2015-10-09 Ethics Committee AgendaAGrNDA
�THICS COMMITTEC
Octobei• 9, 2015
After detecmining that a quorum is present, the Ethics Committee of the City of Denton, Texas
will cc������:t�e in a mc�t:i���, �.7r� Friday, Ocic�i�e�• 9, 2015 at I 1:t�i) a.m. in the �a�:�c�l—Accounting
Confes°�:��ce Room at C:r���+ tls�ll, 215 C. M���.as���ey Streei, S��°��t�-���, Texas at wl�i�l� the following
items will be considei•ed:
Regular Meeting
1. Hold a discussion and elect a Chair of the Ethics Committee.
2. Consider approval of the �thics Committee Minutes of November 18, 2013.
Following the completion of the Regular Meeting, the Ethics Committee will convene in a
Closed Meeting to consider the fallowing item:
• � + �
1. Consultation with Attorneys — Under Texas Governinent Code Section 551.071
A. Consultation witl� tl�e City's atto�-ti�y� regardi���ry Ic�Gr� issues associated with City of
Denton, state anci f�,cieral law as it �.��rtl��rns etl�ic.� iss���:�; and regulation of the conduct of
public officials wliei•e a public discussran of these ]egal matters would conflict with tlle
duty of the City's attorneys to the City of Denton and the Denton City Council undec the
Texas Disciplinary Rules af Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal pasition in any 2a17i1ri1S1L%'ai1V0 proceeding or potential
litigation.
Following completion of the Closed Meeting, the Ethics CO1711111tt00 W1�I convene in a Work
Session to consider the following item:
1. Receive a report and hold a discussion relating to City of Denton, state ai�d federal law as it
concerns ethics issues and i•egulation of the conduct of public officials.
CERTIFICATE
I certify that the above notice of ineeting was posted on tlle bulletin board at the City Hall of the
City of Denton, Texas, on the day of s� _ m __ , 2015 at o'clock
(a.m.) �P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON LEGAL—ACCOUNTING CONPCRCNCE ROOM 1S
ACCESSIBL� IN ACCORDANCC WITI� TH� AM�RICANS WITH DISABILITIES ACT.
THE C1TY WILL PROVIDE SIGN LANGUAGE INT�RPRET�RS POR TI�E H�ARING
IMPAIR�D IF R�QUESTCD AT LCAST 48 HOURS IN ADVANCE OF THE SC]�CDULLD
M�ETING. PLEAS� CALL TH� CITY S�CRETARY'S OFFICE AT 349-8309 OR USE
T�LECOMMUNICATIONS DEVIC�S POR TI-IE DEAF (TDD} BY CALL]NG 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRET�R CAN BC SCH�DULLD
THROUGH THE CITY S�CR�TARY'S OPF1C�.
s:\legal\our documents\miscellaneousU 5\ethics index 100915.doc
�
1. Agenda
2. Agenda Information Sheet
3. Resolution No. R2006-003
4. Ethics Portion of Resolution No. R2009-015
5. Denton Charter
6. § 2-30 Code of Ordinances: Improper Release of Confidential Information
7. § 2-61 Code of Ordinances: Board and Commission Conflicts
8. Council Travel Ordinance No. 2006-273
9. Financial Statements, �.T.C.A., Gov't: Code §145-003 and §572
10. Open Meetings
11. Public Information Act
12. Matters Affecting Public Officers and Employees, V.T.C.A., Gov't. Code §171, Conflicts
of Interest
13 Matters Affecting Public Officers and Employees, V.T.C.A., Gov't. Code § 176,
Disclosure of Certain Relationships
14. Official Misconduct, C.C.P. Art. 3.04
15. Nepotism, V.T.C.A., Gov't. Code §573.041
16. Retaliation Prohibited for Reporting Violation of Law, V.T.C.A., Gov't. Code §554.002
17. Confidentiality of Information in Bids ar Proposals, V.T.C.A., Gov't. Code §252.049
18. Bribery, Penal Code 36.02
19. Improper Influence, Penal Code 36.04
20. Tampering with Witness, Penal Cade 36.05
21. Obstruction or Retaliation, Penal Code 36.06
22. Offering Gift to Public Servant, Penal Code 36.09
23. Gift to Public Servant by Person Subject to His Jurisdiction, Penal Code 36.08
24. Abuse of Official Capacity, Penal Code 36.02
25. Official Oppression, Penal Code 39.03
26. Misuse of Official Information, Penal Code 39.06
27. FBI Articles regarding Public Corruption
s:\legal\our documents\miscellaneous\15\ais ethies 100915.doc
1 � '1' • •.- + 1;
� �` � #, !-�, i
CA: Anita Burgess, City Attorney
SUBJECT: Receive a report and hold a discussion relating to City of Denton, state and federal
law as it cancerns.
1.�.�cl�;�a°�ac�e�c�: The City Council Ethics Cammittee scheduled a meeting on October 9, 2015 to
review Ethics policy and law for public officials. This City Attorney's Office will brief the
status of the law to the Committee in closed session and an open work session will ensure where
the Committee members may discuss among themselves the current Ethics palicy and related
Ethics questions.
Anita Burgess, City Attorney
S:10uf Daumenls\4ewlNion�lOfi�Etl�ia Pollcy-Mitndntenl.DOC
RESOLUTION NO. �+� :�" t�..�,�� _
A RESOLUTION AMENDING TH� ETHICS POLICY FOR ELECTED AND
APPOINTED OFFICIALS FOR THE CITY OT DENTON, TEXAS; AND PROVIDING
AN EFFECTIVE DATE
�w�'��:�:��,��.�, �� �ay ".3 �, �.t��}� �;ity �:��.�:�at�il �a����c� �t.�st�i�.ai`ir�� ���}���Q�� �ci��i��ag �7�
Ethics I'€��ic� f�a�� :����tec� ���ci 1��a��c�ix�,i�ti i��`�ci�l� a��� ����c��x � z'���u�������ica�� �y t��r� �r�u���i1
Ethics �u���t�����ai�te� l��r��}� �����t��ve� a� �u-�z�.���a��e��`t is� il�c� ���licy as �et �`c�zi�� h���iaa; �:��.d
WHEREAS, the City Council of the City of Denton acknowledges that our government
is a t`����'���u�aiiv� �e���t��;r�c�r and those �rf�a ���� �l�cter� c��- a���ac��nied t� serv� ����rs �€�
repre�����.�t���s �c���t a��1���� trust that r����r�� i������ to ����l�fi�Xl� ar�� di]i�ently �'����i�1 tX���r
public responsibilities; at�d
"�PF�LA�, ��� �iiy ��a�i��c�l c�f t�ic +���y �f 1���xt.r��a ���������s tl�� ihc��� in�i�vid�.a���
�I�c� ��z-vc� a� �����ati� se����.�� �����si �ci���r� t� � %i�,��er �th%�:<�� s��i���°�l ��" cc�z�����t �ita� t���
�zc�iviti�� ��' g�v��r�xn���t s�7�su�ci ������it ���e �������s�i�ity �s a. �vh�1� �rad slac�t�lci ���v�x ������t il�e
individual interest of public decision makers; NOW, THEREFORE,
THE COUNCIL OF TH� CITY OF DENTON HEREBY R]ESOLVES:
SECTION 1. That the following ETHYCS POLICY for Elected and Appointed
Officiai� --�- �i.�,� rri l�'lenton, Texas, which shall apply to all elected and appointed officials of the
City, is hereby a.mended to read as follows:
ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas.
This ��I�ics Policy ��as la�ue�� ��1�a�at��:� to �r��c��i.z-age ��r�� �zlsa�e ii�� �ai��c��t st�aa���'��� �� ��z'�onal
and ����i�1ic co����.�c� �ttri��.� i.e���ar� in c��`�ic��. A.e�l-��:�•��xie,e t� �I�i� �'c�l��y will ������t�zui the
c�n�'r�i���c� �t7� ��°��,�t ir� ���� c�e�isi���-�x��l<��� ��n� �-���rc��t��a�i��� c��' �1a� �i�y �v�i€� az���t z`�������.
��������c��c��»�� ��-�,���.��al, ���c� ��c:c��.a��i�l�lc t� ii�� �a�n��1e t���y �ca`v�, �.rz ���iii€��a, ���cte� �zn�
������i��ice� ��`�cial,� �n���l �c�l��,��� t� '�'�x�� �i�Ei� st�r�t��:� a�zc� �ii� ��a����� ��c�vi������ ���� Cit�
Council Rules of Procedure governing their conduct. These are listed at the end of this Policy.
�}����, ��ected �it%y ��ru��cil :i���-��h�r� as well as appr�zz�l��e� ������1�ers ofi tl�� �;it�'� Lc��r�is and
C��ta���issions �u� ��lc�� to s��I�scr-il�c� to the Texas s��.��xt��, +Gz�y of D�;�-�ta�a ����ut��', T�:,����s of
Procedures for City Boards and Commissions, and this Ethics Policy.
1. As a representative of the City of Denton, I�ri�� �c cii�a���l,
I will act with integrity and moral courage. I�vill b� a�sc�l����l� �a-�atl�ful. T will inake impartial
decisions that are free of bribes, unlawful gifts, narrow political interests and other personal
i�����-���s that mz��f ixnpair my i���c��z�c�e�z�� ��'��.�������ent. I�vill �ir�vays c���ir�i� �l��i is best for
i��c� �v�a��e city. �: �ai11 respect co��:f�ic���s���s ���� z�t��s���ion de�i:��r��� "co���ici�x�t�s�l" �� the extent
$•k}ur DauttteotsUtcaoPufiai�ltl6tEtl�Pcc Paticy-Anf<ndmm6.DOC
���r���rille� ��r ���r. I wiil use my i�tic an� �'<�ty logo or letterhead only when conducting official
�ity ��rsz�-��ss at�� wi�l nr�t exceed r��.� ���tl���-���.
2. As a representative of the City of Denton, I will l�c ���•vi�e�arz����e�.
I will be friendly, receptive, courteous, and respectful to cv�ry�a��c. i�r�l.l t�� �tf��a,�d to and care
about the needs and issues of all Denton citizens.
�. .t�s � x•��x•e��n�:���v� ��`i��e Ci�.� al �7►������� I�vi1i ��� fi���Ii� z•�s�a��i�le..
I wzTl �n���� �rzi���� c����szc��s, t���:�r�� i��to ��cc�un� i%�e �c�����t��•��� �'sa��cza� ����c�s ��` il�� City and
i�� �����ci�i sta���liiy. � �+il� �1�ic� d��i�ic��r� tl��� �eck �� �ar�rrxa�i� ��a-��x {°u��.� ���a� ���-v��es for City
residents.
