.132.  FORMAL HEARING:  RESOLUTION.  (a)  Not later than the 30th business day after the date the State Office of Administrative Hearings issues a proposal for decision, the commission shall convene a meeting and by motion shall issue:
(1)  a final decision stating the resolution of the formal hearing;  and
(2)  a written report stating in detail the commission's findings of fact, conclusions of law, and recommendation of criminal referral or imposition of a civil penalty, if any.
(b)  The motion must be adopted by a vote of at least six members if the final decision is that a violation has occurred or by five members if the final decision is that a violation has not occurred.
(c)  Not later than the fifth business day after the date the commission issues the final decision and written report, the commission shall:
(1)  send a copy of the decision and report to the complainant, if any, and to the respondent;  and
(2)  make a copy of the decision and report available to the public during reasonable business hours.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.24, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.133. Appeal of Final Decision

Sec. 571.133.  APPEAL OF FINAL DECISION.  (a)  To appeal a final decision of the commission, the respondent or the respondent's agent may file a petition in a district court in Travis County or in the county in which the respondent resides.
(b)  The petition must be filed not later than the 30th business day after the date the respondent received the decision.
(c)  Not later than the 30th day after the date on which the petition is filed, the respondent may request that the appeal be transferred to a district court in Travis County or in the county in which the respondent resides, as appropriate.  The court in which the appeal is originally filed shall transfer the appeal to a district court in the other county on receipt of the request.
(d)  An appeal brought under this section is not limited to questions of law, and the substantial evidence rule does not apply.  The action shall be determined by trial de novo.  The reviewing court shall try all issues of fact and law in the manner applicable to other civil suits in this state but may not admit in evidence the fact of prior action by the commission or the nature of that action, except to the limited extent necessary to show compliance with statutory provisions that vest jurisdiction in the court.  A party is entitled, on demand, to a jury determination of any issue of fact on which a jury determination is available in other civil suits in this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 857 (H.B. 1290), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.134. Delay of Referral

Sec. 571.134.  DELAY OF REFERRAL.  If an alleged violation involves an election in which the alleged violator is a candidate, a candidate's campaign treasurer, or the campaign treasurer of a political committee supporting or opposing a candidate and the complaint is filed within 60 days before the date of the election, the commission shall delay referral until:
(1)  the day after election day;
(2)  the day after runoff election day if an ensuing runoff involving the alleged violator is held;  or
(3)  the day after general election day if the election involved in the violation is a primary election and the alleged violator is involved in the succeeding general election.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.135. Public Interest Information

Sec. 571.135.  PUBLIC INTEREST INFORMATION.  (a)  The commission shall develop plain-language materials as described by this section. The commission shall distribute the materials to the public and appropriate state agencies.
(b)  The materials must include:
(1)  a description of:
(A)  the commission's responsibilities;
(B)  the types of conduct that constitute a violation of a law within the jurisdiction of the commission;
(C)  the types of sanctions the commission may impose;
(D)  the commission's policies and procedures relating to complaint investigation and resolution;  and
(E)  the duties of a person filing a complaint with the commission;  and
(2)  a diagram showing the basic steps in the commission's procedures relating to complaint investigation and resolution.
(c)  The commission shall provide the materials described by this section to each complainant and respondent.
(d)  The commission shall adopt a policy to effectively distribute materials as required by this section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.25, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.1351. Status of Complaint

Sec. 571.1351.  STATUS OF COMPLAINT.  (a)  The commission shall keep an information file about each sworn or other complaint filed with the commission.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the commission;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.
(c)  In addition to the notice required by Sections 571.123 through 571.132, the commission, at least quarterly until final disposition of a complaint, shall notify the person who filed the complaint and each person who is a subject of the complaint, if any, of the status of the sworn or other complaint.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 571.135(b) and amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.25, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.136. Extension of Deadline

Sec. 571.136.  EXTENSION OF DEADLINE.  The commission may, on its own motion or on the reasonable request of a respondent, extend any deadline for action relating to a sworn complaint, motion, preliminary review hearing, or formal hearing.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.25, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.137. Subpoena

