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A BILL TO BE ENTITLED
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AN ACT
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relating to standards of conduct and ethics policies for |
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metropolitan planning organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 472.034, Transportation Code, is amended |
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to read as follows: |
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Sec. 472.034. STANDARDS OF CONDUCT; ETHICS POLICY. (a) A |
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policy board member or employee of a metropolitan planning |
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organization should not: |
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(1) accept or solicit any gift, favor, or service that |
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might reasonably tend to influence the member or employee in the |
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discharge of official duties or that the member or employee knows or |
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should know is being offered with the intent to influence the |
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member's or employee's official conduct; |
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(2) accept other employment or engage in a business or |
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professional activity that the member or employee might reasonably |
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expect would require or induce the member or employee to disclose |
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confidential information acquired by reason of the official |
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position; |
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(3) accept other employment or compensation that could |
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reasonably be expected to impair the member's or employee's |
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independence of judgment in the performance of the member's or |
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employee's official duties; |
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(4) make personal investments that could reasonably be |
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expected to create a substantial conflict between the member's or |
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employee's private interest and the public interest; or |
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(5) intentionally or knowingly solicit, accept, or |
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agree to accept any benefit for having exercised the member's or |
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employee's official powers or performed the member's or employee's |
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official duties in favor of another. |
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(b) An employee of a metropolitan planning organization who |
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violates Subsection (a) or an ethics policy adopted under |
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Subsection (c) is subject to termination of the employee's |
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employment or another employment-related sanction. |
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Notwithstanding this subsection, a policy board member or employee |
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of a metropolitan planning organization who violates Subsection (a) |
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is subject to any applicable civil or criminal penalty if the |
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violation also constitutes a violation of another statute or rule. |
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(c) Each policy board shall: |
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(1) adopt bylaws establishing an ethics policy for |
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employees of a metropolitan planning organization and policy board |
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members consistent with the standards prescribed by Subsection (a), |
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including provisions to prevent a policy board member from having a |
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conflict of interest in business before the metropolitan planning |
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organization; and |
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(2) distribute a copy of the ethics policy to: |
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(A) each new employee not later than the third |
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business day after the date the person begins employment with the |
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agency; and |
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(B) each new policy board member not later than |
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the third business day after the date the person qualifies for |
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office. |
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(d) If a person with knowledge of a violation of an ethics |
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policy established under Subsection (c) that also constitutes a |
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criminal offense under another law of this state reports the |
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violation to an appropriate prosecuting attorney, then, not later |
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than the 60th day after the date a person notifies the prosecuting |
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attorney under this subsection, the prosecuting attorney shall |
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notify the Texas Ethics Commission of the status of the prosecuting |
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attorney's investigation of the alleged violation. The Texas |
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Ethics Commission shall, on the request of the prosecuting |
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attorney, assist the prosecuting attorney in investigating the |
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alleged violation. |
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SECTION 2. Not later than January 1, 2010, each policy board |
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of a metropolitan planning organization shall adopt bylaws |
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establishing an ethics policy as required by Section 472.034(c), |
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Transportation Code, as added by this Act, and distribute a copy of |
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the ethics policy to each policy board member and employee. |
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SECTION 3. This Act takes effect September 1, 2009. |