reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.031. Definitions

Sec. 158.031.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means a sheriff's department civil service commission.
(2)  "Department" means a sheriff's department.
(3)  "Employee" means an employee of a sheriff's department.  The term includes a deputy sheriff.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.032. Eligible Departments

Sec. 158.032.  ELIGIBLE DEPARTMENTS.  A sheriff's department in a county with a population of more than 500,000 may, in accordance with this subchapter, create a civil service system.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 127, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 597, Sec. 92, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.033. Petition and Election

Sec. 158.033.  PETITION AND ELECTION.  (a)  If at least 20 percent of the employees of an eligible department under this subchapter sign a petition requesting an election under this section and present the petition to the county judge of the employing county, the judge shall order a departmental election on the question of the creation of a sheriff's department civil service system.
(b)  The county judge shall hold the election after the 15th day but on or before the 45th day after the date the petition is submitted.  The election must be by secret ballot and each employee is entitled to vote at the election.
(c)  The ballots for the election shall be printed to provide for voting for or against the proposition:  "Creation of a sheriff's department civil service system."
(d)  The county judge shall canvass the votes and declare the result.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.034. Appointment of Commission

Sec. 158.034.  APPOINTMENT OF COMMISSION.  (a)  In a county with a population of less than 2.8 million, if a majority of the employees voting at the election approve the creation of a sheriff's department civil service system, the sheriff, commissioners court, and district attorney shall each appoint one person to serve as a member of the civil service commission that administers the system.  In a county with a population of 2.8 million or more, if a majority of the employees voting at the election approve the creation of a sheriff's department civil service system, the sheriff, commissioners court, and district attorney shall each appoint two persons to serve as members of the civil service commission that administers the system, and the three appointing authorities shall appoint one member by joint action requiring the affirmative vote of each of the authorities.
(b)  The sheriff shall designate one of the members as chairman of the commission.
(c)  Each member of the commission is appointed for a term of two years.  However, the initial members of the commission in a county with a population of less than 2.8 million shall determine by lot which two of them will serve a term of two years and which one of them will serve a term of one year.  In a county with a population of 2.8 million or more:
(1)  the initial member appointed jointly under Subsection (a) serves a term of two years;  and
(2)  the initial members appointed by each individual appointing authority shall determine by lot which one of the two initial members appointed by the appointing authority will serve a term of two years and which initial member appointed by that authority will serve a term of one year.
(d)  The entity that appointed a member of the commission whose position becomes vacant shall appoint a person to serve the unexpired part of the member's term.
(e)  To be eligible for appointment to the commission, a person must:
(1)  be at least 25 years old;  and
(2)  have resided in the county for the three years immediately preceding the date on which the person's term will begin.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 534, Sec. 1, eff. May 31, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.035. Powers of Commission

Sec. 158.035.  POWERS OF COMMISSION.  (a)  The commission shall adopt, publish, and enforce rules regarding:
(1)  selection and classification of employees;
(2)  competitive examinations;
(3)  promotions, seniority, and tenure;
(4)  layoffs and dismissals;
(5)  disciplinary actions;
(6)  grievance procedures;
(7)  the rights of employees during an internal investigation;  and
(8)  other matters relating to the selection of employees and the procedural and substantive rights, advancement, benefits, and working conditions of employees.
(b)  The commission may adopt or use as a guide any civil service law or rule of the United States, this state, or a political subdivision in this state to the extent that the law or rule promotes the purposes of this subchapter and is consistent with the needs and circumstances of the department.
(c)  In a county with a population of 2.8 million or more, a panel of three commissioners shall preside at the hearing and vote on the commission's final decision in any case involving termination, demotion, or recovery of back pay.  A panel's decision is the final decision of the commission for purposes of Sections 158.0351 and 158.037.  The commission shall adopt rules prescribing the commission's procedures for assigning members to a panel.  A panel may not include more than one member who was appointed to the commission by the same individual appointing authority.
(d)  In rendering a final decision regarding a disciplinary action by the department, the commission may only sustain, overturn, or reduce the disciplinary action.  The commission may not enhance a disciplinary action by the department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 218, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 893, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 534, Sec. 2, eff. May 31, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 432 (H.B. 2168), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.0351. Procedures After Felony Indictment or Misdemeanor Complaint

