0% found this document useful (0 votes)
100 views38 pages

Texas Ethics Commission: Personal Financial Statement

This document provides instructions for completing the Personal Financial Statement form required by the Texas Ethics Commission. It outlines who is required to file the form, including elected officials, candidates, and certain appointed executive branch officers. It provides guidance on the reporting period covered, filing deadlines, and how to complete each section of the form disclosing sources of income, gifts, real estate holdings, business interests, and other financial information. The document is intended to help those required to file understand and comply with the financial disclosure requirements of Texas law.

Uploaded by

Jorge Garza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
100 views38 pages

Texas Ethics Commission: Personal Financial Statement

This document provides instructions for completing the Personal Financial Statement form required by the Texas Ethics Commission. It outlines who is required to file the form, including elected officials, candidates, and certain appointed executive branch officers. It provides guidance on the reporting period covered, filing deadlines, and how to complete each section of the form disclosing sources of income, gifts, real estate holdings, business interests, and other financial information. The document is intended to help those required to file understand and comply with the financial disclosure requirements of Texas law.

Uploaded by

Jorge Garza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 38

TEXAS ETHICS COMMISSION

PERSONAL FINANCIAL STATEMENT

FORM PFS – INSTRUCTION GUIDE

Revised January 1, 2022

Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711


www.ethics.state.tx.us
(512) 463-5800 • TDD (800) 735-2989
Promoting Public Confidence in Government
PERSONAL FINANCIAL STATEMENT
TABLE OF CONTENTS

IMPORTANT UPDATES ............................................................................................................ 3


GENERAL INSTRUCTIONS ..................................................................................................... 3
WHO IS REQUIRED TO FILE? ................................................................................................ 4
COMPLETING THE FORM ...................................................................................................... 6
WHAT NOT TO INCLUDE ...................................................................................................... 7
PERIOD COVERED .................................................................................................................. 7
SUBSTITUTION OF FORMS ................................................................................................... 7
FILING DEADLINES ................................................................................................................ 8
TIMELY FILINGS ..................................................................................................................... 8
EXTENSION OF THE APRIL 30TH DEADLINE ..................................................................... 8
LATE FILING PENALTY ......................................................................................................... 9
CHANGES IN INFORMATION ............................................................................................... 9
RECORDS RETENTION ........................................................................................................... 9
COMPLETING FORM PFS ..................................................................................................... 10
COVER SHEET PAGE 1 ......................................................................................................... 10
COVER SHEET PAGE 2 ......................................................................................................... 12
PART 1. SOURCES OF OCCUPATIONAL INCOME AND RETAINERS ....................... 13
PART 1A. SOURCES OF OCCUPATION INCOME ............................................................. 13
PART 1B. RETAINERS ........................................................................................................... 13
PART 2. STOCK......................................................................................................................... 15
PART 3. BONDS, NOTES, AND OTHER COMMERCIAL PAPER ................................... 16
PART 4. MUTUAL FUNDS....................................................................................................... 17
PART 5. INCOME FROM INTEREST, DIVIDENDS, ROYALTIES, AND RENTS ........ 18
PART 6. PERSONAL NOTES AND LEASE AGREEMENTS ............................................. 19
PART 7. INTERESTS IN REAL PROPERTY AND BUSINESS ENTITIES ...................... 20
PART 7A. INTERESTS IN REAL PROPERTY ..................................................................... 20
PART 7B. INTERESTS IN BUSINESS ENTITIES ................................................................ 20
PART 8. GIFTS ........................................................................................................................... 22
PART 9. TRUST INCOME ....................................................................................................... 23
PART 10. BLIND TRUSTS ....................................................................................................... 24
Part 10A. BLIND TRUSTS ...................................................................................................... 24
PART 11. OWNERSHIP, ASSETS, AND LIABILITIES OF BUSINESS ASSOCIATIONS
....................................................................................................................................................... 26
PART 11A. OWNERSHIP OF BUSINESS ASSOCIATIONS ............................................... 26
PART 11B. ASSETS OF BUSINESS ASSOCIATIONS ........................................................ 26
PART 12. BOARDS AND EXECUTIVE POSITIONS ........................................................... 28
PART 13. EXPENSES ACCEPTED UNDER HONORARIUM EXCEPTION ................... 29
PART 14. INTEREST IN BUSINESS IN COMMON WITH A LOBBYIST ....................... 30
Part 15. FEES RECEIVED FOR SERVICES RENDERED TO A LOBBYIST OR
LOBBYIST’S EMPLOYER ...................................................................................................... 31
PART 16. REPRESENTATION BY LEGISLATOR BEFORE STATE AGENCY ............ 32
PART 17. BENEFITS DERIVED FROM FUNCTIONS HONORING PUBLIC SERVANT
....................................................................................................................................................... 33
PART 18. LEGISLATIVE CONTINUANCES ........................................................................ 34
PART 19. CONTRACTS TO SELL GOODS OR SERVICES TO A GOVERNMENTAL
ENTITY OR GOVERNMENTAL ENTITY CONTRACTOR .............................................. 35
PART 20. BOND COUNSEL SERVICES PROVIDED BY A LEGISLATOR ................... 37
PERSONAL FINANCIAL STATEMENT SIGNATURE PAGE .......................................... 38
IMPORTANT UPDATES
Increased Disclosure Thresholds

On January 1, 2020, the Texas Ethics Commission began adjusting certain reporting thresholds
to account for inflation. As directed by section 571.064 of the Texas Election Code, the
Commission is required to annually adjust these thresholds upward to the nearest multiple of $10
in accordance with the percentage increase for the previous year in the Consumer Price Index for
Urban Consumers published by the Bureau of Labor Statistics of the United States Department
of Labor. Accordingly, one or more thresholds will generally be adjusted each year, depending
upon the figures in the index.

These changes will be made effective January 1st of each calendar year; the affected numbers and
corresponding new thresholds are located in 1 T.A.C. §18.31, which can be found here:
https://www.ethics.state.tx.us/rules/. The higher itemization thresholds will be reflected on the
paper forms and in these instructions, as applicable.

Please verify that you are using the correct thresholds and forms that apply to your filing. For
example, if you are filing a campaign finance report or lobby activities report that is due in
January of 2021, you must use the forms and instructions that are applicable to the period ending
December 31, 2020.

GENERAL INSTRUCTIONS
Every “state officer,” as defined by chapter 572 of the Government Code, and the state chair of
each political party, must file an annual personal financial statement with the Texas Ethics
Commission (”Commission”). The requirement extends to each person who served as a state
officer for any part of the period beginning January 1 of the year the statement is due and ending
April 30.

Please note that an appointed or elected officer continues to serve as a state officer until his or
her successor has qualified for office. For example, a person who resigned or whose term
ended in November of one year will need to file a personal financial statement covering that year
if the person was not replaced until January of the following year or later. However, if you are an
appointed officer, as defined by section 572.002 of the Government Code, you are not required
to file a personal financial statement if the following criteria are met before January 1 of the year
the statement is due: (1) your term expired, you resigned, your agency was abolished, or your
agency functions were transferred to another agency; and (2) you ceased to participate in the
state agency’s functions. If your term expired or if you resigned, you are required to provide
written notice of your intent to not participate in the agency’s functions to the Office of the
Governor and to the Commission.