Sec. 571.137.  SUBPOENA.  (a)  In connection with a formal hearing, the commission, as authorized by this chapter, may subpoena and examine witnesses and documents that directly relate to a sworn complaint.
(a-1)  In connection with a preliminary review, the commission, for good cause and as authorized by this chapter, may subpoena documents and witnesses on application by the commission staff and a motion adopted by a vote of at least six members of the commission, for the purpose of attempting to obtain from the documents or witnesses specifically identified information, if the commission reasonably believes that the specifically identified information:
(1)  is likely to be determinative as to whether the subject of an investigation has violated a law within the jurisdiction of the commission;
(2)  can be determined from the documents or is known by the witnesses;  and
(3)  is not reasonably available through a less intrusive means.
(a-2)  The commission shall adopt procedures for the issuance of subpoenas under this section.
(a-3)  A copy of a subpoena issued under this section must be delivered to the respondent.
(b)  At the written request of at least six members of the commission, a peace officer shall serve a subpoena of the commission in the manner prescribed for service of a district court subpoena.
(c)  If a person to whom a subpoena is directed refuses to appear, refuses to answer inquiries, or fails or refuses to produce books, records, or other documents that were under the person's control when the demand was made, the commission shall report that fact to a district court in Travis County.  The district court shall enforce the subpoena by attachment proceedings for contempt in the same manner as the court enforces a subpoena issued by the court.
(d)  A respondent has the right to quash a subpoena as provided by law.
(e)  A subpoenaed witness who attends a commission hearing is entitled to the same mileage and per diem payments as a witness who appears before a grand jury.  A person who provides subpoenaed documents to the commission is entitled to reimbursement from the commission for the person's reasonable cost of producing the documents.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.26, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.138. Status of Complainant

Sec. 571.138.  STATUS OF COMPLAINANT.  The complainant is not a party to a preliminary review, preliminary review hearing, or formal hearing under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.27, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.139. Applicability of Other Acts

Sec. 571.139.  APPLICABILITY OF OTHER ACTS.  (a)  Except as provided by Section 571.140(b), Chapter 552 does not apply to documents or any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion.
(b)  Chapter 551 does not apply to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion, but does apply to a formal hearing held under Sections 571.129 through 571.131.
(c)  Subchapters C through H, Chapter 2001, apply only to a formal hearing under this subchapter, the resolution of a formal hearing, and the appeal of a final order of the commission, and only to the extent consistent with this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.28, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.140. Confidentiality; Offense

Sec. 571.140.  CONFIDENTIALITY;  OFFENSE.  (a)  Except as provided by Subsection (b) or (b-1) or by Section 571.171, proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, except that a document or statement that was previously public information remains public information.
(b)  An order issued by the commission after the completion of a preliminary review or hearing determining that a violation other than a technical or de minimis violation has occurred is not confidential.
(b-1)  A commission employee may, for the purpose of investigating a sworn complaint or motion, disclose to the complainant, the respondent, or a witness information that is otherwise confidential and relates to the sworn complaint if:
(1)  the employee makes a good faith determination that the disclosure is necessary to conduct the investigation;
(2)  the employee's determination under Subdivision (1) is objectively reasonable;
(3)  the executive director authorizes the disclosure;  and
(4)  the employee discloses only the information necessary to conduct the investigation.
(c)  A person commits an offense if the person discloses information made confidential by this section.  An offense under this subsection is a Class C misdemeanor.
(d)  In addition to other penalties, a person who discloses information made confidential by this section is civilly liable to the respondent in an amount equal to the greater of $10,000 or the amount of actual damages incurred by the respondent, including court costs and attorney fees.
(e)  The commission shall terminate the employment of a commission employee who violates Subsection (a).
(f)  A commission employee who discloses confidential information in compliance with Subsection (b-1) is not subject to Subsections (c), (d), and (e).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.29, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.141. Availability of Commission Orders on Internet