4. As a representative of the City of Dentc���, X v�°ill be ct��n����ic��i��.
I will communicate that I am approachable, op����a���ded and r�i�lin� t� �ni�r into dialog. I will
listen carefully and my response will add value to the conversation.
5. As a�#����°�����i��ive v�`the ��1y of Denio�z, I�vv��! x�� coa������t�v�.
I will work �c��r�r� �����1����.� buil�ii���; and gain v���a� �i���� div�xs� �p����ons. I will approach
my ���zii��� <�.ra� t'���1���s��i��� vvit�� a p��itiv� �.tii��a�c. ��i�� �t�n�i��� �z� �a�c�acier r��ic�n�l. a��d
stat�wid� i��a��li���ic��� c�i' ���������s, I wi�l w�al� �v�th t��� CJi�i�'��si�i��, �I��, 11�c Cia.���.���s c��
Commerce, other govermnental entities, and 10��1 z����������?1: �����cic�� ��z�t3 �a���r� as p��r� �i�
comrnon lssues.
6. As a representative of the City of Denton, I will be progressive and receptive to new
ideas.
I�i�� pro��a�� i����lligent G�i��i tlYc��a��gt��a� iz�7c�v�fi��� ��r�����v�r ���:�i1�le. ��;vi�i be s�z�s�txv� �� t��
ne�� for �.a��-�����c�����se, to ti�irL1� �����i��1�, ��d ztr���re��r� �x��ii��� ���c�els w1a��� nec�s��tvy. T�ri1�
keep my lcnowledge of local government current and growing.
7. As a representative of the City of Denton, I will not be delinquent in. paying monies
owed the City.
I will not be in arrears on any city taxes, utility seivice charges, or other oUligations owed ihe
City.
Elected officials alid appointed officials, boards and commissions must adhere to the following
Texas statutes:
Civil Statutes
Open Meetings Act (Tex. Govt. Code. Ann. Ch, 551)
Public Tnformation Act/Open Records Act (Tex. Govi. Code. Ann. Ch. 552)
Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212)
Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39)
Nepotisrn (Tex. Rev. Civ. Stat. Ann., ai-ts. 5996a & 5996b)
Whistleblower Protection (Tex. Rev. Civ. Siat. Ann., art. 6552-16a)
Page 2 of 3
S.�Due T}neurricntstRccnlullaicb6�Eilaics Poticy-Amendmrnl DOC
Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252)
State Penal Laws
��•il�e�-Y �°�c�c. a'����� �c��c, § 3�a.�}2�
�ca��-���� c��`1���i�lic� �cr-�ani ar't��i�r (Tex. Penal Code, § 36.03)
I���r+�p�r i�����a��;� �'�'��. �'ci�� t���l� � :��.�}�}
'�aa���a�ria��; �r�i�i �,'4�it����ss �`I`�x� �'���al ��d� � ��.�4}
��,��la�iis�� �"���. ���T��l ���� � 3�.(�%}
�iit� tc� T'���lit; ����i��� {"��x. ���n�l, �`�ci� � ��.�8}
{77�`�zi�a.� �i� t� �?��%l�c;� �S��aa�� �� �x. ��ra�i ��ad� � ��,(��J�
Abuse of Office (Chapter 39)
Official Misconduct (Tex. Penal Code § 39.01)
Official t�����'�ssion ("%4cx. Pen��7 C�de � ��.02)
Misuse ��`�i�icial In�t�z�7��,�ion �T��. Pea�al Code § 39.03)
Cit� Y7����azx���fs
In ��d�iitian, i.IY� City of Denton Charter, the City Council Rules of Procedure, House Rules and
Code of Election Ethics are applicable.
The Ethics Policy is designed as a positive guide to the behavior and decorurn of Council and
board members as they represent the citizens of Denton. I will voluntarily accept reprimand
from my colleagues if I should act contra�ry to this policy.
SECTION 2. This resolution shall become effective irnmediately upon its passage and
approval.
PASSED AND APPROVED this the 1� day of _ _�, 2006.
� �
�
.._....�._..__ _,w_
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� �
BY: ��_�,�..�..
t�..�'��CJV�:L� AS �� LEGAL �'��.
EDWIl�I M. ��Y��:R,, CITY A������
:
Page 3 of 3
c:ldocuments and setcinsljcricharidesktoplcommittecs reso 3 compare.doc
RESOLUTION N0. R2009- D�� ,,
I I1w�„�'_I'V.___I��F���,'il��"� �'€� T�-I�,_�1TY �Qi,�C"II�_�,THIC� ���d4f1I`I'"1_���
SECTION 1. History of the City Council Ethics Committee and findings.
A. On September 7, �:�t�4, the Denton �:iEy (�c���zz�il establ�sJ��d the City
Council Ethics Co��r��ittee.by Ordin�a�c� �c�. ���4-255, �����ch is bein;
res�i��c�ed by Ordi��,�1�� No. 2009-137 �d�pted on this d�t�, t� ��� as an
��vi��ry �c��iy to �17� �enton City Co�r�c�l on issues that r���y a.�i�e under
the Ethics Policy for the City of Denton.
B. The Denton City C�a�.t���1 f�n�� that it is in the pu�al�c ir�terest to re-
establish the Cor��i��i't�e�. as ��tar�.r�ing committee of the Cit� �c�uncil.
SECTION 2. Re-establishment of the City Council Ethics Committee and statement bf .
duties and purpose of the Committee. '
._�1. Tl3e• �ity Cou��il heFeby re-establashes the City Council Ethics Committee
as a standing committee of the City Council. � The Committee shall consist
--� of three (3) City Council members to be appointed by the Mayor of the
City of Dentan, and .approved by the Denton City Council. The City
Manager, or his or her designee; shall serve as the recording secretary to
the Committee and � shall provide such administrative services as
necessary.
•��B: - The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by •the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
, current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to advise the Denton
City Council on the Ethics Policy and to gather information from the
Citizens of Denton regarding the Ethics Policy, conduct hearings and
inquiries as herein s�t forth and consider other matters�a�s,d�legated by the
• City Council.
. ��``""~�-.
�E�TIC?I'� �, ,A�,��cr��r�; including, any �l�t�c�l�c�� ��c���t�d�i�i�i� #af the City of
Denton; or any person acting on behalf of a public or private �ntity may request the Committee
to consider an issue arising under the Ethics Policy by filing a written Notice of Potential
Violation, (`Notice"), of the Ethics Policy with the City Secretary. The City • S�eretary sha•11
make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official
who is named in the Notice, and to the Chair of the Committee, Within thirty days, the Chair
shall place the notice on the Agenda of the Committee and the Committee shall provide notice of
the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary.
The Committee may, in its ciiscretion, determine to advise the City. Council on the Notice. The
Committee may extend this time period if the Committee needs additional information in order
to properly advise the City Council regarding any issues raised in the Notice.
DENTON CITY CHARTER
r�;"
Sec. 14.04. - Personal interest �.�
Any officer or employee of the city having a substantial interest in a business entity or
real properfy, as those terms are defined in chapter 171 of the Texas Local Government
Code as it now reads or may hereafter be amended, shall comply with Chapfer 171 and�, if
necessary, shall abstain from voting on a matter involving the business entity or real prope�ty
and file an affidavit setting forth the substantial interest in the matfer fo be voted upon.
(Ord. No. 79-86, § 2, 12-91-79, ratified 'l-19-80; Ord. No. 99-057, Amend. No. 25, 2-16-99, ratified 5-9-99)
:F xr��
Sec. 14.05. - Nepotism ���:
No person shall be appointed to an office or be employed by the City of Denton who
is related to any member of the council within the second degree of affinity or the third
degree of consanguinity, and this shall apply to heads of departments in their respective
departrrre�nfis: This does not apply to a person who vdas appointed or employed�by the city
prior to the election or appointment of the council member.
(Ord. F�lo:•2D�J6-�32; •Amend. No. 23, 8-28-06, ratified 11-7-06) •
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ADMINISTRATION § 2-84
� ! +� . • • ' : '
+ '-. ..-. -.-
Each member of a baard or cammission, in addition to qualifications prescribed by federal
or state Iaw or orddsnnance, shall be a qualified voter of the city. . .
(Code I96G, § 1-21(a); Ord. Na. 93-140, § I, 8-3-98} �
Sea 2-62. Conflict oi interest.
pi member of a�oard'br comm.issi:on of tlie city having a sui�staniial uiterest in a business
ent�ty or real property, as those terms are defined in chapter 171 af the Texas Local
Government Code as it now reads or maq hereafter be amended, Shau CQmp�y Rritn Ch�.p�r 171
and, if necessary, shall abstain from voting on a matter i.nYolving the business entity or real
property and file an affidavit setting forth the substantial interest in the matter ta be voted
upan.
(Code 1966, § I-22; Ord. No. 96-154, § II, 7-9-96; Ord. No. 99-268, § 1, 8-3-99}
Charter reference—Personal usterest af officers a.nd employees, § i4.04.
Staie 1aw�•re€erene�—Conflict af interest, V.T.C.A., Local•Government�Cpde §�I71.001 et
seq. • '
Sec. 2-63. Remaval from office.
Should a board or co�ssion member cease to meet the qu ' catzans prescribed ui sect�on
2-61 or 2-62, i:.f applicak�Ie,, or...`ho s.za.ch �.ember.be convscted�of�a �'����y �'�u.��-h:.s�term of
service, such fallure or conviction, as the case may be, shall be cause for removal.
(Code 1966, § I-23}
Sec. 2-64. E�ceptians..
�' � r �• � ■ . - ■, t• ,R� � . . •. _ rr �� �uu -� a' • �-
�������..� ��:�... .���..��!'•. i . �- . .��.�1 �i.tt 11......� �f': M �l..:.' .�'..��l�fL'.��• #/.�. r ��..
.,.' ��... • .. .�.. ::: .:•:' #_ � .:��� rr■:..■ . '� �/• ■�..+�.�l�l� ..# �� �': ��:�/'.■ /� .1.. ....�
��... .. � R�:.
Sec, 2-65. Term of ofCce.
No board or commission member shall be eligible for appointment ta a board or commission
for more than three (3) consecutive terms on such baard or commission. Aboard or commission
member who has served three (3) consecut�ve terms shall nat be eligible for reappointment to
that same board or commission for a period of one �ear.
