2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.064. Filing of Financial Statement by Trustee

Sec. 11.064.  FILING OF FINANCIAL STATEMENT BY TRUSTEE.  (a)  The board of trustees of an independent school district by resolution adopted by majority vote may require each member of the board to file the financial statement required of state officers under Subchapter B, Chapter 572, Government Code, with:
(1)  the board of trustees;  and
(2)  the Texas Ethics Commission.
(a-1)  Not later than the 15th day after the date a board of trustees adopts a resolution under Subsection (a), the board shall deliver a certified copy of the resolution to the Texas Ethics Commission.
(a-2)  A resolution adopted under Subsection (a) applies beginning on January 1 of the second year following the year in which the resolution is adopted.  A member of a board of trustees that has adopted a resolution under Subsection (a) is not required to include, in a financial disclosure statement under this section, financial activity occurring before January 1 of the year following the year in which the resolution is adopted.
(a-3)  The commissioner by order shall require the members of the board of trustees of an independent school district to file the financial statement required of state officers under Subchapter B, Chapter 572, Government Code, in the same manner as the members of a board of trustees that have adopted a resolution under Subsection (a) if the commissioner determines that:
(1)  a board member has failed to comply with filing and recusal requirements applicable to the member under Chapter 171, Local Government Code;
(2)  the district financial accounting practices are not adequate to safeguard state and district funds;  or
(3)  the district has not met a standard set by the commissioner in the financial accountability rating system.
(a-4)  The commissioner may require filing financial statements under Subsection (a-3) covering not more than three fiscal years and beginning on January 1 of the second year following the date of the commissioner's order.  A member of a board of trustees subject to an order issued under Subsection (a-3) is not required to include, in a financial disclosure statement subject to this section, financial activity occurring before January 1 of the year following the year in which the order is issued.  The commissioner may renew the requirement if the commissioner determines that a condition described by Subsection (c) continues to exist.
(b)  Subchapter B, Chapter 572, Government Code:
(1)  applies to a trustee subject to this section as if the trustee were a state officer;  and
(2)  governs the contents, timeliness of filing, and public inspection of a statement filed under this section.
(c)  A trustee serving in a school district that has adopted a resolution under Subsection (a) or that is subject to an order issued under Subsection (a-3) commits an offense if the trustee fails to file the statement required by the resolution or order.  An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.04, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 30.01, eff. Jan. 11, 2004.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 853 (H.B. 343), Sec. 1, eff. January 1, 2014.