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A BILL TO BE ENTITLED
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AN ACT
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relating to the postemployment activities of certain local |
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government officers in certain counties; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 171, Local Government Code, is amended |
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by adding Section 171.011 to read as follows: |
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Sec. 171.011. REPRESENTATION BY FORMER LOCAL GOVERNMENT |
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OFFICERS OF CERTAIN COUNTIES RESTRICTED; CRIMINAL OFFENSE. |
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(a) This section applies only to a county with a population of 3.3 |
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million or more. |
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(b) In this section: |
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(1) "Local government officer" means: |
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(A) a member of the commissioners court or other |
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officer of a county to which this section applies; |
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(B) an officer of a precinct of a county to which |
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this section applies; or |
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(C) a member of the governing body or other |
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officer of a flood control district or a hospital district, any part |
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of which is located in a county to which this section applies. |
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(2) "Participated" means to have taken action as an |
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officer or employee through decision, approval, disapproval, |
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recommendation, giving advice, investigation, or similar action. |
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(3) "Particular matter" means a specific |
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investigation, application, request for a ruling or determination, |
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rulemaking proceeding, contract, claim, charge, accusation, |
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arrest, or judicial or other proceeding. |
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(c) A former local government officer may not make any |
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communication to or appearance before an officer or employee of the |
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governing body on or under which the former local government |
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officer served before the second anniversary of the date the local |
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government officer ceased to serve on or under the governing body if |
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the communication or appearance is made: |
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(1) with the intent to influence; and |
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(2) on behalf of any person in connection with any |
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matter on which the person seeks official action. |
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(d) A former local government officer may not represent any |
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person or receive compensation for services rendered on behalf of |
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any person regarding a particular matter in which the former local |
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government officer participated during the period of service as a |
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local government officer. |
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(e) A person commits an offense if the person violates this |
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section. An offense under this subsection is a Class C misdemeanor. |
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SECTION 2. The change in law made by Subsection (d), Section |
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171.011, Local Government Code, as added by this Act, applies only |
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to a person who ceases service as a local government officer on or |
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after the effective date of this Act. A person who ceased service |
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as a local government officer before the effective date of this Act |
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is governed by the law in effect when the person ceased service, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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