Sec. 158.0351.  PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR COMPLAINT.  (a)  This section applies only to a county with a population of 2.8 million or more.
(b)  If an employee is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the sheriff may temporarily suspend the person with or without pay for a period not to exceed 30 days after the date of final disposition of the specified felony indictment or misdemeanor complaint.
(c)  The sheriff shall notify the suspended employee in writing that the person is being temporarily suspended for a specific period with or without pay and that the temporary suspension is not intended to reflect an opinion on the merits of the indictment or complaint.
(d)  An employee indicted for a felony or officially charged with the commission of a Class A or B misdemeanor who has also been charged by the sheriff with a civil service rule violation directly related to the indictment or complaint may delay the civil service hearing for not more than 30 days after the date of the final disposition of the indictment or complaint.
(e)  If the sheriff temporarily suspends an employee under this section and the employee is not found guilty as charged in the indictment or complaint in a court of competent jurisdiction, the employee may appeal to the commission for recovery of back pay.  The commission may:
(1)  award all or part of the back pay, even if the employee is a deputy sheriff whose appointment as a deputy was revoked under Section 85.003(c);  or
(2)  modify or uphold the decision by the sheriff.
(f)  Acquittal or dismissal of an indictment or a complaint does not mean that an employee has not violated a civil service rule and does not negate the charges that may have been or may be brought against the employee by the sheriff.
(g)  Conviction of a felony is cause for dismissal, and conviction of a Class A or B misdemeanor may be cause for disciplinary action or dismissal.
Added by Acts 1993, 73rd Leg., ch. 893, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.0355. Authority to Issue Subpoenas and Administer Oaths

Sec. 158.0355.  AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER OATHS.  (a)  In a proceeding before the commission under this subchapter, the chairman of the commission shall, on request of a person described by Subsection (b):
(1)  administer oaths; and
(2)  issue subpoenas and subpoenas duces tecum for the attendance of witnesses and for the production of documentary material.
(b)  The affected employee, the county attorney, or a designee of the employee or the county attorney may request the chairman of the commission to subpoena any books, records, documents, papers, accounts, or witnesses that the requestor considers relevant to the case.  The request must be made before the 10th day before the date a commission proceeding will be held.
(c)  An oath administered under this section has the same force and effect as an oath administered by a magistrate in the magistrate's judicial capacity.
(d)  A response to a subpoena duces tecum under this section is considered to have been made under oath.
(e)  A person who is subpoenaed commits an offense if the person fails to appear as required by the subpoena.  An offense under this section is a misdemeanor punishable by a fine up to $1,000, confinement in the county jail for not more than 30 days, or both the fine and confinement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 851 (H.B. 3788), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.036. Compensation and Staff

Sec. 158.036.  COMPENSATION AND STAFF.  The members of the commission serve without compensation, but the commissioners court shall reimburse each member for actual and necessary expenses incurred in performing the member's duties.  The commissioners court shall provide the commission with adequate office space and sufficient funds to employ an adequate staff and to purchase necessary supplies and equipment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.037. Appeals

Sec. 158.037.  APPEALS.  (a)  An employee who, on a final decision by the commission, is demoted, suspended, or removed from a position may appeal the decision by filing a petition in a district court in the county within 30 days after the date of the decision.
(b)  An appeal under this section is under the substantial evidence rule, and the judgment of the district court is appealable as in other civil cases.
(c)  If the district court renders judgment for the petitioner, the court may order reinstatement of the employee, payment of back pay, or other appropriate relief.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 68, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.0371. Review Under Substantial Evidence Rule

