FREQUENTLY ASKED QUESTIONS: PERSONAL FINANCIAL STATEMENT
1. Who is required to file a Personal Financial Statement with the Texas Ethics Commission?
2. How do I file Form PFS?
3. How do I get a filing password?
4. What do I do if I forget my password?
5. Can I change my password to the filing application?
6. How will I know if the Ethics Commission has received a filing?
7. Can I print a copy of my report?
8. I am required to file my Personal Financial Statement with the Commission. May I get an extension on the deadline?
9. How do I request an extension of the PFS filing deadline?
10. Why am I not receiving email messages from the Ethics Commission?
11. What is a "holdover"?
12. Do I have to file duplicate statements if I serve on more than one board?
13. What is an "advisory board"?
14. What is an "Ex Officio" member of a board?
15. What if I serve as a "designee" member on a board?
16. In the old software, I had pre-approval for attaching the paper forms from my financial institution rather than entering my stocks, bonds or mutual funds via the software. May I still attach the paper copies from my financial institution?
17. Is there a way to add a memo field to my PFS form?
1. Who is required to file a Personal Financial Statement with the Texas Ethics Commission (Commission)?
Every year, the following individuals are required to file a personal financial statement (Form PFS-Commission) 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;
- Executive or judicial officer elected in a statewide election;
- Statewide elected officer;
- Justice of a court of appeals;
- District judge;
- District or criminal district attorney; and
- Member of the State Board of Education;
- An individual appointed to fill a vacancy in an office or appointed to a newly created office who, if elected to the office instead of appointed, would be an elected officer under this subdivision;
- 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.
A state officer who serves for any portion of a calendar year must file a PFS the following year covering financial activity that occurred during the portion of the year the state officer held office. However, a member of the legislature who retires at the end of the member’s term in January is not required to file a PFS covering the calendar year of service in which member retires. Please contact us immediately if you believe you are not subject to the filing requirement.
Other laws may require certain local officials to file a PFS.
2. How do I file Form PFS?
Elected Officeholders and Candidates for Elected Office: Under state law, a 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. A security form is needed in order to obtain a Filer ID to access the electronic filing application; this is explained in question 3. below.
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 with the Commission electronically using the online filing application or on a paper Form PFS-Commission. A Filer ID is needed to file a PFS electronically. A security form explained in question 3. below is needed in order to obtain a Filer ID to access the electronic filing application. 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, Education 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 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.
Note: If you already have a login with the Commission to file a campaign finance report, you will still need to complete this procedure as the PFS login is separate from campaign finance.
3. How do I get a filing password?
The primary email address authorization in Form SECURITY-PFS must be returned to the Commission. Instructions for completing and submitting the Form SECURITY_PFS are on the back of the form. After you submit the completed form, watch your email in-box. The Commission will send an email to the primary email address you provided on the form with your Filer ID, Filer Type, and a link to set up your password, so make sure that the email you give is current and reviewed often.
Note: Your password must contain one special character (special characters include !@#$%^&*), one lowercase letter, and must be at least eight characters long.
4. What do I do if I forget my password?
Go to the Commission Filer Login screen and click on the "Forgot Password?" link. Enter your Filer ID and Filer Type. If entered correctly, an email containing a link to reset your password will immediately be sent to your primary email address.Note: Passwords are encrypted and the Commission does not have access to your password. If you are unable to reset your password yourself, you must submit a new Form SECURITY-PFS to the Commission using the instructions above. The Commission will send an email to the primary email address provided in the form with a new link to reset your password. Once you use the link, it cannot be used again.
5. Can I change my password to the filing application?
After you log into the filing application the first time, you may change your password at any time in the filing application by clicking "Manage My Profile" on the home page. Then click the "Password" button to enter your new password.
6. How will I know if the Commission has received a filing?
If your filing was successful, you will see a confirmation screen showing the date and time stamp for the filing. You are also able to view or print a PDF copy of your filing. Within a few minutes of filing, you should also receive an email sent to your primary email address from "do-not-reply@ethics.state.tx.us," which also contains a confirmation number. If you do not receive the confirmation email, the filing was not successful. You should either try again or call the Commission for assistance.
When you return to "Manage My Reports" in the filing application, you should see the filing listed under Filed Reports.
