Texas. Elections Division. Disclosure Filings Section.

See the online finding aid for the agency history.

From the description of Elections Division Candidate Campaign Contribution and Expense Statements, 1918-1989. (Texas State Library & Archives Commission). WorldCat record id: 713857930

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has a wide variety of duties and responsibilities, including the following: authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Statutory Filings, Administrative Services, and Information Services.

The Elections Division assists the Secretary of State in interpreting and applying the Election Code and other election laws. The Secretary of State, as Chief Election Officer of the State, has specific functions under the Election Code, which include receiving, examining, and filing the official certified returns of all general elections, special elections for members of the legislature, and constitutional amendment elections.

This ethics filing was created by House Bill 4, 63rd Legislature, Regular Session, 1973. The Campaign Reporting and Disclosure Act of 1973 required the following things to be reported: full name and complete address of each person from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; the occupations of such persons (for general purpose political action committees); full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973; prior to 1973, all contributions and expenditures were reportable by name and address.)

In 1975, House Bill 299 acknowledged the existence of political committees and allowed for expenditures by the same. Although political support committees had existed unofficially for some time, they were rigidly tied to specific candidates or issues. The amended election code allowed for specific purpose political committees, defined as: (1) any political committee which accepts only contributions and/or makes only expenditures in support for or in opposition to candidates who are identifiable and for whom the office(s) to be sought are known and any political committee only accepting contributions and/or making expenditures in support for or in opposition to measures which identifiable; or (2) any political committee which accepts only contributions and/or makes only expenditures in assisting identifiable office-holders. Parameters for these specific purpose committees were quite rigid. All contributions by specific purpose committees to office-seekers were required to be shown on expense statements by said office-seekers.

General purpose political committees, another type of political committee, may be defined as: (1) any political committee which accepts contributions and/or makes expenditures in support for or in opposition to candidates who are indefinite in indentity or for whom the office(s) to be sought are unknown and any political committee which accepts contributions and/or makes expenditures in support for or in opposition to measures which are indefinite in identity; or (2) any political committee which accepts contributions and/or makes expenditures in assisting office-holders, who are not identified. Guidelines established for general purpose committees allowed for funding to candidates which did not have to be reflected on their expense statements.

These filings were originally administered by the Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing. (V.T.C.A., Elections Code, Title 15, Chapter 251; also V.T.C.A., Government Code, Section 571.061)

From the guide to the Political action committee campaign contribution and expense statements (part I), 1973-1983, 1985-1989, (Repository Unknown)

A code of ethics for state officers and employees in Texas was created in 1957 by House Bill 3, 55th Texas Legislature, Regular Session. This legislation set forth standards of conduct for state officers and employees regarding possible conflicts of interest between their private interests and official duties. An individual having controlling interest in a business entity under state regulation was required to file an affidavit with the Secretary of State disclosing such interest.

A stock fraud scandal involving several state officials, including the Speaker of the House, was uncovered in 1971, leading to a demand for tougher and more comprehensive ethics legislation. During the 1971 legislative session the 62nd Texas Legislature passed a new ethics law, House Bill 203, which called for more comprehensive financial disclosures and for the filing of these statements by all elected and appointed state officials, and any state or legislative employees whose salary exceeded $11,000. Few disclosure filings were made under this law as it was declared unconstitutional by the Texas Attorney General in January 1972.

The 63rd Texas Legislature reworked the ethics legislation and passed House Bill 1 in 1973. Under the terms of this legislation annual financial statements are required to be filed by elected officers and candidates, salaried appointed officers, appointed officers of major state agencies, and executive heads of state agencies. These financial disclosures include a listing of assets and liabilities, of all boards of directors that the person serves on, and executive positions held in corporations. These statements also include financial disclosures for the official's spouse and any dependent children over which he has actual control. Appointed officers not required to file these statements still do need to file an affidavit with the Secretary of State if they have, acquire, or divest themselves of substantial interest in a business entity subject to state regulation or a business entity conducting business with any state agency. As with earlier ethics legislation this law sets forth a standards-of-conduct code for state officers and employees. The law requires these files to be open to public inspection for two years. The law also states that the financial statement may be destroyed after the second anniversary of the date the individual ceases to be a state officer, and that on notification from the former state officer the statement must be destroyed.

This filing was originally administered by the Texas Secretary of State's Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing. (V.T.C.A., Government Code, Chapter 572; also Section 571.061)

From the guide to the State officers personal financial statements, 1957-1976, (bulk 1973-1976), (Texas State Archives)

The Texas Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has a wide variety of duties and responsibilities, including the following: authenticating the publication of all laws passed by the state legislature; approving comptroller's accounts against the state prior to payment; maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions; interpreting and enforcing the Texas Election Code, as the state's chief election officer; keeping the Seal of the State of Texas; maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Statutory Filings, Administrative Services, and Information Services.

The Elections Division assists the Secretary of State in interpreting and applying the Election Code and other election laws. The Secretary of State, as Chief Election Officer of the State, has specific functions under the Election Code, which include receiving, examining, and filing the official certified returns of all general elections, special elections for members of the legislature, and constitutional amendment elections.

In 1919 the 36th Legislature, Regular Session passed Senate Bill 120, An Act to prevent the control of Primary Elections by the use of money, and to regulate and limit the expenditure of money to promote or defeat the candidacy of persons for nomination for office in primary elections. By this law (and subsequent laws), candidates for state and district offices must file campaign contribution and expenditure statements with the Secretary of State; candidates for county office must file with the county clerk; and candidates for municipal office (and for other political subdivisions) must file with the clerk or secretary of the municipality or political subdivision. The passage of House Bill 6, 52nd Legislature, Regular Session, 1951, extended this reporting requirement to candidates in all elections, both primary and general. This law was revised by House Bill 4, 63rd Legislature, Regular Session, 1973, the Campaign Reporting and Disclosure Act of 1973.

The Campaign Reporting and Disclosure Act of 1973 required the following things to be reported: full name and complete address of each person or entity from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973; prior to 1973, all contributions and expenditures were reportable by name and address.)

This filing was originally administered by the Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing. (V.T.C.A., Elections Code, Title 15, Chapter 251; also V.T.C.A., Government Code, Section 571.061)

From the guide to the Candidate campaign contribution and expense statements, 1918-1989, (Repository Unknown)