Sec. 158.0371.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.  (a)  The same standards described by Section 158.0121 apply to an appeal under Section 158.037.
(b)  The procedures for review under Section 158.037 are the same as provided by Section 158.0122.
(c)  The commission may require a party who appeals a decision under Section 158.037 to pay the cost of preparing the commission record in the same manner provided by Section 158.0123.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.038. Exemptions

Sec. 158.038.  EXEMPTIONS.  (a)  A person who is an employee of a department on the date that a civil service system is adopted under this subchapter in the department may not be required to take a competitive examination or perform any other act under this subchapter to maintain the person's employment.
(b)  The sheriff of a county with a population of 3.3 million or less may designate as exempt from the civil service system:
(1)  the position of chief deputy;
(2)  four positions of major deputy;
(3)  one or more positions in the office of departmental legal counsel;  and
(4)  additional positions in the department;  provided, however, that the sheriff may not designate as exempt a total of more than 10 positions.
(c)  The sheriff of a county with a population of more than 3.3 million may designate as exempt from the civil service system:
(1)  the position of chief deputy;
(2)  one or more positions in the office of departmental legal counsel;  and
(3)  additional positions in the department, not to exceed 25 in number, that have been determined by the civil service commission to be administrative or supervisory positions;  provided, however, that the sheriff may not designate as exempt any position in the deputy classifications of captain or below.  The designation of any such additional exempt position by the sheriff shall not diminish the number of positions within the deputy classifications of captain or below.
(d)  At the time a new sheriff takes office, an employee holding an exempt position may be transferred to the nonexempt position held by the employee immediately before being promoted to an exempt position.  A person who was not an officer in the department when appointed to an exempt position may be transferred only to an entry level position in accordance with the system's civil service rules.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 810, Sec. 1, eff. Aug. 26, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 71, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.039. Dissolution of System

Sec. 158.039.  DISSOLUTION OF SYSTEM.  (a)  If, after a civil service system under this subchapter has been in effect in a department for at least one year, 20 percent of the employees of the department petition the county judge to dissolve the system, the judge shall order a departmental election on the question of the dissolution of the department's civil service system.
(b)  The county judge shall hold the election after the 15th day but on or before the 45th day after the date the petition is submitted.  The election must be by secret ballot and each employee is entitled to vote at the election.
(c)  The ballots for the election shall be printed to provide for voting for or against the proposition:  "Dissolution of the sheriff's department civil service system."
(d)  The county judge shall canvass the votes and declare the result.
(e)  If the proposition is approved by a majority of the employees voting at the election, the county judge shall declare the sheriff's department civil service system dissolved.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.040. Exclusivity

Sec. 158.040.  EXCLUSIVITY.  A civil service system created under this subchapter and in effect applies to the department to the exclusion of a civil service system in that county created under Subchapter A or another law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.041. Illness or Injury Leave of Absence

Sec. 158.041.  ILLNESS OR INJURY LEAVE OF ABSENCE.  (a)  A county shall provide to an employee a leave of absence for an illness or injury related to the employee's activities performed in the line of duty.  The leave is with full pay for a period commensurate with the nature of the line of duty illness or injury.  If necessary, the leave shall continue for at least one year.
(b)  At the end of the one-year period, the commissioners court of the county may extend the line of duty illness or injury leave at full or reduced pay.  If the employee's leave is not extended or the employee's salary is reduced below 60 percent of the employee's regular monthly salary, and the employee is a member of a pension fund, the employee may retire on pension until the employee is able to return to duty.
(c)  If pension benefits are not available to an employee who is temporarily disabled by a line of duty injury or illness and if the year at full pay and any extensions granted by the commissioners court have expired, the employee may use accumulated sick leave, vacation time, and other accumulated time before the employee is placed on temporary leave.
(d)  If an employee is temporarily disabled by an injury or illness that is not related to activities performed in the employee's line of duty, the employee may use all sick leave, vacation time, and other accumulated time before the employee is placed on temporary leave.
(e)  After recovery from a temporary disability, an employee shall be reinstated at the same rank and with the same seniority the employee had before going on temporary leave.
(f)  While an employee who is temporarily disabled is on leave, another employee may voluntarily do the work of the employee who is temporarily disabled or donate leave time to maintain the salary for the employee who is temporarily disabled until the temporarily disabled employee returns to duty.
Added by Acts 2023, 88th Leg., R.S., Ch. 488 (H.B. 995), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter B. Sheriff's Department Civil Service System in Certain Counties › Section 158.042. Reappointment After Recovery From Disability