Sec. 571.141.  AVAILABILITY OF COMMISSION ORDERS ON INTERNET.  (a)  As soon as practicable following a preliminary review, preliminary review hearing, or formal hearing at which the commission determines that a person has committed a violation within the commission's jurisdiction, the commission shall make available on the Internet:
(1)  a copy of the commission's order stating the determination;  or
(2)  a summary of the commission's order.
(b)  This section does not apply to a determination of a violation that is technical or de minimis.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.30, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter E. Complaint Procedures and Hearings › Section 571.142. Liability for Respondent's Costs

Sec. 571.142.  LIABILITY FOR RESPONDENT'S COSTS.  (a)  This section applies only to a sworn complaint if:
(1)  the complaint was filed after the 30th day before the date of an election;
(2)  the respondent is a candidate in the election; and
(3)  the complaint alleges a violation other than a technical or clerical violation.
(b)  If, in disposing of a sworn complaint to which this section applies, the commission determines that a violation within the commission's jurisdiction has not occurred, the complainant is liable for the respondent's reasonable and necessary attorney's fees and other costs incurred in defending against the complaint.
(c)  This section does not apply to a sworn complaint regarding a reporting omission required by law.
Added by Acts 2009, 81st Leg., R.S., Ch. 604 (H.B. 677), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.171. Initiation and Referral

Sec. 571.171.  INITIATION AND REFERRAL.  (a)  On a motion adopted by an affirmative vote of at least six commission members, the commission may initiate civil enforcement actions and refer matters to the appropriate prosecuting attorney for criminal prosecution.
(b)  On receipt of a sworn complaint, if the executive director reasonably believes that the person who is the subject of the complaint has violated Chapter 36 or 39, Penal Code, the executive director may refer the matter to the appropriate prosecuting attorney for criminal prosecution.
(c)  In making a referral to a prosecuting attorney under this section, the commission or executive director may disclose confidential information.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 1.31, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.172. Order

Sec. 571.172.  ORDER.  The commission may:
(1)  issue and enforce a cease and desist order to stop a violation;  and
(2)  issue an affirmative order to require compliance with the laws administered and enforced by the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.173. Civil Penalty for Delay or Violation

Sec. 571.173.  CIVIL PENALTY FOR DELAY OR VIOLATION.  The commission may impose a civil penalty of not more than $5,000 or triple the amount at issue under a law administered and enforced by the commission, whichever amount is more, for a delay in complying with a commission order or for a violation of a law administered and enforced by the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.1731. Waiver or Reduction of Late Filing Penalty

Sec. 571.1731.  WAIVER OR REDUCTION OF LATE FILING PENALTY.  (a)  A person may request the waiver or reduction of a civil penalty under Section 305.033(b) or 572.033(b) of this code or Section 254.042(b), Election Code, by submitting an affidavit to the executive director that states the filer's reasons for requesting a waiver or reduction.
(b)  The commission may waive or reduce a civil penalty if the commission finds that a waiver or reduction is in the public interest and in the interest of justice.  The commission shall consider the following before acting to waive or reduce a civil penalty:
(1)  the facts and circumstances supporting the person's request for a waiver or reduction;
(2)  the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the penalty;
(3)  any history of previous violations by the person;
(4)  the demonstrated good faith of the person, including actions taken to rectify the consequences of the violation;
(5)  the penalty necessary to deter future violations;  and
(6)  any other matter that justice may require.
(c)  After hearing the waiver request, the commission may affirm, reduce, or waive the civil penalty.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 1.32, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.174. Denial, Suspension, or Revocation of Lobbyist Registration

Sec. 571.174.  DENIAL, SUSPENSION, OR REVOCATION OF LOBBYIST REGISTRATION.  After a criminal conviction for an offense under Chapter 36 of the Penal Code or under Chapter 305, the commission may deny, suspend, or revoke the registration of a person required to be registered under Chapter 305.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.175. Notification of Regulatory or Supervisory Entity

Sec. 571.175.  NOTIFICATION OF REGULATORY OR SUPERVISORY ENTITY.  The commission may notify the appropriate regulatory or supervisory entity, including any agency, the State Commission on Judicial Conduct, the senate, the house of representatives, or the State Bar of Texas, of a violation of a law administered and enforced by the commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.176. Civil Penalty for Frivolous or Bad-Faith Complaint