(Ord. No. 93-140, § II, 8-3-93; Ord. No. 93-212, § I, 11-I6-93) _
Secs, 2-66-2-80. Reser�red.
human serv�ces committee, § 1I-61 et seq.; park and recreation baard, § 22-1; development
rev7.ew commi.ttee, § 34-6; board af adjustment, § 3�-41 et seq.; �ustoric Iandmark commission,
§ 35-23G et seq. �
Supp. No. 21 . 163
S:10ur pocumenis\Ordinances\06\CouncilTravclOrdinancc.doc
ORDINANCE NO. ��'�"��;�'��_
AI�I ORDINANCE OF TEiE CITY OF DENTON, TEXAS ADOPTING A POLTCY
REGAR.DING THE PAYMENT OF CITY COUNCIL TR.AVEL EXPENSES;
ESTABLISHING A BUDGET FOR CITY COUNCIL TRAVEL EXPENSES; AND
DECLARING AN EFFECTNE DATE.
WHEREAS, the Assistant City Manager for the City of Denton has presented a policy
(the "Policy") and budget for fiscal year 2006-2007 (the "Budget") regarding the payment of
City Council travel expenses which are ariached hereto and made a part hereof by reference as
Attachments A and B, respectively; and
WHEREAS, the City of Denton's Audit/Finance Committee has reviewed and
recommended approval of the Policy and Budget; and
WHEREAS, the City Council desires to adopt the Policy and Budget as an official policy
and budget for the payment of City Council travel expenses; NOW, THEREFORE,
THE COUI�ICIL OF THE CITY Or DENTON HEREBY ORDAINS:
SECTION 1. T'he Policy and Budget are hereby approved.
SECTION 2. In future years, the Budget will be provided as a part of ihe annual City of
Denton Budget.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
_ _._
approval.
PASSED AND APPROVED this the �� day of ����r� ���'� _� 2006.
;�
_—..____..��__.
� : R. � �hl���.���, MAYOR
ATTEST:
J�NNIFER "t��'!'��_�T:�F��,, CITY SECRETARY
�
API��� (�Ia l� AS �� LEGAL ��I;
�DWIN M. SNYD��:�T'1 �` "I'��Z�1:Y
_��..
BY: �"
ATTACHMENT A
���� �� � ����� PAGE 1 OF 7
vl1T.T!''VIATIMT1ViCTi?ATIVF. PRlIC`F.TITTRF./AiIMTNiSTRATIVE DIR�CTIVE
�,�, __
sEcriort: ACCOUNTING
REFERENCE NUMBER:
__ ___ �
suarEc'r: REIMBURSEMENT OF CITY COUNCIL EXPENSES INITIAL EFFECTIVE DATE:
10/O1/06
_ _ __
TITLE: TRAVEL EXPENSES LAST REVISION DATE:
10/OI/06
,���wfr���*i�'�.���r �.�tU�����1��:
The City of Denton will pay reasonable expenses, which are incurred in the course of City-related
business �r�v�l, Th� +�i�y h�� tw� �t���ct.iv�� url���� pay��� tr��e:l-r��i��� �x��r���s: �1� �`� prov�ci�
Council x���a���rs sufCici�rtt fuz��� tc� �x�c�at� b�i€��ss on �����alf �f th� City+ ��acl (�°} to s�fc�,�r�ard Cit�
funds by paying only reasonable and necessary expenses. This administrative directive outlines what
constitutes a reasonable and necessary expense.
���rrzcil ��a�nat�r� are r�s��r��xl��� for insuri���; that trav�l expendit��-e� ��m�ly w��t� il�is administrative
ci��-��.�ive and #For th� i.1�c��•�u�;1a review ���t� appr�r���i of all c��cu�n�.��t� n��c�s�ar�r for the travel
tra��sa�ti�r�. C�un�il �ne�n���°� ��avc the discretion to ir����I�rn���t z���ar� r��trY�tiv� �z'�acedures and/or
��id�l�x��� for tl��ir in�ividu�� tr�v�l. The purpose �f th� r�q�ir�� c�t��u���a�tat"rta�a is to provide
sufficient evidence to anyone, who reviews the travel transaction, that public funds were expended in
compliance with this administrative directive.
Council members traveling on behalf of the City of Denlon are expected to utilize services and
accommodations appropriate for the business to be conducted. Council members are expected to travel
and conduct business in reasonable comfort and exercise good judgment in distinguishing between
comfort and extravagance.
I, ,���r����� �c;c�u�rc�i ic�c fi�ja���� ��� �:it�r ���x�t�ss. The City will pay travel and registration fee
expenses required for City business or to enhance the knowledge of the individual for the benefit
of the City.
ACCT/POLICY/COUNCIL
PAGE 2 OF 7
POLICY/ADMIlVISTRATIVE PROCEDURE/ADMI1vISTRATIVE DIRECTIVE
Tl'rt,E: TRAVEL EXPENSES I REFERENCE NUMBER:
A. Travel Advance Request Form: An advance for estimated travel expenses may be requested.
The Travel Advance Request Form must be signed by both the requesting Council member
and the Mayor or Ciry Manager. The form must include the purpose of the trip, the
destination (city and state), and the departure/return dates and times. Travel Advance
Request Forms should not be submitted sooner than two to three weeks prior to the trip.
Following a irip, Council members must account for their travel advance by completing and
submitting an Expense Report Form to Accounts Payable within twenty (20) working days of
their return date. Unused travel advance money must be reimbursed to the City and
supporting documentation (receipt) attached to the Expense Report Form. Travel out of the
country will be allowed a reasonable extension to allow for the correct exchange rate
calculation.
B. Expense Report Form: An Cxpense Report Form must be co�npleted for all travel. The form
must include the purpose of the trip, the destination (city and state), and the departure/return
dates and times. All receipts and supporting documents must be attached to the Expense
Report Form. Receipts should be affixed in date order to an 8'/z x 11 sheet of paper and
attached to the Expense Report Form, and then forwarded to Accounts Payable after being
reviewed and signed by the Mayor or City Manager.
II. ��irn�ur��l�l� L`��,n���. The City will pay a Council member's actual expenses as authorized
within this administrative directive. �t��ni�.e� r��������i ��_���..��a�� ���' ��� --�������<'-�,
��€�ce��ts_���s,� ��� �za xtr���a��� +�� f��xt� tk�� v�r���� �nd �:�� `us� ��z�, ����it� �t�� s���1k��1��ac�
c�ve. Yja�lt��•� f.� �i�)�t���t i��x�ia� r��.�c�;e�i t� �ii� �c�x�c���° tt���� �c���ay s��_ ncv.n.�r���n1������si�.
_ _�._�. _ ..__ _.
Council members should use the most economical means available when using City funds.
A. Mea1s:
]. Travel-related meals will be reimbursed i� an overnight stay is required or if multiple trips
are required during two or more consecutive days.
2. The City will not pay for meals for individuals who are not employed by the City of
Denton except with the written approval of the Mayor or City Manager stating the business
purpose of the meal. If an exception is granted, an itemized meal receipt with attendee
names must be attached to the Expense Report Form.
3. The Ciry will pay for meals at scheduled seminars, training sessions, and other meetings,
� but will not reimburse for meals elsewhere if the meal cost was included in the conference
fee. A conference itinerary/schedule must be included as supporting documentation. The
City will not pay for social or recreational conference functions that are separate ticketed
events not included in the base conference regisiration fee without prior written approval of
the Mayor or City Manager.
ACCi'/POLICY/CO UNCiL
POLICY/ADMINISTRATIVE PitOCEDURE/ADMIIVISTRATIVE DIRECTIVE
Tt�rLE: TRAVEL BXPENSES
PAG� 3 or �
REFERENCE NUMBER:
_.�.� _
B. Entertainment: The Ciry of Denton will not reimburse Council members for entertainment
unless it is necessary for the purpose of the trip. Written approval from the Mayor or City
Manager stating the business purpose must be attached to the Expense Report Form.
C. Alcoholic Beverages:
reimbursed.
D. Transportation:
Under no circumstances will the cost of alcoholic beverages be
1. First-Class Accommodations: Council members may choose to travel first-class, but the
City will only pay coach or tourist class fares.
2. Commercial Airlines: The City of Denton will pay for coach roundtrip airfare. Council
members are expected to take advantage of discounts whenever possible. However,
Council members are not required to fly at unusual times just to qualify for discounts.
Council members may retain frequent flyer miles and similar travel awards; however,
he/she shall not pay a higher price for the fare in order to obtain frequent flyer miles.
3. Private Air Carriers and Charters: Council members shall not use private airplanes or
charters without approval of the Mayor or City Manager. Cost savings or emergency
schedule requirements must be shown and included with the Mayor or City Manager's
written approval.
4. Vehicle Rental: When renting vehicles, the Council member's personal auto insurance is
the primary source of coverage in the event of an accident. The appropriate size of the
rental vehicle should depend on such factors as the number of passengers, and the
amount of luggage and/or equipment being carried.
5. Taxi: The City will reimburse Council member's taxi fares for required transportation.
When possible, a receipt must be attached to the Expense Report Form.
6. Personal Vehicles: Council members may use their person,al vehicle for out-of-town
travel or same day (in-town) travel. A.mileage log or other supporting documentation.
must be attached to the Expense Report Form. The City of Denton will pay the Internal
Revenue Service mileage reimbursement rate in effect at the time of travel. When a
Council member's travel desiination is more than 300 miles from the point of departure
(one-way), the City will not reimburse the Counci] member for expenses, such as
lodging, meals and incidentals, while in transit, which exceed the cost of a 21-tlay
advance round-trip coach airfare.
a. Personal car travel reimbursement is limited to the lesser of either the cost of making
the trip by 21-day advance coach aicfare o� mileage reianbursement. Appendix A is
ACCT/POLICY/COUNCIL
PQLICY/ADMIIVISTRA.'I'IVE PROCEDICS��'i.� ��S'I` " � DIRECTIVE
TrrLE: TRAVEL EXPENSES
PAGB 4 OF 7
REFERENCE NUMBER:
��r
—_- _ �
provided to help calculate the least expensive travel method, which is the amount that
will be reimbursed.
b. '��� �z�y wi�� �ay for �ny �a�d�c��n,�i ��ty-r��ateci n����e�,�� at the d�s�i�tii�n. A
mil��� 1Qg (t��a�����s� �� �r r�th�r sup�a��in� �isa��zn�rat.ati�an must be �:�t�c���i to the
Expense Report Form.
c. The City will pay for same day or in-ic��r�� �i�r-�r'el�t� r��l����. Same day or in-
town travel events may include City-relat� ��r���ani�:� an� rcc���tions, transportation
arud mnbility mP.�tin�s/c�mmittees, and NTCOG meetings. A mileage log (Appendix
B) or other supporting documentation must be attached to the Expense Report Form.
d. `I'[a� �;�t� �ill �ay f�r par�in� e�p���s�s, i�c�u�in� aia�a�a� ���'kir�� �at �h� ��ncr�i �ar
r�n�r��� �arkir�� ar���). �`�� �����c�z� �aarki��, �u�a�a��i�a� ���um����at�t�n ��us� ��
�tt�z��e� i� tt�e �x��r�:se 1�.���c��t ���rcn ��+� c�r� 1�� �lat�ir��d frc�n� tl�� ai�rt'� �t�l���t�.
