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