Sec. 571.176.  CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH COMPLAINT.  (a)  The commission may impose a civil penalty of not more than $10,000 for the filing of a frivolous or bad-faith complaint.  In this subsection, "frivolous complaint" means a complaint that is groundless and brought in bad faith or is groundless and brought for the purpose of harassment.
(b)  In addition to other penalties, a person who files a frivolous complaint is civilly liable to the respondent in an amount equal to the greater of $10,000 or the amount of actual damages incurred by the respondent, including court costs and attorney fees.
(c)  A person may file a sworn complaint with the commission, in accordance with Section 571.122, alleging that a complaint relating to that person filed with the commission is frivolous or brought in bad faith.  A complaint may be filed under this subsection without regard to whether the complaint alleged to be frivolous or brought in bad faith is pending before the commission or has been resolved. The commission shall act on a complaint made under this subsection as provided by Subchapter E.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1141 (H.B. 2826), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 571 - Texas Ethics Commission › Subchapter F. Enforcement › Section 571.177. Factors Considered for Assessment of Sanction

Sec. 571.177.  FACTORS CONSIDERED FOR ASSESSMENT OF SANCTION.  The commission shall consider the following factors in assessing a sanction:
(1)  the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation;
(2)  the history and extent of previous violations;
(3)  the demonstrated good faith of the violator, including actions taken to rectify the consequences of the violation;
(4)  the penalty necessary to deter future violations;  and
(5)  any other matters that justice may require.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter A. General Provisions › Section 572.001. Policy; Legislative Intent

Sec. 572.001.  POLICY;  LEGISLATIVE INTENT.  (a)  It is the policy of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer's or employee's duties in the public interest.
(b)  To implement this policy and to strengthen the faith and confidence of the people of this state in state government, this chapter provides standards of conduct and disclosure requirements to be observed by persons owing a responsibility to the people and government of this state in the performance of their official duties.
(c)  It is the intent of the legislature that this chapter serve not only as a guide for official conduct of those persons but also as a basis for discipline of those who refuse to abide by its terms.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter A. General Provisions › Section 572.004. Definition: Regulation

Sec. 572.004.  DEFINITION:  REGULATION.  In this chapter, "regulation" means rulemaking, adjudication, or licensing.  In this definition:
(1)  "Adjudication" means the process of an agency for formulating an order.
(2)  "License" includes all or part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission.
(3)  "Licensing" includes the process of an agency concerning the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license.
(4)  "Order" means all or part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rulemaking but including licensing.
(5)  "Rule" means all or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of an agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter A. General Provisions › Section 572.005. Determination of Substantial Interest

Sec. 572.005.  DETERMINATION OF SUBSTANTIAL INTEREST.  An individual has a substantial interest in a business entity if the individual:
(1)  has a controlling interest in the business entity;
(2)  owns more than 10 percent of the voting interest in the business entity;
(3)  owns more than $25,000 of the fair market value of the business entity;
(4)  has a direct or indirect participating interest by shares, stock, or otherwise, regardless of whether voting rights are included, in more than 10 percent of the profits, proceeds, or capital gains of the business entity;
(5)  is a member of the board of directors or other governing board of the business entity;
(6)  serves as an elected officer of the business entity;  or
(7)  is an employee of the business entity.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter A. General Provisions › Section 572.006. Determination of Dependent Child

Sec. 572.006.  DETERMINATION OF DEPENDENT CHILD.  An individual's child, including an adopted child or stepchild, is the individual's dependent during a calendar year in which the individual provides more than 50 percent of the child's support.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter A. General Provisions › Section 572.007. Penalties Imposed by Commission

Sec. 572.007.  PENALTIES IMPOSED BY COMMISSION.  This chapter does not prohibit the imposition of civil penalties by the commission in addition to criminal penalties or other sanctions imposed by law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter A. General Provisions › Section 572.008. Venue