Mileage reimbursement to the airport will be calculated from the Council member's
point of departure.
e. If a Council member is driving a personal vehicle outside of the City and has car
failure, the City will pay the exper�c c�f tc���r��; ���� ����r�l� �� �� ������� �*������
over and above the Council me���r":� ��e�san,�l t��in� x��su���'��� ��'�����. �'��
Council member must pay for all �-e�air°�. Ti�e tc�w�np ir�vc��ce �iz� ����'����
documentation, reflecting arnount cover�d, ��ust U� �.tt�cl��i �c� tl�e �x����� i�..���
Form.
E. A�cc�ri�rac�dations: "ii�� �ity vvill pay actual �����ases fon c��E�ls, �r���i�, or c�t���r lod��n�.
C"it� �t�����il merrr�f�s:�� ,�r� t��t exempt frorn ���t�l taxes, ��c� wil� � r�imbta�':��i for s��l�
taxes.
T"[2� Gity wi�i ���y r�� ���cre ti��n �h� �c��t c�f a si��1� �c�a���n�� ���c�a��, �f a�+�unci� ��a�a�z��r•
�tia���:� a ����+�r� �riit� �csine�t�e w1�� is ���rt ��� �����S��y�c vr c��`�ci�l c�f ti�� �it:y ��• vv��t� .i� ��c�t
���av��ang �a�� �it� b�a�i���,��, and t�� �ac�,t� �n�t is ����i�er �ii��� th� �in,�le r�c�n� rat�, 1��� bitl
must be adjusted for the difference in �ost.
F. Teiephone: The City realizes that while out-of-town on City business ihere are personal
�a��t���-� i��t ���ust � �tt�������; t��cr�f�r�, the ��ty �ri�� p�� th� �:ti��� of a��c ��x�����i �hc���e �.�ll
�a�ta ��� ���c�t t� �xc��d �� �a�i��utes}. `�'��� City �vil� rcizral��a��e Ccy�ncil �n��z�ae�r� �'caz° �I1
��usin��s c<�ils. �hPl �alxs�z�c �.�1�� rr��� �ie d�cuz�a�r�t� �� t� �+�acther ��r�c�na� �r t�usi����� �n
n,ature. IC �� rc��a�r���c:nded that ���tncil �t�r�a���r� ���x���ase �r���air,i e�lling cards, ��7i�1� ;are
less exper��i�e th��� t�crtel long dist�ne� x����. I�t�r���t c�onn��tic�n ���s incurred fo�'�u�i�a�ss
purposes will be reimbursed, if approved by the Mayor or City Manager.
ACC'IYPOLICY/CO UNC IL
FOLICY/ADMINISTRA'TIVE ����+��D��lr�� : �T�,TI�� DIRECTIVE
TrTLE: TRAVEL EXPENSES
PAGE 5 OF 7
REFERENCE NUMBER:
. -� _ -- _ _��_ __-
G. Incidental Expenses: The City of Denton will not pay for dry cleaning, shoe shining,
haircuts, magazines and books, tickets to the theater, sports events, or other such incidental
expenses. Incidental expenses covered include: fees and tips given to porters, baggage
carriers, bellhops, hotel maids, stewards or stewardesses and others on ships, hotel servants
in foreign countries, and transportation between places of lodgings or business and places
where meals are taken.
H. '�'�av�i on ��t�alf of Other A�c��i�s: W�ih the ����roval of the May��z` c�r City Ma����er,
�"c�u���il ���znt�ers may be a��tl�nr�r�c� tr�v�l on ��:i��lf of other orgaz�t�rans. In �ura�sual
circumstances, the Mayor or City Manager is authorized to approve an advance of City
funds for travel expenses incurred on such trips. The same guideIines outlined in this
administrative directive must be followed.
III. t7id�ei� I�ut�l+�riz���ta��l'A�p�•�v���. T�x��a�� l���ort Form a���rc�val f+ar ��r����l �n�a��%��°s will be
ih� �a�r�r c�z' �il� 14�����cr. ������� R���aa� Form ap��r�v�i fo�ry i�� :M�yc�r wa�1 �a� the Ciry
Manager.
ACCT/POLICY/COUNCIL
PAG� 6 OF 7
POLICY/ADMIIVISTRATIVE PROCEDURE/ADMII�IIS"IRATIVE DIRECTIVE �Cax�[�n��31}
e_� _ _ _ .�_...a �--� - - - _,. -
� 'r�T[,E: TRAVEL EXPENSES ��' �fPERENCE NUMSER:
AIRI.INFS
Airfare*
Airport Parking
Transportation
To/From Airport
Other
Total Cost
APPENDIX A
PERSONAL VEHICLE
miles �
Destination Parking
Additional Lodging
Additional Meals
Total Cost
cents =
Lesser of above columns is the maximum reimbursement when choosing to drive to a destination versus
�lying. '
*A 21-day advance shall be used for airfare cost uniess there are extenuating circumstances. A brief
explanation of these circumstances must be provided below. A price quote must be attached to this
form in order to obtain reimbursement. This quote may be obtained via the Internet web page of the
appropriate major airline.
ACCT/PaLICY/COUNCIL
POLICY/ADMINISTRATIVE PROCEDURE/ADMINTSTRATIVE DIRECTIVE
TrrLE: TRAVEL EXPENSES
APPENDIX B
MII,EAGE LOG
NAME:
PAGE '7 OF 7
REFERENCE NUMBER:
�_ _ _ -
TOTAL
BEGINNING ' ENDING TRTP DESTINATION -
DATE ODOMETER ODOMETER MILEAGE FROM/TO
�
�
0
0
a
a
0
0
0
a
a
a
TOTAL MILEAGE FOR REIMBURSEMENT �
Miles X .445 cents =
ACCT/POLTCY/COUNCIL
§ 145.003. Financial Statement Required, TX LOCAL GOVT § 145.003
Vernon's Texas Statutes and Codes Annotated
Local Government Code (Refs & Annos)
Title 5. Matters Affecting Public Officers and Employees
Subtitle A. Municipal Officers and Employees
Chapter a45. Financial Disclosure by and Standards of Conduct for Local Government Officers
V.T.C.A., Local Government Code § i45.003
§ �45.003. Financial Statement Required
Effective: September 1, 2003
Currentness
(a) A municipal off cer or a candidate for a municipal office filled by election shall file a financial statement as required by
this chapter.
(b) The statement must:
(1) be filed with the clerk or secretary of the municipality in which the officer or candidate resides; and
(2) comply with Sections 572.022 and 572.023, Govemment Code.
Cr. edits
Added by Acts 2003, 78th Leg., cli. 249, § 6.01, eff. Sept. 1, 2003.
V. T. C. A., Local Government Code § 145.003, TX LOCAL GOVT § 145.003
Current through the end of the 2015 Regular Session of the 84th Legislature
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§ 572.022. Reporting Categories; Required Descriptions, TX GOV7 ��:� �' '.�
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Subtitle B,1�,� l� ��:4 - -
Chapter 572, ���•:�c�l�ril Financial Disclosure, Standards �af Canduct, �a�cj Conflict of Interest (Refs &
Subcharate�� B. i'�a�s��,��� Financial Statement
V.T.C.A., Government Code § ,72.022
§ 572.022. Repog°ting Categaries; Required Descriptions
Effective: September 1, 200�
Currentness
(a) If an amaunt in a fir�ancial staternent is required to be reported by category, the individual filing the statement shall report
whether the amount is:
(1) less than $5,000;
(2) at least $5,000 but less than $10,000;
(3) at least $] 0,000 but less than $25,000; or
(4} $25,000 or more.
(b) The individual filing the staternent shall report an amount of stack by categoi'y of number of shares instead af by category
of dollai• value and shall report whether the amount is:
(1) less than 100 shares;
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(3) at least 500 but less than 1,000 shares;
(4) at ]east 1,000 but less than 5,000 shares;
(5) at least 5,000 but less than 10,000 shares; or
(6) 10,000 sl7ares or more.
(c) The individual tiling the statement shall report a description of real properly by repud liu�.
(1} the street address, if available, or the number of lots or number of acres, as applicable, in each county, and the name of
the county, if the street address is not available; and
(2) the names of all persons retaining an interest in the property, excluding an interest that is a severed mineral interest.
(d) Fai• a gift of cash or a cash equivalent such as a negotiable instrument or gift certificate that is reported in accordance with
Section 572.023(b}(7), the individual filing the statement shall include in the description of tl�e gift a statement of the value of
the gift.
Credits
Atici�r� t�y Acts 1�1��_5, 73rd Leg., cli. 268, § 1, eff. S���t. 1, 1993. Amended hy Acts 2003, 7$th Leg., ch. 249, § 5.02, eff. Sept.
1, ����3i; Acts 20�)1, �Otli Leg., ch. 342, §§ 1, 2, eff. ;�e�rt. I, 20(t7.
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§ 572.023. Contents of Financial Statement in General, TX GOVT § 572.023
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Proposed Legislation
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Vernon's Texas Statutes and Codes Annotated
Government Code (Refs & Annos)
Title 5. Ol�en Government; �thics (Refs & Annos)
.Slltitltle B. �tI11C5
Chapter 572. PeISO11aI Fillr'�11C1aI DISCIOSUTe' Standards of Conduct, and Conflict of Interest (Refs &
ill1110S�
Subchapter B. Personal Financial Statement
V.T.C.A., GOvernment Code § 5�� �aYO��
§ y72.o23. Conteiits of F'inancial Statement in Geiieral
Effective: September x, 2ao3
Currentness
(a) A iinancial statement �nust include an account of the financial activity of the individual required by this subchapter to file a
financial statement and an accaunt af the financial activity of the individual's spouse and dependent children if the individual
had actual control over that activity for the preceding calendar year.
