Houston Code of Ordinances § 18-21 By covered city officials and candidates for city office.
Sec. 18-21. - By covered city officials and candidates for city office.
(a) Notwithstanding the meaning of the term city official as provided in section 18-2 of this Code, only the city officials holding the following positions or performing the duties and functions enumerated and described below (hereinafter referred to as "covered city officials") shall be required to comply with the provisions of this article:
(1) The mayor, the city controller, and city council members;
(2) The city attorney, the presiding judge of the municipal courts department and all full-time and substitute municipal court judges (classified as "Associate Judges of Municipal Courts");
(3) All executive level employees of the mayor's office and the city controller's office;
(4) Council member chiefs of staff and agenda directors; and
(5) City department personnel—Directors, deputy directors, and assistant directors.
(b) On or before April 30 of each calendar year, each covered city official shall file with the city secretary a financial disclosure statement. The statement shall cover the previous calendar year. The mayor, city council members, and the city attorney shall file a financial disclosure statement pursuant to Chapter 145 of the Local Government Code. All other covered city officials may elect to use either the financial disclosure form prescribed by Chapter 145 of the Local Government Code or the financial disclosure statement form promulgated pursuant to the provisions of section 18-25 of this Code to comply with the provisions of this article.
(c) Any candidate for a city elective office at a general election who has not filed a financial disclosure statement pursuant to Chapter 145 of the Texas Local Government Code during the year in which such election is held shall file a statement pursuant to that law with the city secretary. A candidate for city elective office in a special election to fill a vacancy shall file a financial disclosure statement with the city secretary as provided in the preceding sentence. The term candidate shall include a covered city official seeking reelection or election to another city elective office. Those candidates who have not filed by the filing date provided herein shall be advised of such omission by the commission via hand delivery, electronic mail, certified mail, return receipt requested, sent or delivered to the address provided by such candidate at the time of filing for office, or by any other method approved by the commission.
(d) A covered city official who ceases to be a covered city official shall not be required to file a financial disclosure statement with the city secretary for the period existing between the previous statement filed by such official and the effective date of such official's termination of duty or employment.
(e) Any person who is appointed to a city elective office for an unexpired term and who is not otherwise subject to subsections (b) or (c) hereinabove shall file a financial disclosure statement with the city secretary for the 12 months preceding his appointment. The statement shall be filed not later than 15 days following such appointment. This subsection shall not apply to the mayor pro tem who fills a vacancy created in the office of mayor, or to the vice mayor pro tem who fills a vacancy created in the office of mayor or mayor pro tem, provided such person has previously complied with subsection (b) above.
(f) The city secretary shall retain financial disclosure statements for not less than five years from the date of filing. The city secretary shall also maintain a list of the persons who are required to file financial disclosure statements under this article and an index of the statements filed, setting forth names and dates of filing.
(g) A covered city official or candidate for a city elective office shall include the following information by separate listing of each category, as enumerated in parts (1) through (14) below, in his or her required financial disclosure statement:
(1) The name, address, public position held or sought by the covered city official or candidate, the names of all members of his household, and all names under which any of them do business.
(2) All sources of occupational income in excess of $250.00 per source of the covered city official or candidate, and members of his household, including the amount, the name and business address of the employer or employing business and the nature of the occupation or business. If the covered city official, candidate, or any member of his household is self-employed, or if such person owns, either legally or beneficially, at least a 20 percent interest in the business, then he shall report the names and addresses of the clients or customers from whom he or his employer or employing business received at least ten percent of such employer's or employing business' gross income during the period covered by the statement. If such income is for the provision of medical, health-related, or legal services, the income shall be listed but the identity of the individual patients or clients need not be disclosed.
(3) All income received during the period covered by the statement by the covered city official, candidate, member of his household, or by a business in which the person has a 20 percent or greater interest, as a fee for future, unspecified services, including the amount and the name of the source of the fee.
(4) An itemized list of all income in excess of $250.00 per source received during the period covered by the statement by the covered city official, candidate, or member of his household from interest, dividends, royalties or rents, including the amount and the identification of the source.
(5) An itemized list of all income in excess of $250.00 per source received during the period covered by the statement by the covered city official, candidate, or member of his household as the beneficiary of a trust, including the amount and the identification of the source.