Sec. 572.008.  VENUE.  An offense under this chapter, including perjury, may be prosecuted in Travis County or in any other county in which it may be prosecuted under the Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.021. Financial Statement Required

Sec. 572.021.  FINANCIAL STATEMENT REQUIRED.  Except as provided by Section 572.0211, a state officer, a partisan or independent candidate for an office as an elected officer, and a state party chair shall file with the commission a verified financial statement complying with Sections 572.022 through 572.0252.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 5.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 630 (H.B. 2511), Sec. 2, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 1253 (H.B. 1945), Sec. 2, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.0211. Filing by Holdover Officer Not Required

Sec. 572.0211.  FILING BY HOLDOVER OFFICER NOT REQUIRED.  (a)  An appointed officer who resigns from office and who ceases to participate in the state agency's functions is not required to file a financial statement that is due because of service in that office after the effective date of the resignation.
(b)  An appointed officer whose term of office expires and who ceases to participate in the functions of the state agency is not required to file a financial statement that is due because of service in that office after the date the term of office expires.
(c)  An appointed officer of a state agency that is abolished or whose functions are transferred to another state agency is not required to file a financial statement that is due because of service after the date that the agency is abolished or the functions of the agency are transferred.
(d)  An appointed officer who resigns or whose term of office expires who does not intend to participate in the functions of the state agency shall deliver written notice of the officer's intention to the governor and the commission.
Added by Acts 2005, 79th Leg., Ch. 630 (H.B. 2511), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.022. Reporting Categories; Required Descriptions

Sec. 572.022.  REPORTING CATEGORIES; REQUIRED DESCRIPTIONS.  (a)  If an amount in a financial statement is required to be reported by category, the individual filing the statement shall report whether the amount is:
(1)  less than $5,000;
(2)  at least $5,000 but less than $10,000;
(3)  at least $10,000 but less than $25,000;  or
(4)  $25,000 or more.
(b)  The individual filing the statement shall report an amount of stock by category of number of shares instead of by category of dollar value and shall report whether the amount is:
(1)  less than 100 shares;
(2)  at least 100 but less than 500 shares;
(3)  at least 500 but less than 1,000 shares;
(4)  at least 1,000 but less than 5,000 shares;
(5)  at least 5,000 but less than 10,000 shares;  or
(6)  10,000 shares or more.
(c)  The individual filing the statement shall report a description of real property by reporting:
(1)  the street address, if available, or the number of lots or number of acres, as applicable, in each county, and the name of the county, if the street address is not available;  and
(2)  the names of all persons retaining an interest in the property, excluding an interest that is a severed mineral interest.
(d)  For a gift of cash or a cash equivalent such as a negotiable instrument or gift certificate that is reported in accordance with Section 572.023(b)(7), the individual filing the statement shall include in the description of the gift a statement of the value of the gift.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 5.02, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 342 (S.B. 129), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 342 (S.B. 129), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.024. Information About Services for Lobbyists or Lobbyist Employers

Sec. 572.024.  INFORMATION ABOUT SERVICES FOR LOBBYISTS OR LOBBYIST EMPLOYERS.  A state officer who receives a fee for services rendered by the officer to or on behalf of a person required to be registered under Chapter 305, or to or on behalf of a person or entity that the officer actually knows directly compensates or reimburses a person required to be registered under Chapter 305, shall report on the financial statement the name of each person or entity for which the services were rendered and the category of the amount of each fee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.025. Information About Legislators' Representation Before Executive State Agencies

Sec. 572.025.  INFORMATION ABOUT LEGISLATORS' REPRESENTATION BEFORE EXECUTIVE STATE AGENCIES.  A member of the legislature who represents another person for compensation before an executive state agency shall report on the financial statement:
(1)  the name of the agency;
(2)  the person represented by the member;  and
(3)  the category of the amount of compensation received by the member for that representation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.0251. Information About Legislative Continuances