Every candidate for one of the elective public offices listed in chapter 572 must also file a
personal financial statement with the Commission prior to the primary election date. Please see
FILING DEADLINES in this guide or the filing schedule on the Commission’s website for the
filing deadline. In addition, certain local candidates and officeholders may be required to file a
personal financial statement, using this form, with a local filing authority under chapter 159 of
the Local Government Code.

If you have questions about whether you are required to file this form, please visit our website at
www.ethics.state.tx.us. The website also provides access to chapter 572 of the Government Code,
Commission rules, filing schedules, and personal financial statement brochures.
Form PFS – Instruction Guide

The Commission also provides information about whether a public servant is permitted to accept
gifts or other benefits under the Penal Code or lobby law. Disclosing an impermissible benefit
does not legalize its acceptance.

WHO IS REQUIRED TO FILE?

Chapter 572, Government Code. The following individuals are required to file a personal
financial statement with the Commission under chapter 572 of the Government Code:

 Appointed officers of executive branch state agencies;

 Executive heads of state agencies;

 Board members and executive heads of river authorities;

 Officeholders in and candidates for the following offices:

1. Member of the Texas Legislature;

2. Statewide elected officer;

3. Justice of a court of appeals;

4. District judge;

5. District or criminal district attorney; and

6. Member of the State Board of Education;

 Former or retired judges sitting by assignment1; and

 State chair of any political party receiving more than two percent of the vote for governor
in the most recent general election.

Chapter 159, Local Government Code (Statutory County Court/Probate Court Judges).
Chapter 159, Local Government Code, requires statutory county court and statutory probate
court judges and judicial candidates for those offices to file a personal financial statement with
either the county clerk or the Commission. A filer who chooses to file with the Commission must
notify the county clerk of the decision to file with the Commission on or before the deadline for
filing the personal financial statement. Local Gov’t Code § 159.052(b). A filer who chooses to
file with the Commission may be subject to a $500 late filing penalty if the report is filed after
the deadline.

Other Local Filers. Other local officers, candidates, or even employees may also be required to
file a personal financial statement with a local filing authority. Some of those filing authorities
may choose to use the Commission Form PFS-LOCAL (for individuals who file with a local
filing authority). Consult chapter 159 of the Local Government Code for additional information.

1
A former or retired judge who sits by assignment at the district court level or above must complete a personal
financial statement. Attorney General Opinion H-526 (1975).

Texas Ethics Commission Page 4 Revised 1/1/2022


Form PFS – Instruction Guide

Section 11.064, Education Code (School Board Trustees). The board of trustees in ANY
independent school district may adopt a resolution requiring members of the board of trustees to
file personal financial statements. The commissioner of education may also require members of
the board of trustees of an independent school district to file personal financial statements in
specified circumstances. A personal financial statement required to be filed under this section
must be filed with the board of trustees AND with the Commission.

Municipalities with Populations of 100,000 or More. The mayor, members of the governing
body, the municipal attorney, and the city manager of municipalities with a population of
100,000 or more are required to file personal financial statements with the clerk or secretary of
the municipality. The Commission does not have jurisdiction over this filing requirement. See
chapter 145 of the Local Government Code for additional information.

Sport and Community Venue Districts. Directors of sports and community venue districts may
be required to file personal financial statements with the board of directors of the district and
with the Commission. Consult Sections 335.102 and 335.1085 of the Local Government Code
for additional information. Note that the requirement to file a personal financial statement applies
only to directors of districts located in a county with a population of 2.4 million or more.

Texas Ethics Commission Page 5 Revised 1/1/2022


Form PFS – Instruction Guide

COMPLETING THE FORM


Elected Officeholders and Candidates for Elected Office: Under state law, a personal
financial statement (PFS) filed with the Commission by an elected officeholder, a candidate for
an elected office, or a state party chair must be filed electronically. A Filer ID is needed to file a
PFS electronically. You can contact the Commission to obtain a Filer ID to access the electronic
filing application. Go to www.ethics.state.tx.us/filinginfo/pfs/ to file the report electronically.

Individuals Appointed to Office: Under new state law effective May 29, 2017, a PFS filed with
the Commission by an appointed officer may be filed electronically using the online filing
application or on paper. The Commission strongly recommends that you file the PFS
electronically. Go to www.ethics.state.tx.us/filinginfo/pfs/pfsforms_Benefit.php to see some of the
benefits to electronic filing. Appointed officers who have the option to file on paper include:

 the secretary of state;

 an individual appointed with the advice and consent of the senate to the governing board
of a state-supported institution of higher education;

 an officer of a state agency who is appointed for a term of office specified by the Texas
Constitution or a statute of this state;

 a director, executive director, commissioner, administrator, chief clerk, or other individual


who is appointed by the governing body or highest officer of the state agency;

 the chancellor or highest executive officer of a university system and the president of a
public senior college or university as defined by Section 61.003, Educ. Code;

 a former or retired judge who sits by assignment at the district court level; and

 an individual appointed to fill a vacancy in an elected office.

Note: A person who is required to file a PFS with the Commission as a candidate for office or as
an elected official does not have the option to file a PFS on paper.

Local Filers: If you are filing a PFS with a local filing authority, you must ensure that the PFS is
in the proper format required by the local filing authority.

All forms filed on paper must be either typewritten or legibly hand-printed in ink. If requested
information is not applicable to your activities, indicate that on page 2 of the Cover Sheet. A
complete statement consists of the Cover Sheet and parts of the form on which you have
information to report. Every part of the form should either be completed or marked “not
applicable” on page 2 of the Cover Sheet.

Complete Form PFS by using one of the following methods:

1. PFS Online Electronic Filing Application: Go to www.ethics.state.tx.us/filinginfo/pfs/ to


file the PFS electronically with the Commission; or

Texas Ethics Commission Page 6 Revised 1/1/2022


Form PFS – Instruction Guide

2. Blank Fillable Form PFS and Instructions: Complete either Form PFS-TEC (for individuals
who file with the Commission) on your computer by going to
www.ethics.state.tx.us/forms/pfs/pfsfrm_TEC.php or Form PFS-LOCAL (for individuals
who file with a local filing authority) on your computer by going to
www.ethics.state.tx.us/forms/pfs/pfsfrm-LOC.php to access a fillable Form PFS without
using the PFS filing application. The PFS Instructions are also available on this webpage.
Once you complete the applicable form, you must print it out, sign it, have it notarized or
complete the unsworn declaration, and deliver it to the proper filing authority; or

3. Paper Form PFS and Instructions: Complete either the Form PFS-TEC (for individuals who
file with the Commission) by going to www.ethics.state.tx.us/forms/pfs/pfsfrm-TEC.php or
the Form PFS-LOCAL (for individuals who file with a local filing authority) by going to
www.ethics.state.tx.us/forms/pfs/pfsfrm-LOC.php to access the applicable paper Form PFS.
The PFS Instructions are also available on this webpage. Once you print and complete the
applicable form, you must sign it, have it notarized or complete the unsworn declaration,
and deliver it to the proper filing authority.