(b) The account of financial activity consists of:
(1) a list of all sources of occupational income, identified by employer, or if self-employed, by the nature of che occupation,
including identification of a pei•son or other organization from which the individual or a business in whiclz the individual
has a substantial interest received a fee as a retainer for a claim on future services in case of need, as distinguished from
a fee for services on a matter specified at the time of contracting for or receiving the fee, if professional or occupational
services are not actually perfor�ned during the reporting period equal to or in excess of the amotmt of the retainer, and the
category of the amount of the fee;
(2) identification by name and the category of the number of shares of stock of any business entity held or acquired, and if
sold, the category of the ainount of net gain oi- loss realized from the sale;
(3} a list of all bonds, notes, and other commercial paper held or acquired, and if sold, the category of the amount of net
gain or loss realized frorn the sale;
(4} identification of each source and the category af the amount af incame in excess of $500 derived fram each source from
interest, dividends, royalties, and rents;
(5} identificacian of eacl� guararitor of a loan and identification of each person or iinancia] institulion to whom a personal
nole or notes or lease agreement for a total financial liability in excess of $1,000 existed at any time during the year and lhe
category of the amount of lhe liability;
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(6) identificatian by description of all beneficfal interests in real property and business entities held or acquired, and if sold,
tlie category of the amaunc of the net gain oc• loss realized fram the sale;
(7) identification of a person or olher organization from which the individual or the individuai's spouse or dependent children
received a gift of anything of value in excess of $250 and a description of each gift, except:
(A) a gift received from an individual related to the individual at any time within the second degree by cansanguinity or
affinity, as determined under Subchapter B, Chapter 573;
(B) a political contribution that was reported as required by Chapter 254, lElection Code; and
(C) an expenditure required ta be reported by a person required to be registered under Chapter 305;
(8) identification af the source and the category of the ainount of all income received as beneficiary of a trust, other than a
blind trust that complies with Subsection (c), and identification of each trust asset, if known to the beneficiary, fi-am which
incon7e was received by the beneficiary in excess of $500;
(9) identification by description and the category of the amount of all assets and ]iabilities af a corporatian, firm, partnership,
limited partnership, limited liability partnership, professional corporation, prafessional association, joint ventuc•e, ar other
business association in which SO percent or more of the outstanding ownership was held, acquired, ar sald;
(10) a list of all boards of directors of which the individual is a member and executive positions that the individual holds in
corporations, firms, partnerships, limited partnerships, limited liability partnerships, professional carporations, professiona]
associations, joint ventua-es, or other business associations ar proprietorships, stating the name af each corporation, finn,
partnership, limited partnership, ]irnited liabilitypartnership, professianal corporation, prafessional association, jaint venture,
or other business associatian or proprietorship and the positian held;
(11} identification of any persan providing transportation, meals, or ladging expenses permitted under Scction 36.07(b),
Penal Code, and the atnount of those expenses, other than expenditures required to be reported under Chapter 305;
(12) any corporation, firm, partnership, limited parinership, limited liability partnership, professional corporation,
professional association, joint venture, or other business association, excluding a publicly held carporation, in which bolh
the individua] and a person registered under Chapter 305 have an interest;
(13) identiiication by name and tl�e category of the number of shares of any mutual fund held ar acquired, and if sold, the
category of the amount of net gain oi- loss realized fratn the sale; and
(14) identification of each blind trust that complies with Subsection (c), including:
(A) the category of the fair market value of the trust;
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g 572.023. Contents of Financia! Statement in General, TX GOVT § 572.023
(B} lhe date tlse trust was created;
(C} the name and address of the trustee; and
(D) a statemenl signed by the truslee, under penalty of peijury, stating that:
(i) the trustee has not revealed any informatian ta the individual, except information that may be disclosed under
Subdivision (8); and
(ii) to the best of the trustee°s knowledge, the trust complies with this section.
(c) For purposes of Subsections (b}(8) and (14), a blind trust is a trust as to which;
(1) Che trustee:
(A) is a disinterested party;
(B) is not the individual;
(C) is not required to register as a lobbyist under Chapter 305;
(D} is not a public officer or public employee; and
(E) was not appointed to public office by the individual or by a public officer or public employee the individual supervises;
and
(2) the trustee has complete discretion to manage the trust, including the power to dispose of and acquire trust assets without
consulting or notifying the individual.
(d) If a blind trusl under Subsection (c) is revoked while the individual is subject to this subchapter, the individual must file an
amendment to the individual's most recent financial statement, disclasing the date of revacation and the previously unreporled
value by categary of each asset and the incame derived from each asset.
Credits
Added by Acts 1993, 73rd Leg., ch. 268, § 1, cff. Sept. 1, 1993. Amended by Accs 2003, 78th Leg., ch. 249, § 5.03, eif. Sept.
1, 2003.
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A state officer is not required to report the provision of transportation, meals, and lodging in connection with a catnpaign speech
for someone else under Gavei-nment Code sectian �i'�2.�23�b}(11) if the candidate on whose behalf the state officer makes the
cainpaign speech is required to repart the expenditures on a campaign finance report. Tex.Ethics Comm.Op. No. 401 (199$).
Beneficiary of trust
Government Code §�7�.{}��{b)(8), which is specifically directed at trust income and assets, prevail°s over subsection (b)(6) in
the case of any conflict in regard to a description of assets held in trust for a state officer as beneficiary. Tex.Ethics Cornin.Op.
No. 238 (1994).
V. T. C. A., Govemment Code § 57�.[1��, TX GOVT § 57�.l1��
Cun•ent through the end of the 2015 Regular Session of the 84th Legislature
V� nd caf Liuca�oncaat
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SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
,. , . . * * * � � • �1 ' •
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Sec. 171.001. DEFINITIONS. In this chapter:
(1) "Local public afficial" means a member of the
governing body or another afficer, whether elected, appointed, paid,
or unpaid, of any district (including a school district), county,
municipality, precinct, central appraisal district, transit authority
or district, or other lacal governmental entity who exercises
respansibilities beyond those that are advisory in nature.
(2) "Business entity" means a sole proprietorship,
partnership, firm, corparatian, holding company, �oint-stock company,
receivership, trust, or any other entity recagnized by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 171.Od2. SUBSTANTIAL INTEREST IN BUSINESS ENTITY. (a}
For purposes af this chapter, a person has a substants.al interest in a
business entity if:
(1) the person owns 10 percent or more of the vating stock
or shares of the business entity or owns either 10 percent or more or
$15,000 or more of the fair market value of the business entity; or
(2} funds received by the person from tYae business entity
exceed 10 percent of the person's gross incame for the previous year.
(b) A person has a substantial interest in real praperty if the
interest is an equitable or legal ownership with a fair market value
of $2,500 or more.
(c) A local public afficial is considered to have a substantial
interest under this sectian if a person related to the official s.n the
Ifirst degre2 by consanguinity or affinity, as determined under Chapter
573, Government Cade, has a substantial interest under this section.
http:!/ .statutes.legis.state.tx.us/Docs/LG/htm/LG.171.htm 10/6/2015
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Acts 1987, 70th Leg., ch. 149, Sec. l, eff. Sept. l, 1987. Amended by
Acts 1989, 71st Leg., ch. l, Sec. 40(aj, eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 561, Sec. 37, eff. Aug. 26, 1991; Acts 1995,
74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 849, Sec. 1, eff. Sept. 1, 1997.
Sec. 171.0025. APPLICATION OF CHAPTER TO MEMBER OF HIGHER
EDUCATION AUTHORITY. This chapter does not apply to a board member af
a higher educatian authority created under Chapter 53, Educatian Code,
unless a vote, act, or other participation by the board member in the
affairs of the higher education authority would provide a financial
benefit to a financial institution, schaol, college, or university
that is:
(1) a source of income to the board member; ar
(2) a business entity in which the board member has an
interest distinguishable fram a financial benefit available to any
other similar financial institution or other schoal, college, or
university whose students are eligible for a student loan available
under Chapter 53, Education Code.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 41(a), eff. Aug. 28, 1989.
Sec. 171.003. PROHIBITED ACTS; PENALTY. (a} A local public
official commits an offense if the official knowingly: �
(1) violates Sects.on 171.004;
(2) acts as surety for a business entity that has work,
business, or a contract with the governmental entity; or
(3) acts as surety on any official bond required of an
officer of the gavernmental entity.
(b) An offense under this section is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. l, 1987. Amended by
Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
Sec. 1i1.004. AFFIDAVIT AND ABSTENTION FROM VOTING REQUIRED.
(a} If a local public official has a substantial interest in a
'business entity or in real property, the official shall file, before a
vote or decision on any matter involving the business entity or the
http:// .statutes.legis.state.tx.us/Docs/LG/htm/LG.171.htm 10/6/2015
•; • � � •� ••, . . . � � � �, �,•_ �
real property, an affidavit stating the nature and extent of the
interest and shall abstain from further participation in the matter if.
(1) in the case of a substantial interest in a business
entity the actian on the matter will have a special economic effect on
the business entity that is distinguishable from the effect on the
public; or
(2) in the case of a substantial interest in real
property, it is reasonably foreseeable that an action on the matter
will have a special economic effect on the value of the property,
distinguishable fram its effect on the public.
(b} The affidavit must be filed with the afficial reco�d keeper
of the governmental entity.
(c} If a local public official is required to file and does
file an affidavit under Subsection (af, the official is not required
to abstain from further participation in the matter requiring the
affidavit if a majority of the members of the gavernmental entity of
which the official is a member is composed of persons who are likewise
required to file and wha do file affidavits of similar interests on
the same official action.
Acts 198i, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by
Acts 1989, 71st Leg., ch� l, Sec. 40(a}, eff. Aug. 28, 1989.
Sec. 171.005. VOTING ON BUDGET. (a) The qoverning body of a
governmental entity shall take a separate vote on any budget item
specifically dedicated to a cantract with a business entity in which a
member of the governing body has a substantial interest.
(b) Except as provided by Section 271.004(c), the affected
member may not participate in that separate vote. The member may vote
an a final budget if:
(1) the member has complied with this chapter; and
(2) the matter in which the member is concerned has been
resolved.
Acts 1987, 70th Leg., ch. 149, Sec. l, eff. Sept. 1, 1987. Renumbered
from Sec. 171.006 and amended by Acts 1989, 71st Leg., ch. l, Sec. 4Q
(a), eff. Aug. 28, 1989.
http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.171.htm 10/6/2015
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Sec. 171.006. EFFECT OF VIOLATION OF CHAPTER. The finding by a
court of a violation under this chapter does not render an actian of
the governing body voidable unless the mea5ure that was the subject of
an action involving a conflict of interest would not have passed the
governing body without the vote of the person who violated the chapter.
Acts 1987, 7dth Leg., ch. 149,
from Sec. 171.008 by Acts 1989,
Aug. 28, 1989.
Sec. 1, eff. Sept. 1, 1987. Renumbe�ed
71st Leg., ch. l, Sec. 40(a}, eff.
Sec. 171.007. COMMON LAW PREEMPTED; CUMULATIVE OF MUNICIPAL
PROVISIONS. (a} This chapter preempts the common law o� conflict of
intcrcnt� av applicd to lac�l public officials.
(b) This chapter is cumulative of municipal charter provisians
and municipal ordznances defining and prohibiting conflicts of
interests.
Amended by Acts 1989, 71st Leg., ch. l, Sec. 40(a}, eff. Aug. 28, 1989.