Sec. 158.042.  REAPPOINTMENT AFTER RECOVERY FROM DISABILITY.  With the commission's approval and if otherwise qualified, an employee who has been certified by a physician selected by a pension fund as having recovered from a disability for which the employee has been receiving a monthly disability pension is eligible for reappointment to the classified position that the employee held on the date the employee qualified for the monthly disability pension.
Added by Acts 2023, 88th Leg., R.S., Ch. 488 (H.B. 995), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.001. Applicability of Subchapter

Sec. 159.001.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to:
(1)  a county officer or candidate for a county office of a county with a population of 100,000 or more; or
(2)  a justice of the peace or a candidate for the office of justice of the peace of a county with a population of 125,000 or more.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 480 (H.B. 2468), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.002. Definition

Sec. 159.002.  DEFINITION.  In this subchapter, "county officer" means a county judge, county commissioner, or county attorney.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.003. Financial Statement Required

Sec. 159.003.  FINANCIAL STATEMENT REQUIRED.  (a)  A county officer, candidate for a county office, justice of the peace, or candidate for the office of justice of the peace shall file a financial statement as required by this subchapter.
(b)  The statement must:
(1)  be filed with the county clerk of the county in which the officer, justice, or candidate resides; and
(2)  comply with Sections 572.022 and 572.023, Government Code, and with any order of the commissioners court of the county requiring additional disclosures.
(c)  The statement may be filed with the county clerk by electronic mail.  The county clerk may prescribe the manner and format for filing by electronic mail.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 480 (H.B. 2468), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 76.08, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1172 (S.B. 692), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.004. Filing Dates; Timeliness of Filing

Sec. 159.004.  FILING DATES;  TIMELINESS OF FILING.  (a)  A county officer or justice of the peace shall file the financial statement required by this subchapter within the time prescribed by Section 572.026, Government Code.  A candidate for office as a county officer or justice of the peace shall file the financial statement required by this subchapter within the time prescribed by Section 572.027, Government Code.
(b)  Except as provided in Subsection (e), the timeliness of the filing is governed by Section 572.029, Government Code.
(c)  A county officer or justice of the peace may request the county clerk to grant an extension of time of not more than 60 days for filing the statement.  The county clerk 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 county clerk may not grant more than one extension to a person in one year except for good cause shown.
(d)  The county clerk may not grant an extension to a candidate for office as a county officer or justice of the peace.
(e)  A person is considered to have timely filed a financial statement under this subchapter if:
(1)  the statement is personally delivered not later than 5 p.m. of the last day for filing the statement; or
(2)  the county clerk with whom the statement is required to be filed has adopted rules and procedures to provide for the electronic filing of the statement and the statement is electronically filed in accordance with those rules and procedures not later than midnight of the last day for filing the statement.
(f)  A county clerk may adopt rules and procedures under this section relating only to the manner in which a person must electronically file a financial statement and the required format of an electronically filed statement.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 480 (H.B. 2468), Sec. 3, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 894 (H.B. 1035), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.005. Preparation of Forms

