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