Sec. 171.009. SERVICE ON BOARD OF CORPORATION FOR NO
COMPENSATIdN. It shall be lawful for a local public official ta serve
as a member af the board of directors of private, nanprofzt
corporations when such officials receive no compensation or ather
remuneration fram the nanprofit corporation or other nonprofit entity.
Added by Acts 1989, 71st Leg., ch. 475, Sec. 2, eff. Aug. 28, 1989.
Sec. 171.010. PRACTICE OF LAW. (a} For purposes of this
chapter, a county �udge ar county commissioner engaged in the private
practice of law has a substantial interest in a business erxtity if the
official has entered a court appearance or signed caurt pleadings in a
matter relating ta that business entity.
(b} A county judge ar caunty commissioner that has a
substantial interest in a business entzty as described by Subsection
(a} must comply with this chapter.
(c} A judge af a constitutional county court may nat enter a
court appearance or sign court pleadings as an attorney zn any matter
before:
(1} the court over which the �udge presides; or
http:0/ .statutes.legis.state.tx.us/I7ocsfLG/htm/LG.171.htm 10/6/2015
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(2) any court_in this state over which the judge's court
exercises appellate jurisdictian.
(d) i3pon compliance with this chapter, a county judge ar
cammissioner may practice law in the courts located in the caunty
where the county judge or commissioner serves.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 21, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1206, Sec. 3, eff. June 20, 2003.
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LOi AL CrOVE MENT COD� CHAPT�R 176. DISCLOSU OF CERTAIN LA... Page 1 of 10
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SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF MORE
THAN ONE TYPE OF LOCAL GOVERNMENT
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This section was amended by the 84th Legislature. Pending publication
of the current statutes, see H.B. 23, 84th Legislature, Regular
Session, for amendments affecting this section.
Sec. 176.Q01. DEFINITIONS. In this chapter:
(1) "Agent" means a ths.rd party who undertakes to transact
some business or manage some affair for another person by the
authority ar an account af the other person.
(1-a} "Business relationship" means a connection between
two or mare parties based on commercial activity of one of the
parties. The term does nat include a connectian based on:
(A) a transaction that is subject ta rate ar fee
regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject ta
terms available to the public; or
(C} a purchase or lease of goods ar services from a
person that is chartered by a state or federal agency and that is
subject to reqular exam�nation by, and reparting to, that agency.
(1-b) "Charter school" means an open-enrollment charter
school operating under Subchapter D, Chapter 12, Education Code.
(1-c) "Cammission" means the Texas Ethics Commission.
(1-d} "Contract" means a written agreement for the sale ar
purchase of real property, goods, ar services.
(2) "Family member" means a person related to another
person within the first degree by consanguinity or affinity, as
described by Subchapter B, Chapter 573, Government Code, except that
the term does nat include a person who is considered to be related to
another person by affinity only as described by Sectian 573.024(b),
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Government Code.
(2-a) "Goods" means personal property.
(2-b) "Investment income" means dividends, capital gains,
or interest income generated from:
(A) a personal or business:
(i) checking or savings account;
(ii) share draft or share account; ar
(iii} other similar account;
(B) a personal or business investment; ar
(C} a persanal or business loan.
(3) "Local governmental entity" means a county,
municipality, school district, charter school, junior callege
district, or other political subdivision of this state or a 1oca1
government corporation, baard, commission, district, or authority to
which a member is appointed by the cammissianers court of a county,
the mayor of a municipality, or the governing bady af a municipalzty.
The term daes not include an association, corporatian, or orqanization
of governmental entities organized to provide to its members
educatian, assistance, products, or services or ta represent its
members before the legislative, administrative, ar judicial branches
af the state or federal government.
(4) "Local gavernment officer" means:
(Aj a member of the gaverning body of a local
governmental entity;
(B) a director, superintendent, administrator,
president, or other person designated as the executive afficer of the
lacal governmental entity; or
(C) an employee af a local governmental entity with
respect to whom the local governmental entity has, in accordance with
Section 176.005, extended the requirements af Sections 176.003 and
176.004.
(5) "Records administrator" means the director, caunty
clerk, municipal secretary, superintendent, or other person
responsible far maintaining the records of the lacal governmental
entity or another person designated by the local governmental entity
to maintain statements and questiannaires filed under this chapter and
perform related functions.
(6} "Services" means skilled or unskilled labor or
http:// .statuies.legis.state.tx.us/Dacs/LG/htmOLG.176.htm 10/6/2015
� . # . •� �' ' • � •; • . � .
',.�- � �
prafessional services, as defined by Section 2254.002,
Government Cade.
Added by Acts 2005,
18, 2005.
Amended by:
79th Leg.; Ch. 1d14 (H.B. 914), Sec. l, eff. Jt�ne
Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. l, eff.
May 25, 2007.
This section was amended by the 84th Legislature. Pendinq publication
of the current statutes, see H.B. 23, 84th Leqislature, Regular
Session, for amendments affecting this section.
Sec. 176.002. APPLICABILITY TO CERTAIN VENDORS AND OTHER
PERSONS. (a} This chapter applies to a persan who:
(1} enters or seeks to enter inta a cantract with a local
governmental entity; ar
(2) is an agent of a persan described by Subdivision (1}
in the persan's business with a local governmental entity.
(b) A person is not subject to the disclasure requirements af
this chapter if the persan is:
(1) a state, a political subdivisian of a state, the
federal government, or a foreign government; or
(2) an emplayee of an entity described by Subds.vision (1},
acting in the emplayee's official capacity.
Added by Acts 2005,
18, 2005.
Amended by:
79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June
Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. 2, eff.
May 25, 2007.
This sects.an was amended by the 84th Legislature. Pending publication
of the current statutes, see H.B. 23, 84th Leqislature, Regular
Session, for amendments affecting this sectian.
Sec. 176.003. CONFLICTS DISCLOSURE STATEMENT REQUIRED. (a) A
'local government officer shall file a confli.cts disclosure statement
with respect to a person described by Section 176.002(a) if:
http:// .statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm 10/6/2015
L CAL GOVE ENT CODE C APTER 176. DISCLOSU OF CERTAIN LA... Page 4 of �10
(1) the person enters inta a contract with the lacal
governmental entity ar the local governmental entity is considering
entering into a contract with the person; and
(2} the persan:
(A) has an employment or other business relationship
with the local government officer or a family member of the officer
that results in the officer or family member receiving taxable income,
other than investment income, that exceeds $2,500 durzng the 12-month
period preceding the date that the officer becomes aware that:
(i} a contract described by Subdivision (1} has
been executed; or
(ii} the local governmental entity is
considering entering into a contract with the person; or
(B} has given to the local governmeni afficer or a
family member of the off�cer ane or more gifts that have an aggregate
value af mare than $250 in the Z2-manth period preceding the date the
officer becomes aware that:
(i) a cantract described by Subdivzsian (1) has
been executed; or
(ii) the local governmental entity is
considering enterinq into a contract with the person.
(a-1) A local government officer is not required to file a
conflicts disclosure statement in relatian to a gift accepted by the
officer or a family member of the officer if the gift is:
(1) given by a family member of the person accepting the
gift;
(2) a political contribution as defined by Title 15,
Election Code; or
(3) food, lodging, transportation, or entertainment
accepted as a quest.
(b) A local government officer sha11 file the conflicts
disclosure statement with the recards administrator of the local
gavernmental entity not later than 5 p.m. on the seventh business day
after the date an which the officer becomes aware of the facts that
require the filing of the statement under Subsection (a).
(c) A local government afficer cammits an offense if the
'offi.cer knowingly violates this secti.on. An offense under this
subsection is a Class C misdemeanor.
http:// .statutes.legis.state.tx.us/Docs/LGlhtm/LG.176.ht 10/6/2015
I • � ! ' �� •• ! • � � ♦ R , ♦ '.•' . 1
(d} It is an exception to the application of Subsection (c)
that the person filed the required canfls.cts disclosure st�tement not
later than the seventh business day after the date the person received
notice from the local governmental entity af the alleged violation.
Added by Acts 2005,
18, 2005.
Amended by:
79th Leg., Ch. 1014 (H.B. 914), 5ec. l, eff. June
Acts 2007, $Oth Leg., R.S., Ch. 226 (H.B. 1491), Sec. 3, eff.
May 25, 2007.
This sectian was amended by the 84th Leqislature. Pending pulolication
of the current statutes, see H.B. 23, 84th Legislature, Regular
Session, far amendments affecting this sectian.
Sec. 176.004. CONTENTS OF DTSCLOSURE STATEMENT. The commission
shall adopt the conflicts disclosure statement for local government
afficers. The conflicts disclosure statement must include:
(1) a requirement that each local government officer
disclose:
(A) an employment or other business relationship
described by Section 176.003(a), including the nature and extent of
the relationship; and
(B) gifts accepted by the lacal government officer
and any family member of the officer from a person described by
Sectian 176.002(a) during the 12-month period described by 5ection
176.003(a)(2)(B) if the aggregate value of the gifts, excluding gifts
described by Section 176.003(a-1}, accepted by the officer or a family
member from that person exceed $250;
(2) an acknowledgment from the local government afficer
that:
(A) the disclosure applies to each fams.ly member af
the officer; and
(B) the statement covers the 12-month period
described by Section 176.003(a); and
(3j the siqnature of the local government officer
�acknawledging that the statement is made under aath under penalty of
perjury.
http:// .statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm 10/6/2015
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Added by Acts 2005,
18, 2005.
Amended by:
79th Leg., Ch. 1b14 (H.B. 914), Sec. 1, eff. June
Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. 4, eff.
May 25, 2007.
This sectian was amended by the 84th Leqislature. Pending publication
of the current statutes, see H.B. 23, 84th Legislature, Regular
Session, for amendments affecting this section.
Sec. 176.d05. APPLICATION TO CERTAIN EMPLOYEES. (a) The local
governmental entity may extend the requirements of Sections 176.003
and 176.004 to any employee af the local governmental entity who has
the authority ta approve contracts on behalf of the local governmental
entity, s.ncludzng a person designated as the representative of the
local governmental entity for purpases of Chapter 271. The lacal
governmental entity shall identify each emplayee made subject ta
Sections 176.003 and 176.004 under this subsection and shall provide a
list of the identified employees on request to any person.
(b} A local governmental entity may reprimand, suspend, or
terminate the emplayment of an employee who knowingly f.ails io comply
with a requirement adopted under this section.
(c) An emplayee of a local governmental entity commits an
offense if the employee knawingly violates requs.rements imposed under
this section. An offense under this subsection is a Class C
misdemeanor.
(d} It is an exception to the application of Subsectzon (c)
that the person filed the required canflicts disclasure statement not
later than the seventh business day after the date the person received
notice from the local governmental entity af the alleged violation.
Added by Acts 2005,
18, 2005.