Sec. 572.0251.  INFORMATION ABOUT LEGISLATIVE CONTINUANCES.  A member or member-elect of the legislature licensed to practice law in this state who represents a party to a civil or criminal case for compensation and on that party's behalf applies for or obtains a legislative continuance under Section 30.003, Civil Practice and Remedies Code, or under another law or rule that requires or permits a court to grant a continuance on the grounds that an attorney for a party is a member or member-elect of the legislature shall report on the financial statement:
(1)  the name of the party represented;
(2)  the date on which the member or member-elect was retained to represent the party;
(3)  the style and cause number of the action in which the continuance was sought and the court and jurisdiction in which the action was pending when the continuance was sought;
(4)  the date on which the member or member-elect applied for a continuance;  and
(5)  whether the continuance was granted.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 5.04, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.0252. Information About Referrals

Sec. 572.0252.  INFORMATION ABOUT REFERRALS.  A state officer who is an attorney shall report on the financial statement:
(1)  making or receiving any referral for compensation for legal services;  and
(2)  the category of the amount of any fee accepted for making a referral for legal services.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 5.04, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.026. Filing Dates for State Officers and State Party Chairs

Sec. 572.026.  FILING DATES FOR STATE OFFICERS AND STATE PARTY CHAIRS.  (a)  Not later than April 30 each year, a state officer or a state party chair shall file the financial statement as required by this subchapter.
(b)  An individual who is appointed to serve as a salaried appointed officer or an appointed officer of a major state agency or who is appointed to fill a vacancy in an elective office shall file a financial statement not later than the 30th day after the date of appointment or the date of qualification for the office, or if confirmation by the senate is required, before the first committee hearing on the confirmation, whichever date is earlier.
(c)  An individual who is appointed or employed as the executive head of a state agency shall file a financial statement not later than the 45th day after the date on which the individual assumes the duties of the position.  A state agency shall immediately notify the commission of the appointment or employment of an executive head of the agency.
(d)  An individual required to file a financial statement under Subsection (a) may request the commission to grant an extension of not more than 60 days for filing the statement.  The commission shall grant the request if it is received before the filing deadline or if a timely filing or request for extension is prevented because of physical or mental incapacity.  The commission may not grant more than one extension to an individual in one year except for good cause shown.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 249, Sec. 5.05, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1253 (H.B. 1945), Sec. 3, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1253 (H.B. 1945), Sec. 4, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 248 (H.B. 2839), Sec. 1, eff. May 25, 2007.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.027. Filing Dates for Candidates

Sec. 572.027.  FILING DATES FOR CANDIDATES.  (a)  An individual who is a partisan or independent candidate for an office as an elected officer shall file the financial statement required by this subchapter not later than the later of:
(1)  the 60th day after the date of the regular filing deadline for an application for a place on the ballot in the general primary election; or
(2)  February 12.
(b)  If the deadline under which a candidate files an application for a place on the ballot, other than the regular filing deadline for an independent candidate, or files a declaration of write-in candidacy falls after the date of the regular filing deadline for candidates in the general primary election, the candidate shall file the financial statement not later than the 30th day after that later deadline.  However, if that deadline falls after the 35th day before the date of the election in which the candidate is running, the candidate shall file the statement not later than the fifth day before the date of that election.
(c)  An individual who is a candidate in a special election for an office as an elected officer shall file the financial statement not later than the fifth day before the date of that election.
(d)  An individual nominated to fill a vacancy in a nomination as a candidate for a position as an elected officer under Chapter 145, Election Code, shall file the financial statement not later than the 15th day after the date the certificate of nomination required by Section 145.037 or 145.038, Election Code, is filed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 239 (S.B. 431), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.028. Duplicate Statements

Sec. 572.028.  DUPLICATE STATEMENTS.  If an individual has filed a financial statement under one provision of this subchapter covering the preceding calendar year, the individual is not required to file a financial statement required under another provision of this subchapter to cover that same year if, before the deadline for filing the statement under the other provision, the individual notifies the commission in writing that the individual has already filed a financial statement under the provision specified.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.029. Timeliness of Filing