WHAT NOT TO INCLUDE

Please note that personal financial statements are public records. Do not include unrequired
information that is confidential or proprietary, such as your social security number, driver’s
license number, financial account numbers, or copies of your tax returns.

PERIOD COVERED

In most cases, the personal financial statement covers activity for the entire calendar year
preceding the year the statement is due. For example, a personal financial statement due in 2021
covers activity occurring between and including January 1 and December 31, 2020.

New Appointees. An appointed salaried officer, appointee filling a vacancy in elective office,
appointee of a major state agency, or the executive head of a state agency must file a personal
financial statement during the first year of his or her appointment. For these newly appointed
officers, the period covered by the first required personal financial statement is determined by
the date the officer is appointed to the office. A new appointee’s first personal financial
statement cover the entire calendar year preceding the year of appointment rather than
preceding the year the statement is due. For example, a person appointed to serve on a board of a
major state agency effective December 15, 2019, is required to file a personal financial statement
due January 14, 2020. This personal financial statement covers activity occurring between and
including January 1 and December 31, 2018. Other new appointees, such as appointees to non-
major state agencies, will file a personal financial statement on the April 30 deadline. The
personal financial statement will cover activity for the entire calendar year preceding the year the
statement is due.

Please contact the Commission for further information if you have questions about the period
covered by a personal financial statement.

SUBSTITUTION OF FORMS

If you are filing with the Commission, and you are eligible to claim an exemption to electronic
filing, you may use your own computer-generated form if it provides for disclosure of all the

Texas Ethics Commission Page 7 Revised 1/1/2022


Form PFS – Instruction Guide

information required on the Commission’s form and it is substantially identical in paper size,
color, layout, and format. A substitute form that is substantially identical to the Commission’s
prescribed form must be submitted for pre-approval by the Commission’s executive director.

FILING DEADLINES

Annual Statement. The regular filing deadline for the annual personal financial statement is
April 30 for non-candidates.

Candidate Statement. A partisan or independent candidate for elective office who is required to
file a personal financial statement must file it no later than the 60th day after the date of the
regular filing deadline for filing an application to be on the ballot in the general primary election.
The deadline applies whether or not the candidate runs in a primary election.

Others. All other individuals required to file the personal financial statement (such as appointed
officers and executive directors filing for the first time) should contact the Commission for
further information about the applicable filing deadline.

TIMELY FILINGS

Electronic reports must be filed by midnight, Central Time Zone, on the night of the filing
deadline.

A personal financial statement filed on paper with the proper filing authority by first-class United
States mail or by common or contract carrier is timely filed if:

(1) it is properly addressed with postage or handling charges prepaid; and

(2) it bears a post office cancellation mark or a receipt mark from a common or contract carrier
indicating it was sent on or before the deadline, or if the filer furnishes satisfactory proof
that it was deposited in the mail or with a common or contract carrier on or before the
deadline.

A hand-delivered statement is timely filed if it is delivered to the proper filing authority by 5:00
p.m. on the deadline date.

Note: A person who is required to file a PFS with the Commission as a candidate for office or as
an elected official does not have the option to file a PFS on paper.

EXTENSION OF THE APRIL 30TH DEADLINE

A state officer filing the annual personal financial statement due April 30 may request a 60-day
extension of the filing deadline. The executive director of the Commission shall grant such a
request if the request is made on or before the regular deadline. A statutory county court or
probate court judge is also eligible for a 60-day extension of the April 30 deadline if the judge
requests the extension on or before the regular filing deadline. Extensions may not be granted
for any other personal financial statement filing deadline, such as the deadline for candidates
or newly-appointed board members.

Texas Ethics Commission Page 8 Revised 1/1/2022


Form PFS – Instruction Guide

LATE FILING PENALTY

An individual who files the personal financial statement with the Commission may be assessed a
$500 late filing penalty if the personal financial statement is not filed by the deadline. If the
statement is more than 30 days late, the Commission may increase the penalty to an amount not
to exceed $10,000.

CHANGES IN INFORMATION

If you discover after the filing deadline that the personal financial statement you filed was
incorrect or incomplete, you must file a corrected financial statement. Please contact the
Commission for additional information.

RECORDS RETENTION

The Commission recommends that you retain a copy of a filed financial disclosure statement and
the supporting documentation for at least two years after the deadline for filing the statement. See
Tex. Ethics Comm’n Op. No. 236 (1994).

Texas Ethics Commission Page 9 Revised 1/1/2022


Form PFS – Instruction Guide

COMPLETING FORM PFS


Use Form PFS-TEC if you are filing this personal financial statement with the Commission.

Use Form PFS-LOCAL if you are filing this personal financial statement with a filing authority
other than the Commission.

COVER SHEET PAGE 1

1. Name: List your name.

2. Address: List the address at which you would like to receive communications from this office,
such as notices of your filing requirements.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

3. Telephone Number: List a telephone number at which you can be reached during regular
business hours.

4. Reason for filing statement: Check the appropriate box to indicate the capacity in which you
are filing this personal financial statement. Generally, if you file in more than one capacity,
you will check all applicable boxes. You are only required to file one personal financial
statement for the same calendar year, even if you fit within more than one category.

Form PFS-LOCAL:

Candidate: If you are a candidate for an elected office, check this box and indicate
which office you seek. Identify the office completely, including the district or place
name, if applicable. See Who Is Required to File? under the GENERAL
INSTRUCTIONS of this guide for a list of the applicable offices.

Elected Officer: If you are an elected officeholder, check this box and indicate which
office you hold. Identify the office completely, including the district or place name, if
applicable. See Who Is Required to File? under the GENERAL INSTRUCTIONS of this
guide for a list of the applicable offices

Example: Frank is running for mayor. He should check the “Candidate” box and
write “Mayor” to indicate the office he seeks. Jane is the Smallville city council
member for District 1. She should check the “Elected Officer” box and write
“Smallville City Council District 1.”

Other: If you are filing because you hold a position other than one of the positions listed
above, check “Other” and describe the position.

See the GENERAL INSTRUCTIONS of this guide for detailed information about who is
required to file a personal financial statement.

Texas Ethics Commission Page 10 Revised 1/1/2022


Form PFS – Instruction Guide

Form PFS-TEC:

Candidate: If you are a candidate for an elected office, check this box and indicate
which office you seek. Identify the office complete, including the district or place name,
if applicable. See Who Is Required to File? under the GENERAL INSTRUCTIONS of
this guide for a list of the applicable offices.

Elected Officer: If you are an elected officeholder, check this box and indicate which
office you hold. Identify the office completely, including the district or place name, if
applicable. See Who Is Required to File? under the GENERAL INSTRUCTIONS of this
guide for a list of the applicable offices.