Sec. 159.005.  PREPARATION OF FORMS.  (a)  The county clerk may:
(1)  design a form to be used for filing the financial statement required by this subchapter;  or
(2)  require that a form designed by the Texas Ethics Commission under Chapter 572, Government Code, be used for filing the financial statement.
(b)  The county clerk shall mail or, at the request of the person required to file under this subchapter, send by electronic mail, the form to each person required to file under this subchapter within the time prescribed by Section 572.030(c), Government Code.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 969 (H.B. 3602), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1172 (S.B. 692), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.006. Duplicate Statements

Sec. 159.006.  DUPLICATE STATEMENTS.  If a person has filed a financial statement under one provision of this subchapter covering the preceding calendar year, the person 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 person notifies the county clerk in writing that the person has already filed a financial statement under this subchapter to cover that year.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.007. Public Access to Statements

Sec. 159.007.  PUBLIC ACCESS TO STATEMENTS.  (a)  Financial statements filed under this subchapter are public records.  The county clerk shall maintain the statements in separate alphabetical files and in a manner that is accessible to the public during regular office hours.
(b)  During the one-year period following the date of filing of a financial statement, each time a person, other than the county clerk or an employee of the county clerk who is acting on official business, requests to see the financial statement, the county clerk shall place in the file a statement of the person's name and address, whom the person represents, and the date of the request.  The county clerk shall retain that statement in the file for one year after the date the requested financial statement is filed.
(c)  The county clerk may, and on notification from a former county officer, justice of the peace, or candidate shall, destroy any financial statements filed by the officer, justice, or candidate two years after the date the person ceases to be an officer, justice, or candidate, as applicable.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 480 (H.B. 2468), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.0071. Notification to Prosecuting Attorney

Sec. 159.0071.  NOTIFICATION TO PROSECUTING ATTORNEY.  The county clerk of each county in which a person is required to file a financial statement under this chapter shall maintain a list of the county officers, candidates for county office, justices of the peace, and candidates for the office of justice of the peace required to file the financial statement.  Not later than the 10th day after each applicable filing deadline, the county clerk shall provide to the county attorney or criminal district attorney a copy of the list showing for each county officer, candidate for county office, justice of the peace, and candidate for justice of the peace:
(1)  whether the officer, justice, or candidate timely filed a financial statement as required by this subchapter;
(2)  whether the officer, justice, or candidate timely requested and was granted an extension of time to file as provided for by Section 159.004 and the new due date for each such officer, justice, or candidate; or
(3)  whether the officer, justice, or candidate did not timely file a financial statement or receive an extension of time.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.02, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 480 (H.B. 2468), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.008. Criminal Penalty

Sec. 159.008.  CRIMINAL PENALTY.  (a)  A county officer, candidate for county office, justice of the peace, or candidate for the office of justice of the peace commits an offense if the officer, justice, or candidate knowingly fails to file a financial statement as required by this subchapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  It is a defense to prosecution under this section that the officer, justice, or candidate did not receive copies of the financial statement form required to be mailed to the officer, justice, or candidate by this subchapter.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 480 (H.B. 2468), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.009. Venue

Sec. 159.009.  VENUE.  An offense under this subchapter, including perjury, may be prosecuted in any county in which it may be prosecuted under the Code of Criminal Procedure.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter A. Financial Disclosure by Certain County Officers › Section 159.010. Civil Penalty

Sec. 159.010.  CIVIL PENALTY.  (a)  A person who determines that a person required to file a financial statement under this subchapter has failed to do so may notify in writing:
(1)  the county attorney or criminal district attorney;  or
(2)  the district attorney, if the person required to file the statement is the county attorney.
(b)  On receipt of a written notice under Subsection (a), the county attorney, district attorney, or criminal district attorney shall determine from any available evidence whether the person to whom the notice relates has failed to file a statement.  On making that determination, the county attorney, district attorney, or criminal district attorney shall immediately mail by certified mail a notice of the determination to the person responsible for filing the statement.
(c)  If the person responsible for filing the statement fails to file the statement before the 30th day after the person receives the notice under Subsection (b), the person is civilly liable to the county for an amount not to exceed $1,000.
(d)  A penalty paid under this section shall be deposited to the credit of the general fund of the county.
(e)  This section is cumulative of any other available sanctions for late filings of statements.
Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter B. Financial Disclosure by Other County Officers and Employees › Section 159.031. County Covered by Subchapter