Amended by:
79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June
Acts 2Q07, 80th Leg., R.S., Ch. 226 (H.B. 1491j, Sec. 5, eff.
May 25, 2007.
This section was amended by the 84th Legislature. Pending publication
http:!/ .statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm 10/6/2015
I • � ! ' •! �' ' , � � � R . . . •,. * �
of the current statutes, see H.B. 23, 84th Legislature, Regular
Session, for amendments affecting this sectian.
Sec. 176.006. DISCLOSURE REQUIREMENTS FOR VENDORS AND OTHER
PERSONS; QUESTIONNAIRE. (a} A person described by Section 176.002(a}
shall file a completed conflict of interest questionnaire if the
person has a business relatianshs.p with a local gavernmental entity
and:
(1) has an employment or other business relationship with
an officer of that local gavernmental entity, or a family member of
the officer, described by Section 176.OQ3(a}(2}(A); or
(2} has given an afficer of that local governmental
entity, or a family member of the officer, ane or more gifts with the
aggreqate value specified by Section 176.003(a)(2)(B}, excluding any
gift described by Section 176.dd3(a-1).
(a-1) The completed canflict af interest questionnaire must be
filed with the appropriate records adminzstrator not later than the
seventh business day after the later of:
(1) the date that the person: ,
(Aj begins discussions or negatiations to.enter inta
a contract with the lacal governmental entity; ar
(B) submits to the local gavernmental entity an
application, response ta a request for proposals or bids,
correspondence, or another writing related to a patential contract
with the local governmental enti.ty; or
(2} the date the person becames aware:
(A} of an employment ar ather business relatianship
with a local government officer, or a family member of the officer,
described by Subsection (a}; ar
(Bj that the person has given ane ar mare gifts
described by 5ubsection (a}.
(b) The commission shall adopt a canflict of interest
questionnaire for use under this section that requires disclasure of a
persan's business relationships with a local governmental entity.
(c} The questionnaire adopted under Subsection (by must
require, for the local gavernmental entity with respect to which the
aquestionnaire is filed, that the persan filzng the questionnaire:
(1) describe each employment or business relationship the
person has with each local government afficer of the lacal
http:// w.statutes.legis.state.tx.us! ocs/LGlhtm/LG.176.htm 10/6/2015
� i. � �i. � � ��� � i.. � �' . . ! .... �. � � .. *� .., ! : ... � � �, ! ... a :� � � — ♦ � �,�.
governmental entity;
(2} identify each employment or buszness relationship
described by Subdivision (1) with respect to which the local
government officer receives, or is likely to receive, taxable income,
ather than investment income, from the person filinq the questionnaire;
(3} identify each employment or buszness relationship
described by Subdivisian (1} with respect to which the person filing
the questionnaire receives, ar is likely to receive, taxable income,
other than znvestment income, that:
(Aj is received from, ar at the directian of, a local
gavernment officer of the local governmental entity; and
(B) is not received from the local governmental
entity; and
(4) describe each employment or business relationship with
a corporatian or other business entity with respect to which a local
government afficer of the lacal governmental entity:
(A} serves as an afficer ar director; or
(B} holds an ownership interest af 10 percent or more.
(d} A person described by Subsection (a) shall file an updated
completed questionnaire with the appropriate records administrator not
later than the seventh business day after the date of an event that
would make a statement in the questionnaire �ncomplete or inaccurate.
(e} Repealed by Acts 2009, 81st Leg., R.S., Ch. 87, Sec.
15.Od5, eff. September l, 2009.
(f} A persan commits an offense if the person knowinqly
vialates this section. An offense under this subsection is a Class C
misdemeanor.
(g) It is an exceptian to the application of Subsection (f)
that the persan filed the required questiannaire not later than the
seventh business day after the date the person received notice from
the local gavernmental entity of the alleged violation.
� (h) A lacal governmental entity does not have a duty to ensure
that a person described by Section 176.002 files a conflict of
interest questionnaire.
(i) The validity of a contract between a person described by
Section 176.002 and a local governmental entity is not affected solely
because the persan fails to comply with this section.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914}, Sec. l, eff. June
http://www.statutes.le�is.state.tx.us/Docs/LG/htm/LG.176.htm 10/6/2015
�. ��.... � .. ..... / 1 ��� � • , ► :. � , :. �. �...., � ;.• �. � l .. � ��. ♦ �� _ � �. * '.
18, 2005.
Amended by:
Acts 2007, 8Qth Leg., R.S,, Ch. 226 (H.B. 1491), Sec. 6, eff.
May 25, 2007.
Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491}, Sec. 9, e�f.
May 25, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 15.005,
eff. September 1, 2009.
This sectian was amended by the 84th Legislature. Pending publication
of the current statutes, see H.B. 23, 84th Legislature, Regular
Session, for amendments affecting this sectian.
Sec. 176.00i. LIST OF GOVERNMENT OFFICERS. The records
administratar for a local governmental entity shall maintain a list o�
local government officers of the entity and shall make that list
available to the public and any person who may be required ta file a
questionnaire under Section 176.006.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914}, Sec. l, eff. June
18, 2005.
Sec. 176.008. ELECTRONIC FILING. The requirements of this
chapter, including signature requirements, may be satisfied by
electronic filing in a form approved by the commission.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June
18, 2005.
Sec. 176.009. POSTING ON INTERNET. (a} A local governmental
entity that maintains an Internet website shall provide access to the
statements and to questionnaires required to be filed under this
chapter an that website. This subsection does not require a lacal
governmental entity to maintain an Internet website.
(b} Repealed by Acts 2d13, 83rd Leg., R.S., Ch. 847, Sec. 3(b},
eff. January l, 2014.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914), Sec. l, eff. June
18, 2005.
http:// .statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm 10/6/2015
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Amended by:
Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec.
May 25, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec.
September l, 2011.
7, eff .
��
Acts 2013, 83rd Leg., R.S., Ch. 847 (H.B. 195}, Sec. 3(b), eff.
January l, 2014. '
Sec. 176.010. REQUIREMENTS CUMULATIVE. The requirements of
this chapter are in addition ta any other disclosure required by law.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June
18, 2005.
This section was amended by the 84th Legislature. Pends.ng publication
of the current statutes, see H.B. 23, 84th Legislature, Regular
Sesss.on, for amendments affecting this section.
Sec. 176.011. MAINTENANCE OF RECORDS. A records administrator
sha11 maintain the statements and questionnaires that are required to
be filed under this chapter in accardance with the local governmental
entity's records retention schedule.
Added by Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. 8, eff.
May 25, 2007.
Sec. 176.012. APPLICATION OF PUBLIC INFORMATION LAW. This
chapter does not require a local gavernmental entity to disclose any
information that is excepted from disclosure by Chapter 552,
Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491j, Sec. 8, eff.
May 25, 2007.
http:// .statutes.legis.state.tx.us/Docs/LG/htrn/LG.176.htrn 10/6/2015
Art. 3.04. Official misconduct, TX CRIM PRO Art. 3.04
V�r��ca��'� `�;�.x�� 5��lutcs :ax�� C°�tl�s �3rz�cs#�ai��
�;ta�1e t�f �ri�t�anal ]�i�s�c��u�•e {��c�"� � ��n«�;�
Tii�c �. �ra�� c�f �Ct����i���2� ]'�•nc�c��ir°c� �f �g�i�
� ��trc�c���t�t��a`7�
{������te�� "Tlt�°c�. ��:.ianii�ca�s
Vernon s Ann.Texas C.C.P. Art. g.o4
Art. g.o4. Oflicial misconduct
Currentness
In this code:
(1) "Official misconduct" means an offense that is an intentional or knowing violation of a law committed by a public servant
while acting in an official capacity as a public servant.
(2) "Public servant" has the meaning assigned by Section 1.07, Penal Code.
Credits .
Added by Acts 1993, 73rd Leg., ch. 900, § 1.03, eff Sept. 1, 1994.
Vemon's Ann. Texas C. C. P. Art. 3.04, TX CRIM PRO Art. 3.04
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Documcnt
� 2015 Thomson Reuters. No claim to original U.S. Govemment Woeks.
Y1F�5t1 �t" O 2015 Thomson Reuters. No claim to ariginal U.S. Gavernment Works,
§ 39.01. Definitions, TX PENAL § 39.01
Vernon°s Texas Statutes and Codes Annotated
Penal Code (Refs & Annos}
Title 8. Offenses Against Public Administration
Chapter 39. Abuse of Office (Refs & Annos)
.. •. • • �
§ 39•01. Definitions
Currentness
In this chapter:
(1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the
capacify of a public servant and that directly or indirectly:
(A) impases a duty on the public servant; or
(B) govems the conduct of the public servant.
(2) "Misuse" means to deal with property contrary ta:
(A) an agreement under which the public segvant holds the property;
(B) a contract of einployment or oath of office of a public servant;
(C) a law, including provisions of the General Appropriations Act specifically relating to government property, that
prescribes the manner of custady or dispasitian of the property; or
(D) a limited purpose for which the property is delivered or reeeived.
Credifs
Added by Acts 1993, 73rd Leg., ch. 900, � I.O1, eff. Sept. 1, 1994.
V. T. C. A., Penal Code § 39.01, TX PENAL § 39.01
Cui-rent through the end of the 2015 Regular Session af the 84th Legislature
_. .. _ _ -
Cnd rif 1)acu�rieial •�=`1035 ��.(xa,�ria�,n 12csu�t•��F. `e`€r c:i;aizs� fo t�r'i�ivs��3 IJ '�. �:;€�,�c�ultzt� n�1"�`<.7i�:,w.
� � . n,'�'��,xa ,. . �, . 4 , ..�. �, ... . `�5: � ,,,. � .C, . "'t {,. �;:�.
§ 573.041. Prohibition Applicable to Public Official, TX GOVT § 573.041
Vernon's Texas Statutes and Codes Annotated
Government Code (Refs & Annos)
Title 5. Open Government; Ethics (Refs & Annos)
Subtitle B. Ethics
Chaptes 573. Degrees of Relationship; Nepotism Prohibitions
Subchapter C. Nepotism }-'z��aa�i�aiti��a�
V.T.CA., Government Code § 573•041
§ 573•041. Prohibition Applicable to Public Official
Currentness
A public official may not appoint, conl'irm the appointment of, or vote for the appointment or conf rmation of the appointinent
of an individual to a position that is to be directly or indirectly cotnpensated from public funds or fees of office if:
(1) the individual is related to the public official within a degree described by Section 573.002; or
(2) the public official holds the appointment or conf rmation authority as a member of a state or local board, the legis]aYure,
or a court and the individual is related to another member of that board, legislalure, or court within a degree described by
Section 573.002.