Sec. 572.029.  TIMELINESS OF FILING.  (a)  The deadline for filing a financial statement required by this subchapter is 5 p.m. of the last day designated in the applicable provision for filing the statement.
(b)  If the last day for filing the financial statement is a Saturday, Sunday, or holiday included under Subchapter B, Chapter 662, the statement is timely if filed on the next day that is not a Saturday, Sunday, or listed holiday.
(c)  A financial statement is timely filed if it is properly addressed and placed in the United States Post Office or in the hands of a common or contract carrier not later than the last day for filing the financial statement.  The post office cancellation mark or the receipt mark of a common or contract carrier is prima facie evidence of the date the statement was deposited with the post office or carrier.  The individual filing the statement may show by competent evidence that the actual date of posting was different from that shown by the marks.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.0291. Electronic Filing Required

Sec. 572.0291.  ELECTRONIC FILING REQUIRED.  (a)  Except as provided by Subsection (b), a financial statement filed with the commission must be filed by computer diskette, modem, or other means of electronic transfer, using computer software provided by the commission or computer software that meets commission specifications for a standard file format.
(b)  An individual who was appointed to office and who is required to file a financial statement with the commission under this subchapter may file the financial statement by certified mail.  The filing by mail must be in compliance with Section 572.029.
Added by Acts 2015, 84th Leg., R.S., Ch. 818 (H.B. 3683), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 243 (H.B. 791), Sec. 1, eff. May 29, 2017.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.0295. Amendment of Financial Statement

Sec. 572.0295.  AMENDMENT OF FINANCIAL STATEMENT.  (a)  A person who files a financial statement under this chapter may amend the person's statement.
(b)  A financial statement that is amended is considered to have been filed on the date on which the original statement was filed if:
(1)  the amendment is made on or before the 14th day after the date the person filing the statement learns of an error or omission in the original statement;
(2)  the original financial statement was made in good faith and without an intent to mislead or to misrepresent the information contained in the statement; and
(3)  the person filing the amendment accompanies the amendment with a declaration that:
(A)  the person became aware of the error or omission in the original statement during the preceding 14 days; and
(B)  the original statement was made in good faith and without intent to mislead or to misrepresent the information contained in the statement.
Added by Acts 2017, 85th Leg., R.S., Ch. 439 (H.B. 501), Sec. 2, eff. January 8, 2019.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter B. Personal Financial Statement › Section 572.030. Preparation and Mailing of Forms

Sec. 572.030.  PREPARATION AND MAILING OF FORMS.  (a)  The commission shall design forms that may be used for filing the financial statement under this subchapter.
(b)  The commission shall mail to each individual required to file under this subchapter a notice that:
(1)  states that the individual is required to file a financial statement under this subchapter;
(2)  identifies the filing dates for the financial statement as provided by Sections 572.026 and 572.027;
(3)  describes the manner in which the individual may obtain the financial statement forms and instructions from the commission's Internet website;
(4)  states that on request of the individual, the commission will mail to the individual a copy of the financial statement forms and instructions; and
(5)  states, if applicable, the fee for mailing the forms and instructions and the manner in which the individual may pay the fee.
(c)  The notice required by Subsection (b) must be mailed:
(1)  before the 30th day before the deadline for filing the financial statement under Section 572.026(a) or (c), except as otherwise provided by this subsection;
(2)  not later than the 15th day after the applicable deadline for filing an application for a place on the ballot or a declaration of write-in candidacy for candidates required to file under Section 572.027(a), (b), or (c);
(3)  not later than the seventh day after the date of appointment for individuals required to file under Section 572.026(b), or if the legislature is in session, sooner if possible;  and
(4)  not later than the fifth day after the date the certificate of nomination is filed for candidates required to file under Section 574.027(d).
(d)  The commission shall mail a copy of the financial statement forms and instructions to an individual not later than the third business day after the date the commission receives the individual's request for the forms and instructions.
(e)  The commission may charge a fee for mailing the financial statement forms and instructions to an individual.  The amount of the fee may not exceed the reasonable cost of producing and mailing the forms and instructions.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 14, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 299 (H.B. 1652), Sec. 1, eff. June 15, 2007.