(6) The identification of any person, business, or organization from whom the covered city official, candidate, or member of his household has received, during the period covered by the statement, a gift of any money or other thing of value in excess of $250.00, or a series of gifts from the same source, the total value of which exceeds $250.00, including, by itemized listing, the source of the gift and its value. Excluded from this requirement are gifts received from persons related to the covered city official, candidate, or member of his household within the second degree of consanguinity or affinity, and campaign contributions which were received and reported as required by state statute. Also excluded from this requirement are meals and beverages received during the period covered by the statement by such person from some other person, business or organization.
(7) The name of any business in which the covered city official, candidate, or member of his household held or owned stock, legally or beneficially, at any time during the period covered by the statement, which stock is registered and publicly traded on a recognized exchange (or through the over-the-counter market).
(8) The name, street address, and nature of any business in which the covered city official, candidate, or member of his household held or owned stock, legally or beneficially, at any time during the period covered by the statement, which stock is either unregistered, closely held or not publicly traded on a recognized exchange (or through the over-the-counter market), and a statement as to whether the holdings constitute a ten percent or larger interest in such business.
For purposes of sub-items 7 and 8, stock held in a mutual fund, company 401K plan, or similar investment in which the shares of the fund or investment may be actively traded or exchanged, stock ownership may simply be identified by the fund name, investment fund name, or other descriptive name (i.e., Fidelity Magellan Fund, COH 457 Plan, etc.).
(9) A description and the amount of all bonds, notes and other commercial paper held or owned, legally or beneficially, by the covered city official, candidate, or member of his household at any time during the period covered by the statement.
(10) All other income received during the period covered by the statement by the covered city official, candidate, or member of his household in excess of $250.00, including, by itemized listing, the amount and description of the source.
(11) All real property in which the covered city official, candidate, or member of his household has held, at any time during the period covered by the statement, any legal or beneficial interest, including, by itemized listing, a description of the property sufficient to locate the property, including the street address, if any, the present use of the property and the proportion, by percent, of the interest held in each tract by the covered city official, candidate, or member of his household.
(12) An itemized list of all real property that, at any time during the period covered by the statement, was owned, either directly or through a subsidiary, by a corporation, partnership, limited partnership, trust, or other business in which the covered city official, candidate, or member of his household is an officer or owns at least a ten percent interest, including a description of the property sufficient to locate the property, including the street address, if any, and the present use of the property.
(13) All contractual financial liabilities of the covered city official, candidate, or member of his household that are in excess of $1,000.00 and that existed at any time during the period covered by the statement, including the amount of the liability, the interest rate and the name of the obligee. Provided, however, that such liabilities shall not be construed to include normal household accounts such as those with retail business establishments or bank credit or debit cards. Additionally excluded from this requirement are campaign loans which are to be reported as required by state statute.
(14) All boards of directors of which the covered city official, candidate, or member of his household was a member and the executive positions which the person held during the period covered by the statement in any business, stating the name of each such business and the position held.
(h) Reports of cash value or interest by category.
(1) Where a monetary amount or value is required to be reported, the exact amount need not be stated. The statement may instead include the category of amount as follows:
a. | Category I: | Less than $1,000.00
b. | Category II: | At least $1,000.00 but less than $10,000.00
c. | Category III: | At least $10,000.00 but less than $50,000.00
d. | Category IV: | At least $50,000.00 but less than $100,000.00
e. | Category V: | At least $100,000.00 but less than $500,000.00
f. | Category VI: | At least $500,000.00 but less than $1,000,000.00
g. | Category VII: | $1,000,000.00 or more
(2) Where the rate of interest is required to be reported, the exact rate of interest need not be stated. The statement may instead include the rate of interest by category as follows:
a. | Category I: | Not more than five percent.
b. | Category II: | Greater than five percent, but not more than ten percent.
c. | Category III: | Greater than ten percent, but not more than 15 percent.
d. | Category IV: | Greater than 15 percent, but not more than 20 percent.
e. | Category V: | More than 20 percent.
(Ord. No. 87-59, § 1, 1-14-87; Ord. No. 94-1006, § 1, 9-21-94; Ord. No. 94-1388, § 1, 12-21-94; Ord. No. 05-1060, § 1, 9-14-05; Ord. No. 05-1222, § 1, 11-9-05; Ord. No. 2011-47, §§ 8—11, 1-12-2011; Ord. No. 2012-773, § 10, 8-29-2012; Ord. No. 2014-231, § 2(Exh. A), 3-26-2014; Ord. No. 2015-245, § 2, 3-25-2015)