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A BILL TO BE ENTITLED
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AN ACT
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relating to authorization for the creation of a county ethics |
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commission in certain counties and to authorizing counties to adopt |
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a code of ethics for their commissioners courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be cited as the J D Lambright |
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Local Government Ethics Reform Act. |
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SECTION 2. Section 161.001, Local Government Code, is |
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amended to read as follows: |
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Sec. 161.001. APPLICABILITY OF CHAPTER. This chapter |
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applies only to: |
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(1) a county that: |
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(A) [(1)] has a population of 800,000 or more; |
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(B) [(2)] is located on the international |
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border; and |
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(C) [(3)] before September 1, 2009, had a county |
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ethics board appointed by the commissioners court; |
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(2) a county that: |
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(A) has a population of 425,000 or more; |
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(B) is adjacent to a county with a population of |
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3.3 million or more; and |
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(C) contains a portion of the San Jacinto River; |
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and |
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(3) a county that has a population of less than 40,000 |
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that is adjacent to a county with a population of more than 3.3 |
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million. |
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SECTION 3. Section 161.002(8), Local Government Code, is |
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amended to read as follows: |
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(8) "County public servant" means a person elected, |
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selected, appointed, employed, or otherwise designated as one of |
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the following, even if the person has not yet qualified for or |
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assumed the duties of office: |
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(A) a county officer or county employee; |
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(B) a person appointed by the commissioners court |
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or a county officer to a position on one of the following, whether |
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the position is compensated or not: |
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(i) an authority, board, bureau, |
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commission, committee, council, department, district, division, or |
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office of the county; or |
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(ii) a multi-jurisdictional board; |
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(C) an attorney at law or notary public when |
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participating in the performance of a governmental function; or |
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(D) [a candidate for nomination or election to an
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elected county office; or
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[(E)] a person who is performing a governmental |
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function under a claim of right although the person is not legally |
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qualified or authorized to do so. |
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SECTION 4. Chapter 170, Local Government Code, is amended |
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by adding Section 170.002 to read as follows: |
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Sec. 170.002. CODE OF ETHICS FOR CERTAIN COMMISSIONERS |
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COURTS. (a) This section applies to a county that has a population |
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of less than 40,000 that is adjacent to a county with a population |
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of more than 3.3 million. |
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(b) The commissioners court of a county subject to this |
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section may adopt by order a code of ethics that provides standards |
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of conduct for members of the commissioners court. |
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(c) If a commissioners court of a county subject to this |
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section adopts a code of ethics under this section, the code of |
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ethics must require each member of the commissioners court to file a |
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conflicts disclosure statement that is in addition to the statement |
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required by Section 176.003. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |