By Coleman                                            H.B. No. 3300
         76R5934 MXM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to limits on eminent domain and a code of conduct for
 1-3     sports and community venue districts in certain populous counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 335, Local Government Code,
 1-6     is amended by adding Section 335.0711 to read as follows:
 1-7           Sec. 335.0711.  LIMIT ON POWER OF EMINENT DOMAIN IN CERTAIN
 1-8     DISTRICTS.  (a)  For purposes of this section, "facility site"
 1-9     means a site for:
1-10                 (1)  an arena, coliseum, stadium, or other type of area
1-11     or facility:
1-12                       (A)  that is used or is planned for use for one
1-13     or more professional or amateur sports events, community events, or
1-14     other sports events, including rodeos, livestock shows,
1-15     agricultural expositions, promotional events, and other civic or
1-16     charitable events; and
1-17                       (B)  for which a fee for admission to the events
1-18     is charged or is planned to be charged; or
1-19                 (2)  a convention center facility or related
1-20     improvement such as a convention center, civic center, civic center
1-21     building, auditorium, theater, opera house, music hall, exhibition
1-22     hall, rehearsal hall, museum, or aquarium.
1-23           (b)  This section applies only to a district located in a
1-24     county with a population of 2.4 million or more.
 2-1           (c)  A district may use its power of eminent domain under
 2-2     Section 335.071 only to acquire a facility site as part of an
 2-3     approved venue project.  A district may not use its right and power
 2-4     of eminent domain for any other purpose.
 2-5           (d)  A district may not participate in any way in planning or
 2-6     zoning issues before the governing body of a municipality.
 2-7           SECTION 2.  Chapter 335, Local Government Code, is amended by
 2-8     adding Subchapter F to read as follows:
 2-9            SUBCHAPTER F.  CODE OF CONDUCT FOR CERTAIN DISTRICTS
2-10           Sec. 335.101.  DEFINITIONS.  In this subchapter:
2-11                 (1)  "Director" means a board member.
2-12                 (2)  "Employee" means a district employee.
2-13           Sec. 335.102.  APPLICABILITY OF SUBCHAPTER.  This subchapter
2-14     applies only to a district located in a county with a population of
2-15     2.4 million or more.
2-16           Sec. 335.103.  APPLICABILITY OF LAWS.  (a)  Chapter 171
2-17     applies to an employee as if the employee was a local public
2-18     official, as that term is defined by Section 171.001.
2-19           (b)  Chapter 553, Government Code, applies to an employee as
2-20     if the employee was a public servant, as that term is defined by
2-21     Section 553.001, Government Code.
2-22           (c)  Chapter 573, Government Code, applies to an employee as
2-23     if the employee was a public official, as that term is defined in
2-24     Section 573.001, Government Code.
2-25           Sec. 335.104.  DISTRIBUTION OF CODE OF CONDUCT.  The
2-26     presiding officer of the board shall provide to directors and
2-27     employees, as often as necessary, a code of conduct regarding the
 3-1     requirements for office or employment under this chapter,
 3-2     including:
 3-3                 (1)  information regarding a person's responsibilities
 3-4     relating to standards of conduct for a government officer or
 3-5     employee;
 3-6                 (2)  a summary and citation of the laws applicable to
 3-7     a district officer or employee;
 3-8                 (3)  this subchapter; and
 3-9                 (4)  any additional requirements that the board may by
3-10     rule add to the code of conduct.
3-11           Sec. 335.105.  RULEMAKING.  The board by rule may modify its
3-12     code of conduct.
3-13           Sec. 335.106.  GENERAL DUTIES.  A director or employee shall:
3-14                 (1)  be, and give the appearance of being, independent
3-15     and impartial;
3-16                 (2)  place, and give the appearance of placing, the
3-17     public interest above any private interest in the person's position
3-18     of public trust; and
3-19                 (3)  strive to instill confidence in the integrity of
3-20     the board and employees.
3-21           Sec. 335.107.  VENDOR REQUIREMENTS.  (a)  This section
3-22     applies to a vendor who:
3-23                 (1)  responds to a district request for a proposal; or
3-24                 (2)  otherwise communicates  with the district in
3-25     connection with a potential agreement between that vendor and the
3-26     district.
3-27           (b)  The board by rule shall design a  conflict of interest
 4-1     questionnaire that requires disclosure of a vendor's affiliations
 4-2     or business relationships that might cause a conflict of interest.
 4-3           (c)  A vendor shall file a completed conflict of interest
 4-4     questionnaire with the board secretary not less than seven days
 4-5     after the vendor:
 4-6                 (1)  begins contract discussions or negotiations with
 4-7     the district; or
 4-8                 (2)  forwards an application, response to a request for
 4-9     proposal, correspondence, or other writings related to an agreement
4-10     or potential agreement with the district.