Example: Frank is running for judge in the 560th Judicial District. He should check
the “Candidate” box and write “Judge, 560th District” to indicate the office he seeks.
Jane is the judge for Mars County Court at Law Number 2. She should check the
“Elected Officer” box and write “Mars County Court at Law No. 2.”

Appointed Officer: If you are an appointed officeholder of a state agency, check this
box and indicate the agency.

Executive Head: If you are the executive head of a state agency, check this box and
indicate the agency.

Note: “State Agency” is defined as:

(A) a department, commission, board, office, or other agency that:

(i) is in the executive branch of state government;

(ii) has authority that is not limited to a geographical portion of the state; and

(iii)was created by the Texas Constitution or a statute of this state;

(B) a university system or an institution of higher education as defined by Section


61.003, Education Code, other than a public junior college; or

(C) a river authority created under the Texas Constitution or a statute of this state.

Tex. Gov’t Code § 572.002(10).

Former or Retired Judge Sitting by Assignment: If you are a former or retired judge
who sits by assignment at the district court level or above, check this box.

State Party Chair: If you are a state party chair, check this box and indicate the party.

Other: If you are filing because you hold a position other than one of the positions listed
above, check “Other” and describe the position.

Texas Ethics Commission Page 11 Revised 1/1/2022


Form PFS – Instruction Guide

See the GENERAL INSTRUCTIONS of this guide for detailed information about who is
required to file a personal financial statement.

5. Names of Family Members Who Financial Activity You are Reporting: In Parts 1
through 14, you are required to disclose financial activity in which you have an ownership
interest (e.g., community property). You are also required to disclose the separate financial
activity (e.g., separate property) of your spouse or a dependent child if you had actual control
over that financial activity, notwithstanding a partition agreement. See 1 Tex. Admin. Code
§ 40.2.

Spouse. If you are reporting any financial activity for your spouse on this financial statement,
enter your spouse’s full name here.

Dependent Child. If you are reporting any financial activity for a dependent child on this
financial statement, enter the child’s full name here. If you are reporting information about
more than one dependent child, please list the children separately on the appropriate lines. If
you are not reporting financial activity for a dependent child, do not enter that child’s name
on this form. A child (including an adopted child or a step-child) is considered a dependent if
you provided more than 50 percent of the child’s support during a calendar year. Note:
Statutory county court or probate court judges may request in writing that the names of
dependent children listed on Form PFS be deleted before the form is made available to the
public.

COVER SHEET PAGE 2

6. Parts Not Applicable: Check the appropriate boxes to indicate which parts of the form are
not applicable to you. If the box for a part is checked, then no pages for that part should be
included in the filed report. If the box is not checked, then pages for that part must be
included in the report.

FINANCIAL ACTIVITY

In Parts 1 through 18, you will disclose information about your financial activity during the
preceding calendar year. In Parts 1 through 14, you are required to disclose financial activity in
which you have an ownership interest (e.g., community property). You are also required to
disclose the separate financial activity (e.g., separate property) of your spouse or a dependent
child if you had actual control over that financial activity, notwithstanding a partition agreement.
See 1 Tex. Admin Code § 40.2. When reporting information about a dependent child’s activity in
Parts 1 through 14, indicate the child about whom you are reporting by providing the number
under which the child is listed on the Cover Sheet under item 5.

Texas Ethics Commission Page 12 Revised 1/1/2022


Form PFS – Instruction Guide

PART 1. SOURCES OF OCCUPATIONAL INCOME AND RETAINERS


PART 1A. SOURCES OF OCCUPATIONAL INCOME

Complete a block for each source of occupational income. Occupational income refers to income
derived from current occupational activity rather than income received as a person or from a
retirement plan associated with past occupational activity. Information about retirement funds or
income may be reportable under some other category. See Tex. Ethics Comm’n Op. No. 392
(1998). If the requested information is not applicable, indicate that on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Information relates to: Check the appropriate box indicating whether the source relates to
you, your spouse, or a dependent child.

2. Employment: Check the appropriate box indicating whether the individual the information
relates to is employed by another or self-employed.

Employed by Another. If the individual is employed by another, provide the name and address
of the employer and the position held.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

Self-Employed. If the individual is self-employed, report the nature of the occupation, e.g.,
attorney, carpenter, etc.

PART 1B. RETAINERS

This section asks for information about fees received by you, your spouse, or a dependent child,
or received by a business in which you, your spouse, or a dependent child have a “substantial
interest,” (see below) as a retainer for a claim on future services in case of need, rather than fees
for services on a matter specified at the time of contracting for or receiving the fee. Report such
retainers only in cases in which the value of the amount of work actually performed during the
calendar year did not equal or exceed the value of the retainer. If the requested information is not
applicable, indicate that on page 2 of the Cover Sheet.

Example: Last year you received a retainer for $15,000 for consulting services in case of need.
You ended up proving $5,000 worth of services during the calendar year. You should report the
entire $15,000 retainer on this year’s financial statement, which covers last year’s activity.

Substantial Interest. An individual has a substantial interest in a business entity if the


individual:

(1) has a controlling interest in the business entity;

(2) owns more than 10 percent of the voting interest in the business entity;

(3) owns more than $46,580 of the fair market value of the business entity;

Texas Ethics Commission Page 13 Revised 1/1/2022


Form PFS – Instruction Guide

(4) has a direct or indirect participating interest by shares, stocks, or otherwise, regardless of
whether voting rights are included, in more than 10 percent of the profits, proceeds, or
capital gains of the business entity;

(5) is a member of the board of trustees or other governing board of the business entity;

(6) serves as an elected officer of the business entity; or

(7) is an employee of the business entity.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Fee Received from: Provide the name and address of the individual or entity from whom the
fee was received.

2. Fee Received by: Check the appropriate box indicating whether the fee was received by you,
your spouse, or a dependent child. If the fee was received by a business, provide the name of
the business.

3. Fee Amount: Check the appropriate fee category for the amount received.

Texas Ethics Commission Page 14 Revised 1/1/2022


Form PFS – Instruction Guide

PART 2. STOCK
This section is for information about business entities in which you, your spouse, or a dependent
child held or acquired stock. Complete a separate block for each entity in which stock was held
or acquired. If stocks are held in a managed investment account for which the filer does not make
investment decisions but where the filer retains ownership of the individual stocks in the
account, the filer is still required to disclose the individual stocks held in the account. See Tex.
Ethics Comm’n Op. No. 326 (1996). However, if the stocks are held in a fund, of which the filer
owns shares of the fund, the filer is required to report only the ownership of the Fund (see Part 4,
Mutual Funds). Id. If the requested information is not applicable, indicate that on page 2 of the
Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Business Entity: Enter the name of the business entity in which the stock was held or
acquired.

2. Stock Held or Acquired by: Check the appropriate box indicating whether the stock was
held or acquired by you, your spouse, or a dependent child.

3. Number of Shares: If the number of shares held or acquired fluctuated during the year,
indicate the category for the greatest number of shares held or acquired during the year.

