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.