7. Can I print a copy of my report?
You can print a copy of a report at any time. Log in to the filing application and select "Manage My Reports" on the home page. On the Reports page, you may click the "Print" button next any filed or in-progress report to generate a PDF copy of the report to preview and print. You may also preview and print while working on an in-progress report by clicking "Preview Report PDF" in the navigational menu bar located down the left side of your in-progress report screen. Most browsers have a default PDF reader (some use Adobe Acrobat and some have their own reader). Depending on your browser and PDF reader, the PDF copy of the report may either download and appear minimized at the bottom of your screen (click to open) or open automatically in a new window or tab. After you print the report, close the window by clicking on the "X" in the top right-hand corner of the preview window.
Note: Be sure you are closing the preview window only and not the main browser window running the filing application.
8. I am required to file my Personal Financial Statement with the Commission. May I get an extension on the deadline?
If your personal financial statement (PFS) is due on the regular (April 30) filing deadline (extended if it falls on a weekend), you may request a 60-day extension to file the PFS. The Texas Ethics Commission (Commission) shall grant the request if the request is received before 12:00 p.m. midnight on April 30 (or the extended due date for a weekend) or if a timely filing or request for extension is prevented because of physical or mental incapacity. The Commission may not grant more than one extension to an individual in one year except for good cause shown. Remember that a PFS filed with Commission is required to be filed electronically.
If your PFS is NOT due on the regular (April 30) filing deadline, the law does not provide you with the option to request an extension.
9. How do I request an extension of the PFS filing deadline?
Beginning March 1, you will be able to request a 60-day extension to file your PFS through the PFS filing application. Information about the PFS filing application can be found here.
To request an extension, follow these steps:
- If you have not already done so, you must submit Form SECURITY-PFS to the Commission using the instructions in question 4 above.
- Check your Primary Email in-box. Commission will send you an email with your Filer ID, Filer Type, and a link to set up your password.
- Once you have set up your password, log into the PFS filing application with your Filer ID and password, and select the “PFS – Personal Financial Statement” Filer Type.
- Verify that your profile information is correct. If you need to update the information, click “Update” and make any necessary changes. Otherwise, click “Accept.”
- Select the “Manage My Reports” button, then select “Apply for Extension.”
- You will see a message on your screen that your request has been granted. You will also receive an email at your primary email address on file stating that your extension request has been granted.
10. Why am I not receiving email messages from the Ethics Commission?
All password reset links and Ethics Commission (Commission) notices will be sent to your Primary Email Address. This should be an email address that is current and that you check often. You can verify and update your Primary Email Address right after you log in. Also, be sure to "whitelist" or mark as "safe" emails that come from "do-not-reply@ethics.state.tx.us" and be sure to check your Spam or Junk folder for any missing messages.
11. What is a "holdover"?
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. The form can be found here: Form PFS-PF(Participation Form-Holdovers).
12. Do I have to file duplicate personal financial statements if I serve on more than one board?
You are not required to file more than one PFS covering a calendar year. For example, if you serve on more than one board, you are only required to file one PFS.
Additionally, if an individual has filed a PFS under Chapter 572 of the Government Code covering the preceding calendar year, the individual is not required to file a PFS required under another provision of this Chapter to cover that same year if, before the deadline for filing the PFS, the individual notifies the TEC in writing that the individual has already filed a PFS under the provision specified.
13. What is an "advisory board"?
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.)
14. What is an "Ex Officio" member of a board?
A person who serves ex officio as a voting member of the board of a state agency is required to file Form PFS. An ex officio member is not, however, required to file more than one statement covering a calendar year.
15. What if I serve as a "designee" member on a board?
A designated representative of a voting member of a state agency is required to file a 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.)
16. In the old software, I had pre-approval for attaching the paper forms from my financial institution rather than entering my stocks, bonds or mutual funds via the software. May I still attach the paper copies from my financial institution?
If you are filing your PFS electronically using the online filing application, you may not include paper attachments. The new software allows stock/bond/mutual fund information to be imported into the online filing application. The import files must be in a specific format as defined in the PFS Import Guide. Once the csv file is created, you import the file by using the Upload Data button found on your Manage My Reports page, next to the In-Progress report.
An appointed officer required to file with the Commission has the option to file electronically using the online filing application or on paper using Form PFS-TEC. Any substitute paper form must be submitted in advance for approval by the executive director in accordance with section 18.1 of the Commission Rules.
17. Is there a way to add a memo field to my PFS form?
If you file your PFS electronically, each part of a PFS form has a memo section. In order to use the memo section for a particular part, first enter at least one transaction into the part type. After you click Save, you will be taken to the grid listing the transaction(s) for this part. At the bottom of the grid, there is a Memo button that can be used to add a memo.