4. If Sold: Complete this section if you sold any of the indicated stock during the year. Check
whether the sale resulted in a net gain or a net loss and indicate the amount of the net gain or
net loss by checking the appropriate monetary category. If you had several transactions
involving stock of a particular entity, indicate the net gain or net loss resulting from those
transactions for the year. You do not have to show the net gain or net loss from each sale of
stock in the same business entity.

Texas Ethics Commission Page 15 Revised 1/1/2022


Form PFS – Instruction Guide

PART 3. BONDS, NOTES, AND OTHER COMMERCIAL PAPER


This section is for information about bonds, notes, and other commercial paper held or acquired
by you, your spouse, or a dependent child. Complete a separate block for each bond, note, or
other commercial instrument held or acquired. If the requested information is not applicable,
indicate that in page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Description of Instrument: Briefly describe the instrument.

Commercial Paper. Commercial paper includes any type of negotiable instrument, such as
certificates of deposit (CDs), money market certificates, treasury bills, or bills of exchange.

2. Held or Acquired by: Check the appropriate box indicating whether the instrument was held
or acquired by you, your spouse, or a dependent child.

3. If Sold: Complete this section if you sold any of the instruments during the year. Check
whether the sale resulted in a net gain or a net loss and indicate the amount of the net gain or
net loss by checking the appropriate monetary category.

Texas Ethics Commission Page 16 Revised 1/1/2022


Form PFS – Instruction Guide

PART 4. MUTUAL FUNDS


This section is for information about shares of mutual funds held or acquired by you, your
spouse, or a dependent child. Complete a separate block for each mutual fund in which shares
were held or acquired. If you are disclosing ownership of a mutual fund, you are not also
required to disclose ownership of the stocks contained in the fund on Part 3, Stocks. See Tex.
Ethics Comm’n Op. No. 326 (1996). If the requested information is not applicable, indicate that
on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Mutual Fund: Enter the name of the mutual fund in which shares were held or acquired.

2. Shares of Mutual Funds Held or Acquired by: Check the appropriate box indicating
whether the shares in the mutual fund were held or acquired by you, your spouse, or a
dependent child.

3. Number of Shares of Mutual Fund: If the number of shares held or acquired fluctuated
during the year, indicate the category for the greatest number of shares held or acquired
during the year.

4. If Sold: Complete this section if you sold any of the indicated shares of the mutual fund
during the year. Check whether the sale resulted in a net gain or a net loss and indicate the
amount of the net gain or net loss by checking the appropriate monetary category. If you had
several transactions involving shares of the mutual fund, indicated the net gain or net loss
resulting from those transactions for the year. You do not have to show the net gain or net
loss from each sale of shares of the mutual fund.

Texas Ethics Commission Page 17 Revised 1/1/2022


Form PFS – Instruction Guide

PART 5. INCOME FROM INTEREST, DIVIDENDS, ROYALTIES, AND


RENTS
If you, your spouse, or a dependent child received more than $930 from any source in interest,
dividend, royalty, or rent income, identify the source of the income and the category of the
amount received. Complete a separate block for each source of interest, dividend, royalty, or rent
income. If the requested information is not applicable, indicate that on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Source of Income: Provide the name and address of the source of income. If the source of
income is a publicly traded corporation, an address is not required (for Part 5 only). If the
source of income is a publicly traded corporation, check the “Publicly held corporation” box,
and do not include the address. If the source of income is not a publicly traded corporation,
you must include the address.

2. Received by: Check the appropriate box indicating whether the income was received by you,
your spouse, or a dependent child.

3. Amount: Check the appropriate monetary category for the amount received.

Texas Ethics Commission Page 18 Revised 1/1/2022


Form PFS – Instruction Guide

PART 6. PERSONAL NOTES AND LEASE AGREEMENTS


Complete this section if at any time during the year you, your spouse, or a dependent child owed
a financial obligation in excess of $1,860 to a person or financial institution on a personal note or
notes or a lease agreement. Complete a separate block for each person or institution holding a
personal note or lease agreement covered by this section. If the requested information is not
applicable, indicate that on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Person or Institution Holding Note or Lease Agreement: Identify the person or institution
(for example, “Zebu National Bank”, “Echidna Mortgage Company”) holding the personal
note or lease agreement on which you, your spouse, or a dependent child owed the
obligation.

2. Liability of: Check the appropriate box indicating whether the personal note or lease
agreement is the liability of you, your spouse, or a dependent child.

3. Guarantor: If the obligation was a loan, identify the guarantor of the loan, if any.

4. Amount: Check the appropriate monetary category for the amount of the liability. If the
amount of the liability fluctuated throughout the year, select the category that represents the
highest balance at any point throughout the year.

Texas Ethics Commission Page 19 Revised 1/1/2022


Form PFS – Instruction Guide

PART 7. INTERESTS IN REAL PROPERTY AND BUSINESS ENTITIES


This section is for reporting beneficial interests held or acquired in real property and business
entities. Part 7A pertains to interest in real property and Part 7B pertains to interest in business
entities. Refer to the following definitions when completing both Parts 7A and 7B. If the
requested information is not applicable, indicate that on page 2 of the Cover Sheet.

Beneficial Interest. A beneficial interest may be either legal or equitable title (such as when a
creditor takes the legal title as security for the repayment of a debt). Report items held by a trust
of which you are a beneficiary under Part 9 rather than under this section.

Business Entity. “Business entity” means a sole proprietorship, partnership, firm, corporation,
holding company, joint stock company, receivership, trust, or any other entity recognized by law
through which business for profit is conducted.

PART 7A. INTERESTS IN REAL PROPERTY

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Held or Acquired by: Check the appropriate box indicating whether the interest is held or
acquired by you, your spouse, or a dependent child.

2. Street Address: Enter the street address of the real property, if applicable, and include the
city, county, and state where the real property is located.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

3. Description: Check whether the real property consists of lots or acres. Provide the number of
lots or acres, as applicable, and the name of each county in which the lots or acres are
located.

If the real property is identifiable by a street address, you may provide that information in Item 3
of this part in lieu of filling out this item.

4. Names of Persons Retaining an Interest: List the names of any persons retaining an
interest in the real property other than you, your spouse, or a dependent child. The
requirement to list the names of persons retaining an interest in real property does not apply
to a severed mineral interest.

Example: If you own a house and make mortgage payments, you would list the house in this
section and list the mortgage holder as another person retaining an interest in the property.

5. If Sold: Complete this item only if you sold the interest during the year. Check whether the
sale resulted in a net gain or a net loss and indicate the amount of the net gain or net loss by
checking the appropriate monetary category.

PART 7B. INTERESTS IN BUSINESS ENTITIES

Each numbered item in these instructions corresponds to the same numbered item on the form.

Texas Ethics Commission Page 20 Revised 1/1/2022


Form PFS – Instruction Guide

1. Held or Acquired by: Check the appropriate box indicating whether the interest is held or
acquired by you, your spouse, or a dependent child.

2. Description: Provide the name and address of the business entity.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

3. If Sold: Complete this item only if you sold the interest during the year. Check whether the
sale resulted in a net gain or a net loss and indicate the amount of the net gain or net loss by
checking the appropriate monetary category.

