Local government officers and vendors can commit an offense if they knowingly miss required filing deadlines for disclosure statements or questionnaires.
Sec. 176.013. ENFORCEMENT. (a) A local government officer commits an offense under this chapter if the officer: (1) is required to file a conflicts disclosure statement under Section 176.003; and (2) knowingly fails to file the required conflicts disclosure statement with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of the statement. (b) A vendor commits an offense under this chapter if the vendor: (1) is required to file a conflict of interest questionnaire under Section 176.006; and (2) either: (A) knowingly fails to file the required questionnaire with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the vendor becomes aware of the facts that require the filing of the questionnaire; or (B) knowingly fails to file an updated questionnaire with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the vendor becomes aware of an event that would make a statement in a questionnaire previously filed by the vendor incomplete or inaccurate. (c) An offense under this chapter is: (1) a Class C misdemeanor if the contract amount is less than $1 million or if there is no contract amount for the contract; (2) a Class B misdemeanor if the contract amount is at least $1 million but less than $5 million; or (3) a Class A misdemeanor if the contract amount is at least $5 million. (d) A local governmental entity may reprimand, suspend, or terminate the employment of an employee who knowingly fails to comply with a requirement adopted under this chapter. (e) The governing body of a local governmental entity may, at its discretion, declare a contract void if the governing body determines that a vendor failed to file a conflict of interest questionnaire required by Section 176.006. (f) It is an exception to the application of Subsection (a) that the local government officer filed the required conflicts disclosure statement not later than the seventh business day after the date the officer received notice from the local governmental entity of the alleged violation. (g) It is an exception to the application of Subsection (b) that the vendor filed the required questionnaire not later than the seventh business day after the date the vendor received notice from the local governmental entity of the alleged violation. Added by Acts 2015, 84th Leg., R.S., Ch. 989 (H.B. 23), Sec. 8, eff. September 1, 2015.