Sec. 159.031.  COUNTY COVERED BY SUBCHAPTER.  This subchapter applies only to a county with a population of 125,000 or more.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 38(a), eff. Aug. 28, 1989.  Renumbered from Sec. 159.001 and amended by Acts 1991, 72nd Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter B. Financial Disclosure by Other County Officers and Employees › Section 159.032. Definitions

Sec. 159.032.  DEFINITIONS.  In this subchapter:
(1)  "County officer" means a sheriff, county tax assessor-collector, county clerk, district clerk, county treasurer, county auditor, or county purchasing agent.  The term does not include a county officer as defined by Section 159.002.
(2)  "Precinct officer" means a constable.
(3)  "County judicial officer" means a justice of the peace or a master, magistrate, or referee appointed by a justice of the peace.
(4)  "County employee" does not include a person covered by Subdivision (1), (2), or (3).
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.  Renumbered from Sec. 159.002 and amended by Acts 1991, 72nd Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.  Amended by Acts 1995, 74th Leg., ch. 763, Sec. 8, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 13.05, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter B. Financial Disclosure by Other County Officers and Employees › Section 159.033. Financial Disclosure Reporting System

Sec. 159.033.  FINANCIAL DISCLOSURE REPORTING SYSTEM.  (a)  The commissioners court of the county may adopt by order a financial disclosure reporting system for county officers, precinct officers, county judicial officers, candidates for those offices, and county employees.
(b)  The commissioners court shall prescribe the items required to be reported and the times the report is due.
(c)  If reporting is required, the commissioners court may restrict the reporting requirement to a limited part of county employees if all employees with similar jobs are required to report.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.  Renumbered from Sec. 159.003 and amended by Acts 1991, 72nd Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter B. Financial Disclosure by Other County Officers and Employees › Section 159.034. Filing Requirement

Sec. 159.034.  FILING REQUIREMENT.  (a)  The commissioners court may require the report to be filed with the clerk of the commissioners court, the county auditor, or any other county officer.  However, the commissioners court may require the report to be filed with the county clerk or other elected county officer only if the county clerk or elected county officer consents to the imposition of that duty.
(b)  The commissioners court may not require records filed under this subchapter to be maintained for more than one year and may require the authority with whom the records are filed to destroy the records after one year.
(c)  A person required by order of the commissioners court to file a report under this subchapter is considered to have complied with the order if the person files with the authority prescribed by the commissioners court a report that complies with the requirements of Chapter 572, Government Code.
(d)  A report filed under this subchapter may be filed by electronic mail.  The authority with whom the report is filed may prescribe the manner and format for filing by electronic mail.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.  Renumbered from Sec. 159.004 and amended by Acts 1991, 72nd Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 568 (S.B. 2072), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1172 (S.B. 692), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter B. Financial Disclosure by Other County Officers and Employees › Section 159.0341. Timeliness of Filing

Sec. 159.0341.  TIMELINESS OF FILING.  (a)  A person is considered to have timely filed a report under this subchapter if:
(1)  the report is filed in accordance with Section 572.029, Government Code;
(2)  the report is personally delivered not later than 5 p.m. of the last day for filing the report; or
(3)  the officer with whom the report is required to be filed has adopted rules and procedures to provide for the electronic filing of the report and the report is electronically filed in accordance with those rules and procedures not later than midnight of the last day for filing the report.
(b)  An officer with whom a report is required to be filed under this subchapter may adopt rules and procedures under this section relating only to the manner in which a person must electronically file a report and the required format of an electronically filed report.
Added by Acts 2013, 83rd Leg., R.S., Ch. 894 (H.B. 1035), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter B. Financial Disclosure by Other County Officers and Employees › Section 159.035. Civil Penalty