Texas Ethics Commission Page 21 Revised 1/1/2022


Form PFS – Instruction Guide

PART 8. GIFTS
This section is for reporting gifts worth more than $470 received by you, your spouse, or a
dependent child, other than 1) a gift required to be reported by a lobbyist as a lobby expenditure,
2) a political contribution, or 3) a gift from a person related to you within the second degree by
consanguinity or affinity. The term “gift” in Government Code section 572.023(b)(7) is broader
than the term “gift” in Penal Code chapter 36 (bribery and gift laws) or in Government Code
chapter 305 (lobby law). See Tex. Ethics Comm’n Op. No. 71 (1992). Some examples of gifts
that may require disclosure include a reception to honor a state officer (see Tex. Ethics Comm’n
Op. No. 415 (1999)), items of value provided to an officer at a charitable fundraiser (see Tex.
Ethics Comm’n Op. No. 71 (1992)), gifts to a state officer’s child for a birthday, bar or bat
mitzvah, quinceañera, or christening (see Tex. Ethics Comm’n Op. No. 421 (1999)), and waiver
of a symposium fee (see Tex. Ethics Comm’n Op. No. 29 (1992)), but not provision of facilities
for use by a state officer’s child for an event that is a required part of a school-sponsored activity
(see Tex. Ethics Comm’n Op. No. 428 (2000)). If the requested information is not applicable,
indicated that on page 2 of the Cover Sheet.

Gifts from Relatives. A parent, child, brother, sister, grandparent, or grandchild is related to you
within the second degree by consanguinity. Individuals related to you within the second degree
by affinity include the spouse of anyone related to you within the second degree by
consanguinity, and anyone related to your spouse within the second degree by consanguinity.
You are not required to report gifts from these individuals.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Donor: Provide the name and address of the person or organization giving the gift.

2. Recipient: Check the appropriate box indicating whether the gift was given to you, your
spouse, or a dependent child. If the gift was given to more than one person, check as many
boxes as apply.

3. Description: Describe the gift. The description of a gift of cash or a cash equivalent, such as
a negotiable instrument or gift certificate, must include a statement of the value of the gift.

Texas Ethics Commission Page 22 Revised 1/1/2022


Form PFS – Instruction Guide

PART 9. TRUST INCOME


Complete this section if any income was received as a beneficiary of a trust, other than a blind
trust, the definition of which is included in Part 10A of these instructions. Identify the trust by
name and indicate the category of the amount received. If the requested information is not
applicable, indicate that on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Source: Provide the name of the trust.

2. Beneficiary: Check the appropriate box indicating whether you, your spouse, or a dependent
child is the beneficiary of the trust.

3. Income: Check the appropriate monetary category to indicate the amount of income received
by the beneficiary.

4. Assets: Identify each asset of the trust from which more than $930 in income was received, if
you know the identity of the asset. Accordingly, you are not required to identify the assets of
a blind trust.

Texas Ethics Commission Page 23 Revised 1/1/2022


Form PFS – Instruction Guide

PART 10. BLIND TRUSTS


This section is for reporting each blind trust, as defined by section 572.023(c) of the Government
Code, in which you, your spouse, or a dependent child is a beneficiary. If the requested
information is not applicable, indicate that on page 2 of the Cover Sheet for Part 10A and Part
10B.

PART 10A. BLIND TRUSTS

Section 572.023(c), Government Code. A blind trust is a trust as to which:

(1) the trustee:

(A) is a disinterested party;

(B) is not the individual;

(C) is not required to register as a lobbyist under chapter 305 [of the Government Code];

(D) is not a public officer or public employee; and

(E) was not appointed to public office by the individual or by a public officer or public
employee the individual supervises; and

(2) the trustee has complete discretion to manage the trust, including the power to dispose of
an acquire trust assets without consulting or notifying the individual.

You must submit a statement signed by the trustee of each trust listed on this section. See Part
10B for additional information.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Name of Trust: Provide the name of the trust.

2. Trustee: Provide the name and address of the trustee.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

3. Beneficiary: Check the appropriate box indicating whether you, your spouse, or a dependent
child is the beneficiary of the trust.

4. Fair Market Value: Check the appropriate monetary category to indicate the fair market
value of the trust.

5. Date Created: Report the date the trust was created.

PART 10B. TRUSTEE STATEMENT

You must submit with your personal financial statement a statement signed by the trustee of each
blind trust listed on Part 10A.

Texas Ethics Commission Page 24 Revised 1/1/2022


Form PFS – Instruction Guide

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Name of Trust: Provide the name of the trust.

2. Trustee Name: Provide the name of the trustee.

3. Filer on Whose Behalf Statement is Being Filed: Provide the name of the person on whose
behalf the trustee statement is being filed.

4. Trustee Statement: Signature of the trustee.

Texas Ethics Commission Page 25 Revised 1/1/2022


Form PFS – Instruction Guide

PART 11. OWNERSHIP, ASSETS, AND LIABILITIES OF BUSINESS


ASSOCIATIONS
PART 11A. OWNERSHIP OF BUSINESS ASSOCIATIONS

Part 11A is required for a PFS due on or after January 8, 2019.

Complete this section if you, your spouse, or a dependent child held, acquired, or sold 5 percent
or more of the outstanding ownership of a corporation, firm, partnership, limited partnership,
limited liability partnership, professional corporation, professional association, joint venture, or
other business association. Part 11A is separate from Part 11B and Part 11C of the PFS. If the
requested information is not applicable, indicate that on Page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Business Association: Provide the name and address of the business association.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

2. Business Type: State whether the business is a corporation, firm, partnership, limited
partnership, limited liability partnership, professional corporation, professional association,
joint venture, or other business association.

3. Held, Acquired, or Sold by: Check the appropriate box indicating whether the ownership
was held, acquired, or sold by you, your spouse, or a dependent child.

PART 11B. ASSETS OF BUSINESS ASSOCIATIONS

Complete this section if you, your spouse, or a dependent child held, acquired, or sold 50 percent
or more of the outstanding ownership of a corporation, firm, partnership, limited partnership,
limited liability partnership, professional corporation, professional association, joint venture, or
other business association. Part 11B pertains to assets of the corporation or partnership, and Part
11C pertains to liabilities of the corporation or partnership. If the requested information is not
applicable, indicate that on Page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Business Association: Provide the name and address of the business association.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

2. Business Type: State whether the business is a corporation, firm, partnership, limited
partnership, limited liability partnership, professional corporation, professional association,
joint venture, or other business association.

3. Held, Acquired, or Sold by: Check the appropriate box indicating whether the ownership
was held, acquired, or sold by you, your spouse, or a dependent child.