4-11           (d)  The board may not approve an agreement with a vendor
4-12     unless the vendor's completed questionnaire has been on file with
4-13     the board  secretary for not less than five days.
4-14           (e)  A vendor shall file an updated completed questionnaire
4-15     with the board secretary:
4-16                 (1)  on September 1 of each year; and
4-17                 (2)  after each event that would make a statement in
4-18     the questionnaire incomplete or inaccurate.
4-19           (f)  Each contract entered into between a district and a
4-20     vendor shall contain a provision stating that the contract is void
4-21     if the board or vendor violates this section.  A contract entered
4-22     into between a district and a vendor is void if the board or a
4-23     vendor violates this section.
4-24           Sec. 335.108.  DISCLOSURE OF VENDOR RELATIONSHIP BY DIRECTORS
4-25     AND EMPLOYEES.  (a)  The board by rule shall design a  conflicts
4-26     disclosure statement for directors and employees that includes:
4-27                 (1)  a requirement that each director and employee
 5-1     disclose:
 5-2                       (A)  an employment or other business relationship
 5-3     with a vendor that results in the director's or employee's
 5-4     receiving taxable income, including the nature and extent of the
 5-5     relationship; and
 5-6                       (B)  any gifts received in a 12-month period by
 5-7     that director or employee from a vendor that have a total value of
 5-8     more than $250;
 5-9                 (2)  an acknowledgment from the director or employee
5-10     that:
5-11                       (A)  the disclosure applies to a person related
5-12     to that director or employee within the first degree by
5-13     consanguinity or by affinity, as defined by Subchapter B, Chapter
5-14     573, Government Code; and
5-15                       (B)  the statement covers the preceding 12
5-16     months; and
5-17                 (3)  a signature by the director or employee
5-18     acknowledging execution of the statement under penalty of perjury.
5-19           (b)  The disclosure requirement applies to a director or
5-20     employee and a person related to that director or employee within
5-21     the first degree by consanguinity or by affinity, as defined by
5-22     Subchapter B, Chapter 573, Government Code.
5-23           (c)  A director or employee shall file a conflicts disclosure
5-24     statement with the board secretary not later than the end of the
5-25     first business day on which the director or employee became aware
5-26     of the relationship between the district and the vendor if:
5-27                 (1)  the vendor has contracted with the district;
 6-1                 (2)  the district is considering conducting business
 6-2     with the vendor; or
 6-3                 (3)  a vendor offered one or more gifts to that
 6-4     director or employee in the previous 12-month period that have a
 6-5     total value of more than $250.
 6-6           (d)  If a director has knowledge that another director has
 6-7     not made a disclosure required by this section, the director may
 6-8     notify the presiding officer of the board of this fact, or may
 6-9     notify the board secretary if the presiding officer is the person
6-10     who failed to make the disclosure.  The presiding officer or
6-11     secretary, as appropriate, may make a preliminary inquiry regarding
6-12     the disclosure and may notify in writing the official who appointed
6-13     the director of the alleged failure to disclose and the reasons for
6-14     believing that a failure to disclose occurred.
6-15           (e)  An employee may not receive during a 12-month period any
6-16     gifts from a vendor that have a total value of more than $250
6-17     unless the employee receives written approval from the presiding
6-18     officer.
6-19           Sec. 335.109.  REQUEST FOR OPINION FROM GENERAL COUNSEL.  (a)
6-20     An employee, with the presiding officer's consent, or a director
6-21     may seek a written advisory opinion from the district's general
6-22     counsel concerning whether a violation of Section 335.107 or
6-23     335.108 exists in a certain situation.  The request must provide
6-24     detailed information about the alleged violation or hypothetical
6-25     situation.
6-26           (b)  After receiving a request, the district's general
6-27     counsel shall prepare a written advisory opinion addressing whether
 7-1     a violation has occurred under the information provided.
 7-2           (c)  A director or employee may rely in good faith on a
 7-3     written advisory opinion issued under this section with respect to
 7-4     a  potential violation of Section 335.107 or 335.108.
 7-5           Sec. 335.110.  PENALTIES.  The board may reprimand, suspend,
 7-6     or terminate an employee who violates the district's code of
 7-7     conduct.
 7-8           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 7-9           (b)  Section 335.107, Local Government Code, as added by this
7-10     Act, applies only to:
7-11                 (1)  a contract entered into by a vendor on or after
7-12     September 1, 1999; or
7-13                 (2)  a renewal or extension of a contract entered into
7-14     before September 1, 1999, that occurs on or after September 1,
7-15     1999.
7-16           SECTION 4.  The importance of this legislation and the
7-17     crowded condition of the calendars in both houses create an
7-18     emergency and an imperative public necessity that the
7-19     constitutional rule requiring bills to be read on three several
7-20     days in each house be suspended, and this rule is hereby suspended.