Personal Financial Statement
Frequently Asked Questions
1. Who is required to file a Personal Financial Statement?
2. How do I obtain Form PFS?
3. What is a "holdover"?
4. Do I have to file duplicate statements if I serve on more than one board?
5. What is an "advisory board"?
6. What is an "Ex Officio" member of a board?
7. What if I serve as a "designee" member on a board?
Every year, the following individuals are required to file a personal financial statement (Form PFS) with the Texas Ethics Commission under Chapter 572 of the Government Code:
- Appointed officers and executive heads of state agencies;
- Board members and executive heads of river authorities;
Officeholders in and candidates for the following offices:
- Member of the Texas Legislature;
- Statewide elected officer;
- Justice of a court of appeals;
- District judge;
- District or criminal district attorney; and
- Member of the State Board of Education;
- Former or retired judges sitting by assignment; and
- State chair of any political party receiving more than two percent of the votes for governor in the most recent general election.
Any state officer who serves at any time during the period from January 1 through April 30 is required to file Form PFS covering the previous calendar year. Please contact us immediately if you believe you are not subject to the filing requirement.
If you do not have access to the Internet, you may obtain a copy of Form PFS and the Instruction Guide by email free of charge or by regular mail at the following cost: Form PFS and the Instruction Guide including postage = $6.82. Please send your request along with your payment to the Texas Ethics Commission, P.O. Box 12070, Austin, TX 78701-2070.
Under the Texas Constitution, most state officers continue in their positions until replaced. In other words, you may still be a state officer even if you have submitted your resignation or even if your term has expired. However, section 572.0211 of the Government Code states that: (a) An appointed officer who resigns from office and who ceases to participate in the state agency's functions is not required to file a financial statement that is due because of service in that office after the effective date of the resignation. (b) An appointed officer whose term of office expires and who ceases to participate in the functions of the state agency is not required to file a financial statement that is due because of service in that office after the date the term of office expires. (c) An appointed officer of a state agency that is abolished or whose functions are transferred to another state agency is not required to file a financial statement that is due because of service after the date that the agency is abolished or the functions of the agency are transferred. (d) An appointed officer who resigns or whose term of office expires who does not intend to participate in the functions of the state agency shall deliver written notice of the officer's intention to the governor and the commission. The Ethics Commission has created Form PFS-PF (Participation Form) for the purpose of notification. Contact the Ethics Commission to request a copy of this form.
You are not required to file more than one statement covering a calendar year. For example, if you serve on more than one board, you are only required to file one statement in response to this letter.
Members of a governing body of a state agency that has only advisory authority are not required to file Form PFS. (Caution: Consult the executive director or general counsel of your agency if you believe your agency is only advisory. The functions of the agency, not the name of the agency, determine whether the agency's authority is only advisory.)
A person who serves ex officio as a voting member of the board of a state agency is required to file Form PFS. A person is not, however, required to file more than one statement covering a calendar year.
A designated representative of a voting member of a state agency is required to file Form PFS if the designee functions in the same capacity as a regular member. (A board member may designate a person to act in his or her place only if there is statutory authorization for the delegation.)