Texas Ethics Commission Page 26 Revised 1/1/2022


Form PFS – Instruction Guide

4. Assets. Describe each asset of each business association and check the appropriate monetary
category.

PART 11C. LIABILITIES OF BUSINESS ASSOCIATIONS

Complete this section if you, your spouse, or a dependent child held, acquired, or sold 50 percent
or more of the outstanding ownership of a corporation, firm, partnership, limited partnership,
limited liability partnership, professional corporation, professional association, joint venture, or
other business association. Part 11C pertains to liabilities of the corporation or partnership, and
Part 11B pertains to assets of the corporation or partnership. If the requested information is not
applicable, indicate that on Page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Business Association: Provide the name and address of the business association.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

2. Business Type: State whether the business is a corporation, firm, partnership, limited
partnership, limited liability partnership, professional corporation, professional association,
joint venture, or other business association.

3. Held, Acquired, or Sold by: Check the appropriate box indicating whether the ownership
was held, acquired, or sold by you, your spouse, or a dependent child.

4. Liabilities. Describe each liability of the business association and check the appropriate
monetary category.

Texas Ethics Commission Page 27 Revised 1/1/2022


Form PFS – Instruction Guide

PART 12. BOARDS AND EXECUTIVE POSITIONS


This section is for information about all boards of directors of which you, your spouse, or a
dependent child are a member and all executive positions held in corporations, firms,
partnerships, limited partnerships, limited liability partnerships, professional corporations,
professional associations, joint ventures, or other business associations or proprietorships. If the
requested information is not applicable, indicate that on Page 2 of the Cover Sheet.

Non-Profits. This section applies to boards of directors and executive positions with non-profit
as well as for-profit entities.

Compensated Service. If you, your spouse, or a dependent child received payment for position
listed in this section, you may also be required to list the entity under Part 1A. SOURCES OF
OCCUPATIONAL INCOME.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Organization: Provide the name of the organization.

2. Position Held: Provide the position held in the organization.

3. Position Held by: Check the appropriate box to indicate whether the position is held by you,
your spouse, or a dependent child.

Texas Ethics Commission Page 28 Revised 1/1/2022


Form PFS – Instruction Guide

PART 13. EXPENSES ACCEPTED UNDER HONORARIUM EXCEPTION


Generally, section 36.07 of the Penal Code prohibits a public servant from accepting an
honorarium in consideration for providing services he or she would not have been asked to
provide but for his or her official position. The provision does not, however, prohibit the
acceptance of necessary transportation, lodging, or meals in connection with a conference or
similar event at which the public servant renders services, such as addressing an audience or
participating in a seminar, that are more than merely perfunctory. If someone provided you with
transportation, meals, or lodging under this provision, identify the donor and provide the amount
of expenditures made. You may have to contact the donor to obtain the amount. If the requested
information is not applicable, indicate that on page 2 of the Cover Sheet.

Political Contributions and Lobby Expenditures. You are not required to list items you or
another candidate have already reported on a campaign finance report or items required to be
reported by a lobbyist as lobby expenditures. See Tex. Ethics Comm’n Op. No. 401 (1998).

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Provider: Provide the name and address of the person making the expenditures.

2. Amount: Provide the amount of the expenditures.

Texas Ethics Commission Page 29 Revised 1/1/2022


Form PFS – Instruction Guide

PART 14. INTEREST IN BUSINESS IN COMMON WITH A LOBBYIST


Complete this section by identifying any corporation, firm, partnership, limited partnership,
limited liability partnership, professional corporation, professional association, joint venture, or
other business association, other than a publicly held corporation, in which both you, your
spouse, or a dependent child, and a person registered as a lobbyist under chapter 305 of the
Government Code, have an interest., If the requested information is not applicable, indicate that
on page 2 of the Cover Sheet.

Interest. Please note that the statute applies if you, your spouse, or a dependent child, and a
lobbyist both have “an interest” in the business. The interest does not have to be a “substantial
interest” as in Part 1B in order to trigger the reporting requirement. Please note that for purposes
of this section, a person who is an employee of a business entity is considered to have an interest
in that business entity.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Business Entity: Provide the name and address of the partnership, joint venture, or other
business association in which you, your spouse, or a dependent child, and a person registered
as a lobbyist have an interest.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

2. Interest Held by: Check the appropriate box to indicate whether you, your spouse, or a
dependent child have an interest with a person registered as a lobbyist.

Texas Ethics Commission Page 30 Revised 1/1/2022


Form PFS – Instruction Guide

PART 15. FEES RECEIVED FOR SERVICES RENDERED TO A


LOBBYIST OR LOBBYIST’S EMPLOYER
If you received a fee for providing services to or on behalf of a person required to be registered
as a lobbyist under chapter 305, Government Code, or for providing services to or on behalf of a
person you actually know directly compensates or reimburses such a person, you must complete
this section by providing the name of the person for whom you provided the services and the
category of the amount of the fee you received. You are not required to disclose in this section
fees received by your spouse for services rendered by your spouse although such fees may be
required to be disclosed in Part 1. See Tex. Ethics Comm’n Op. No. 252 (1995). You are not
required to disclose fees received from a business entity by which you are employed unless the
business entity is merely an alter ego of the state officer. See Tex. Ethics Comm’n Op. No. 333
(1996). If the requested information is not applicable, indicate that on page 2 of the Cover Sheet.

Actual knowledge. You “actually” know that someone directly compensates or reimburses a
person required to be registered as a lobbyist if you personally know that the person does so or
you could readily determine that fact by contacting the person or the Commission. See Tex.
Ethics Comm’n Op. No. 333 (1996).

Disclosing Confidential Information. State officers who are physicians are not required to
include on their financial disclosure reports a patient’s identity because that information in made
confidential by the Medical Practices act. See Tex. Ethics Comm’n Op. No. 21 (1992). The
Commission has declined to extend this exception to accountants who would be reporting
information regulated by the Public Accountancy Act. See Tex. Ethics Comm’n Op. No. 22
(1992) (Public Accountancy Act does not make a client’s identity confidential and therefore does
not conflict with financial disclosure requirements). The Commission has also indicated that this
exception would not be extended to attorneys in cases where disclosing a client’s identity would
not reveal a confidential communication. See id.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Person or Entity for Whom Services Were Provided: Provide the name of the person or
entity.

2. Fee Category: Check the appropriate fee category for the amount received.

Texas Ethics Commission Page 31 Revised 1/1/2022


Form PFS – Instruction Guide

PART 16. REPRESENTATION BY LEGISLATOR BEFORE STATE


AGENCY
This section applies only to members of the Texas Legislature. If you represented a person for
compensation before a state agency in the executive branch, you must provide the name of the
agency, the name of the person represented, and the category of the amount of the fee received
for the representation. If the requested information is not applicable, indicate that on page 2 of
the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. State Agency: Provide the name of the state agency.

2. Person Represented: Provide the name of the person you represented.

3. Fee Category: Check the appropriate fee category for the amount received.

NOTE: Legislators may not, for compensation, represent another person before a state agency in
the executive branch. The prohibition does not apply if:

1. the representation is pursuant to an attorney/client relationship in a criminal law matter;

2. the representation involved the filing of documents that involve only ministerial acts on
the part of the agency; or

3. the representation is in regard to a matter for which the legislator was hired before
September 1, 2003.