Sec. 159.035.  CIVIL PENALTY.  (a)  If a report is determined to be late, the person responsible for filing the report is civilly liable to the county for $100. The county attorney or the district or criminal district attorney with civil jurisdiction may not initiate suit for the penalty until the 10th day after the date a notice concerning the late report is mailed to the person.  If the report is filed and the penalty is paid before the 10th day after the date of the mailing, the authority with whom the report is filed shall notify the county attorney or the district or criminal district attorney, and the civil suit under this section may not be initiated.
(b)  A penalty paid under this section shall be deposited to the credit of the general fund of the county.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.  Renumbered from Sec. 159.005 and amended by Acts 1991, 72nd Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter B. Financial Disclosure by Other County Officers and Employees › Section 159.036. Criminal Penalty

Sec. 159.036.  CRIMINAL PENALTY.  (a)  An officer, candidate, or employee required to file a report by an order adopted under this subchapter commits an offense if the person knowingly fails to file the report as required by the order.
(b)  An offense under this section is a Class B misdemeanor.
(c)  It is a defense to prosecution under this section that the person has filed the required report and paid a civil penalty as provided by this subchapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.  Renumbered from Sec. 159.006 and amended by Acts 1991, 72nd Leg., ch. 304, Sec. 7.01, eff. Jan. 1, 1992.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter C. Financial Disclosure by County Judicial Officers › Section 159.051. Definitions

Sec. 159.051.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Texas Ethics Commission.
(2)  "County judicial officer" means the judge of a statutory county court or statutory probate court.
Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter C. Financial Disclosure by County Judicial Officers › Section 159.052. Filing Requirement

Sec. 159.052.  FILING REQUIREMENT.  (a)  A county judicial officer or a candidate for office as a county judicial officer shall file with the county clerk or the commission a financial statement that complies with Sections 572.022 and 572.023, Government Code.
(b)  A county judicial officer or candidate who files a financial statement with the commission shall file with the county clerk a document stating that the officer or candidate is filing the financial statement with the commission.  The document must be filed by the deadline for filing the financial statement.
(c)  A financial statement filed with the county clerk may be filed by electronic mail.  The county clerk may prescribe the manner and format for filing by electronic mail under this subsection.
Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1172 (S.B. 692), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter C. Financial Disclosure by County Judicial Officers › Section 159.053. Filing Dates; Timeliness of Filing

Sec. 159.053.  FILING DATES;  TIMELINESS OF FILING.  (a)  A county judicial officer shall file the financial statement required by this subchapter within the time prescribed by Section 572.026, Government Code.  A candidate for office as a county judicial officer shall file the financial statement required by this subchapter within the time prescribed by Section 572.027, Government Code.
(b)  Except as provided in Subsection (c), the timeliness of the filing is governed by Section 572.029, Government Code.
(c)  A person is considered to have timely filed a financial statement under this subchapter if:
(1)  the statement is personally delivered not later than 5 p.m. of the last day for filing the statement; or
(2)  the county clerk with whom the statement is required to be filed has adopted rules and procedures to provide for the electronic filing of the statement and the statement is electronically filed in accordance with those rules and procedures not later than midnight of the last day for filing the statement.
Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 894 (H.B. 1035), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter C. Financial Disclosure by County Judicial Officers › Section 159.054. Preparation of Forms

Sec. 159.054.  PREPARATION OF FORMS.  (a)  The county clerk may:
(1)  design a form to be used for filing the financial statement required by this subchapter;  or
(2)  require that a form designed by the commission under Chapter 572, Government Code, be used for filing the financial statement.
(b)  The county clerk shall make paper and electronic copies of the form available to each person required to file under this subchapter within the time prescribed by Section 572.030(c), Government Code.
Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1172 (S.B. 692), Sec. 5, eff. September 1, 2013.