Texas Ethics Commission Page 32 Revised 1/1/2022


Form PFS – Instruction Guide

PART 17. BENEFITS DERIVED FROM FUNCTIONS HONORING


PUBLIC SERVANT
Section 36.10 of the Penal Code provides that the gift prohibitions set out in Section 36.08 of the
Penal Code do not apply to a benefit derived from a function in honor or appreciation of a public
servant required to file a statement under chapter 572, Government Code, or title 15 of the
Election Code, if: 1) the benefit and the source of any benefit over $50 in value are reported in
the statement; and 2) the benefit is used solely to defray expenses that accrue in the performance
of duties or activities in connection with the office that are non-reimbursable by the state or a
political subdivision. If such a benefit is received and is not reported by the public servant under
title 15 of the Election Code, the benefit is reportable here. If the requested information is not
applicable, indicate that on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Source of benefit: Provide the name and address of the person or entity that is the source of
the benefit.

2. Benefit: Describe the benefit received.

Texas Ethics Commission Page 33 Revised 1/1/2022


Form PFS – Instruction Guide

PART 18. LEGISLATIVE CONTINUANCES


This section applies only to members of the Texas Legislature. Complete this schedule if you
are a member or member-elect of the legislature licensed to practice law and represent a party to
a civil or criminal case for compensation and on behalf of that party’s behalf you have applied
for or obtained a legislative continuance under section 30.003 of the Civil Practice and Remedies
Code, or under another law or rule that requires or permits a court to grant a continuance on the
grounds that an attorney for a part is a member or member-elect of the legislature. If the
requested information is not applicable, indicate that on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Name of Party Represented: Provide the name of the party on whose behalf you applied for
or obtained a continuance.

2. Date Retained: Provide the date on which you were retained to represent the party.

3. Style, Cause Number, Court, and Jurisdiction: Provide the style and cause number of the
action in which the continuance was sought and the court and jurisdiction in which the action
was pending when the continuance was sought.

4. Date of Continuance Application: Provide the date on which you applied for a continuance.

5. Was Continuance Granted: Indicate whether the continuance was granted.

Texas Ethics Commission Page 34 Revised 1/1/2022


Form PFS – Instruction Guide

PART 19. CONTRACTS TO SELL GOODS OR SERVICES TO A


GOVERNMENTAL ENTITY OR GOVERNMENTAL ENTITY
CONTRACTOR
Part 19 is required for a PFS due on or after January 8, 2019.

You must complete this part if, during the calendar year:

(1) You, your spouse, or your dependent child, or any business entity of which you, your spouse,
or your dependent child, independently or in conjunction, had at least 50 percent ownership
interest, was a party to one or more written contracts, AND

(2) All of the following apply to the contracts:

(A) the contracts were for the sale of goods or services in the amount of $2,560 or more.

(B) the aggregate cost of the goods or services under the contracts exceeds $10,220 in the
calendar year.

(C) the contract were with either:

 a governmental entity, or

 a person who contracts with a governmental entity, if the individual or entity


described in (1) performed work arising out of the contract, subcontract, or
agreement for a fee.

If this part applies, you must provide the following information for each of the contracts.

NOTE: This part does not require the disclosure of an employment contract between a school
district or open-enrollment charter school and an employee of the district or school. This part
does not apply to an individual who complies with an applicable requirements of Sections 51.954
(relating to Disclosure of Sponsors of Contracted Research in Public Communications) and
51.955 (relating to Prohibited State Agency Actions Related to Disclosure of Publicly Funded
Research), Education Code, and section 2252.908 of the Government Code (relating to
Disclosure of Interested Parties), in an individual capacity or as a member or employee or an
entity to which those sections apply.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Filer Parties: Check the appropriate boxes to indicate whether you, your spouse, or a
dependent child were a party to the contract. If a party to the contract is a business entity of
which you, your spouse, or your dependent child, independently or in conjunction, had at least
50 percent ownership interest, that entity is identified in Box 3 (see below, at “3. Business
Parties”).

2. Governmental Parties: Provide the name and address for each “Governmental Entity” or
“Contractor for Governmental Entity” that is a party to the contract.

Texas Ethics Commission Page 35 Revised 1/1/2022


Form PFS – Instruction Guide

 Governmental Entity. A “Governmental Entity” means the State of Texas, a


political subdivision of the state, or an agency or department of the state or a
political subdivision of the state.

If a party to the contract is a Governmental Entity, provide the name and address
for each. Check the appropriate box to indicate that the party is a Governmental
Entity.

 Contractor for Governmental Entity. A “Contractor for a Governmental Entity”


is a person who contracts with a Governmental Entity. This requirement applies if
either you, your spouse, or your dependent child, or any business entity of which
you, your spouse, or your dependent child, independently or in conjunction, had at
least 50 percent ownership interest, performs work arising out of the contract,
subcontract, or agreement between the Contractor for a Governmental Entity and
the Governmental Entity for a fee.

If a party to the contract is a Contractor for a Governmental Entity, provide the


name and address for each. Check the appropriate box to indicate that the party is
a Contractor for a Governmental Entity.

3. Business Parties: If a party to the contract is a business entity of which you, your spouse, or
your dependent child, independently or in conjunction, had at least 50 percent ownership
interest, provide the name and address of the business entity.

Form PFS-TEC Only: If you are listing your home address here, please indicate this by
placing a check in the box provided.

Texas Ethics Commission Page 36 Revised 1/1/2022


Form PFS – Instruction Guide

PART 20. BOND COUNSEL SERVICES PROVIDED BY A LEGISLATOR


Part 20 is required for a PFS due on or after January 8, 2019.

This section applies only to a member of the Texas Legislature who provided bond counsel
services to an issuer as defined by Section 1201.002(1) of the Texas Government Code.

Please identify each issuance for which you served as bond counsel. If the requested information
is not applicable, indicate that on page 2 of the Cover Sheet.

Each numbered item in these instructions corresponds to the same numbered item on the form.

1. Issuer Name: Provide the name of the issuer.

2. Issuance Date: Provide the date of the issuance.

3. Issuance Amount: Provide the amount of the issuance.

4. Fees Paid to Filer: Check the appropriate fee category for the amount of fees paid to the filer.

5. Fees Paid to Filer’s Firm: Check the appropriate fee category for the amount of fees paid to
the filer’s firm, if applicable.

Texas Ethics Commission Page 37 Revised 1/1/2022


Form PFS – Instruction Guide

PERSONAL FINANCIAL STATEMENT SIGNATURE PAGE


Complete this page only after you have completed all applicable sections and parts. You must
complete this page after you finish the rest of the report, even if you have no parts to attach. You
must always sign a report that you file, and the law requires that the personal financial statement
be verified. The verification page must have the signature of the individual required to file the
personal financial statement.

You have the option to either: (1) take the completed form to a notary public where you will sign
above the first line that says “Signature of Filer” (an electronic signature is not acceptable) and
your signature will be notarized, or (2) sign above both lines that say either “Signature of Filer”
or “Signature of Filer (Declarant)” (an electronic signature is not acceptable), and fill out the
unsworn declaration section.

Texas Ethics Commission Page 38 Revised 1/1/2022

You might also like