Credits
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
V. T. C. A., Government Code § 573.041, TX GOVT § 573.041
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Document
C�J 2015 Thomson Reuters. No claian to original U.S. Govemanent Works.
',"�� :StlL�4��CV�t' O 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 554.002. ReYafoation Prohibited for Reporting Violation of Law, TX GOVT § 554.002
Vernon's Texas Statutes and Codes Annotated
Government Code (Refs & Annos)
Title 5. Open Government; Ethics (Refs & Annos)
Subtitle A. Open Government
Chapter 554• protection for Reporting Violations of Law (Refs & Annos)
V.T.C.A., Government Code § ��4.002
§ 554•Uo2. Retaliatiotl Prohibited for Reporting Violation of Law
Currentness
(a) A state or local govermnental entity inay not suspend or tenninate the einployment of, or take other adverse personnel action
against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public
einployee to an appropriate law enforcement authority.
(b) Tn this section, a report is made to an appropriate law enforcement authority if the authority is a part of a state or local
govemmental entity or of the federal gavernment that the employee in good faith believes is autharized to:
(1) regulate under or enforce the law alleged ta be violated in the report; or
(2) investigate or prasecute a violation of criminal law.
Credits
Added by Acts 1993, 73rd Leg., ch. 268, § 1, ef£ Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 721, § 2, ef£ June
15, 1995.
V. T. C. A., Govemtnent Code § 554.002, TX GOVT § 554.002
Current through the end of the 2015 Regular Session of the 84th Legislature
�;��d uR' Eb�aa�a�na¢:uYi
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� , s..a �� ��. ., � � . � .., � � r_. . .. � , � �,< , `> � � C:' „ , �
§ 252.049. Canfidentiality af Information in Bids or Proposals, TX LOCAL GOVT § 252.049
Vernon's Texas Statutes and Codes Annotated
Local Government Code (Refs & Annos)
Title 8. Acquisition, Sale, or Lease of Property
Sul�titic �. aviti�n�t�i��al r�c�qti�i�:iiita�, S��c g c�r• �;.�.as� t��` 1'�-c���t:;��i�°
C���l�t�r ���, Ptirc�����iz�� �r�t� G���ir��.t�in�; At�t��r�z-it� of lt��aiu�ipalities (i�e�� � Ar�nu�)
Subchapter C.Procedures
V.T.C.A., Local Government Code § 252•a49
§ 252•049• Confidentiality of Information in Bids or Proposals
Currentness
(a) Trade secrets and confidential information in competitive sealed bids are not open for public inspection.
(b) Tf provided in a request for proposals, peoposals shall be opened in a manner that avoids disclosure of the contents to
cornpeting offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the
contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection.
Credits
Acts 1987, 70th Leg., ch. 149, § 1, eff Sept. 1, 1987.
V. T. C. A., Local Govemment Code § 252.049, TX LOCAL GOVT § 252.049
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Document
B 2015 Thomson Reuters. No claim to original U.S. Govemment Works.
ViELSt►�'i�°�l�f O 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 36.02. Bribery, TX PENAL § 36.02
Vernon's Texas Statutes and Codes Annotated
Penal Code (Refs & Annos)
Title 8. Offenses Against Public Administration
Chapter 36. Bribery and Corrupt Influence (Refs & Annos)
V.T.C.A., Penal Code § 36.02
§ 36.02. Bribery
Currentness
(a) A person commits an offense if he interitionally or knowingly offers, confers, or agrees to confer on another, or solicits,
accepts, or agrees to accept from another:
(1) any beneft as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion
as a public servant, party official, or voter;
(2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exeecise of offcial discretion
in a judicial or administrative proceeding;
{3) any benefit as consideration foe a violation of a duty imposed by law on a public servant or party off cial; or
(4) any benefit that is a political contribution as defined by Title ] 5, Election Code, � or that is an expenditure made and
reported in accordance with Chaptee 305, Govemment Code, if the benefit was offered, conferred, solicited, accepted, or
agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of
official discretion would not have been taken or withheld but foe the beneft; notwithstanding any rule of evidence or jury
instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be
required in any prosecution under this subdivision.
(b) It is no defense to prosecutian under this section that a person whom the actor sought to influence was not qualified to act
in the desired way whether because he had not yet assurned office or he lacked jurisdiction or for any ather reason.
(c) It is no defense to prosecution under this section thal the benefit is not offered or conferred ar lhat the benef t is not solicited
or accepted unlil after:
(1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or
(2) the public servant ceases to be a public servant.
(d) ll is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) lhat the benefit is a politieal contribution
as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Govemment Code.
r,`. ,.Stl�'t+�hJ�'�t` O 2015 Thomson Reuters. No claim to original U.S. Government Works,
§ 36.02. Bribery, TX PENAL § 36.02
(e) An offense under this section is a felony of the secand degree.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff. Sept.
I, 1975; Acts 1983, 68th Leg., p. 3237, ch. 558, § 2, eff Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, § 4.02, eff. Jan. 1, 1992;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Footnotes
V.T.C.A., Election Code § 251.001 et seq.
V. T. C. A., Penal Code § 36.02, TX PENAL § 36.02
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Document
� 2015 Thomson Reuters. No claim ta original U.S. Govemment Works.
��t�5tl��lext' O 2015 Thomson Reuters. No claim to original U.S. Government Works. 2
§ 36.04. Improper Influence, TX PENAL § 36.04
_ _ _ _.
Vernon's Texas Statutes ��� Codes Annotated
Penal Code (Refs & Annos)
Title 8. Offenses Against Public Administration
Chapter 36. Bribery and ��a�-�•u��i Influence (Refs & Annos)
V.T.C.A., Penal Code § 36.04
§ 36.04. Improper Influence
Currentness
(a) A person commits an offense if he privately addeesses a representation, entreaty, argument, or other communication to any
public servanl who exercises or will exercise off cial discretion in an adjudicatory proceeding with an intent to influence the
outcome of the proceeding on the basis of considerations other ihan those authorized by law.
(b) For purposes of lhis section, "adjudicatory proceeding" means any peoceeding before a court or any other agency of
government in which the legal rights, powers, duties, or privileges of specified parties are determined.
(c) An of fense under this section is a Class A misdemeanor.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amendedby Acts 1993, 73rd Leg., ch. 900, § 1.01, eff Sept. 1, 1994.
V. T. C. A., Penal Code § 36.04, TX PENAL § 36.04
Current ihrough the end of the 2015 Regular Session of the 84th Legislature
End of Documcnt
m 2015 Thomson Reuters. No claim to original U.S. Govemment Works.
'+11���tt1�'��N�Kt' O 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 36.05. Tampering with Witness, TX PENAL § 36.05
Vernon's Texas Statutes and Codes Annotated
Penal Code (Refs & Annos)
Title 8. Offenses Against PuUlic Administration
Chapter g6. Bribery and Corrupt Influence (Refs & Annos)
V.T.C.A., Penal Code § 36.05
§ 36.05. Tampering w�ith Witness
Effective: September x, 2oi3
Currentness
(a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit
on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official
proceeding:
(] ) to testify falsely;
(2) to withhold any testimony, infonnation, document, ar thing;
(3) to elude legal process summoning him to testify ar supply evidence;
(4) to absent himse[f from an official proceeding to which he has been legally summoned; or
(5) to abstain from, discontinue, or delay the prosecution af another.
(b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees
to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).
(c) It is a defense to prosecution under Subsection (a)(5) that the benefit received was:
(1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and
(2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the
state in the case.
(d) An offense under this section is a felony of the third degree, except that if the official proceeding is part of the prosecution
of a crinainal case, an offense under this section is the same category of affense as the rnost serious offense charged in that
criminal case.
"�"�'����� �,�f�leXt" O 2015 Thomson Reuters. No claim to original U.S. Govemment Works,
§ 36.05. Tampering with Witness, TX PENAL § 36.05
(e) Notwithstanding Subsection (d), if the most serious offense charged is a capital felony, an offense under this section is a
felony of the first degree.
(e-1) Notwithstanding Subsection (d), if the underlying official proceeding involves family violence, as defned by Section
71.004, Family Cade, an offense under this section is the greater of:
(1) a felony of the third degree; or
(2) the most serious offense charged in the criminal case.
(e-2) Notwithstanding Subsectians (d) and (e-1), if the underlying official proceeding invalves family violence, as defined by
Section 71.004, Family Cade, and it is shown at the trial of the offense that the defendant has previously been convicted of an
offense involving family violence under the laws of this state or another state, an offense under this section is the greater of:
(1) a felony of the second degree; or
(2) the rnost serious a1'fense charged in the criminal case.
(e-3) For purposes of Subsection (a), a person is considered to caerce a witness or praspective witness if the persan cammits
an act of family violence as defined by Section 71.004, Family Code, that is perpetrated, in part, with the intent to cause the
witness's or prospective witness's unavailability or failure to comply and the offense is punishable under Subsection (e-1) ar
(e-2), as applicable.
(� If conduct thai constitules an offense under this section alsa constitutes an affense under any other law, the actor may be
prosecuted under this section, the other law, or both.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 721, § 1, eff. Sept. 1, 1997; Acts 2011, 82nd Leg., ch. 770 (H.B. 1856), § 1, eff. Sept. 1, 2011;
Acts 2013, 83ed Leg., ch. 165 (S.B. 1360), §§ 1, 2, eff. Sept. 1, 2013.
V. T. C. A., Penal Code § 36.05, TX PENAL § 36.05
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Document
� 2015 Thomson Reuters. No claim to origrna] U.S. Govemment Works.
��e5tt�t��N�' O 2015 Thomson Reuters. No claim to original U.S. Government Works, 2
§ 36.06. Obstruction or Retaliatian, 7X PENAL § 36.06
Vernon's Texas Statutes and Codes Annotated
Penal Code (Refs & Annos)
Title 8. Offenses Against Public Administration
Chapter 36. Bribery and Corrupt Influence (Refs & Annos)
V.T.C.A., Penal Code § 36.06
§ 36.06. OUstruction or Retaliation
Effective: September 1, 2ox5
Currentness
(a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or status of another as a:
(A) public servant, witness, prospective witness, or informant; or
(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or
(2) to prevent or delay the service of anothee as a:
(A) public servant, witness, prospective witness, or informant; or
(B) person who has reported or who the actor knows intends to report the occurrence of a crime.
(a-1) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone
number of an individual the actor knows is a public servant or a member of a public servant's family or household with the
intent to cause harm or a threat of harm to the individual or a member of the individual's family or household in retaliation for
or on account of the service or status of the individual as a public servant.
(b) In this section:
(1) "Honorably retired peace officer" means a peace officer who:
(A) did not retire in lieu of any disciplinary action;
(B) was eligible to retire from a law enforcement agency or was ineligible to retire only as a result of an injury received
in the course of the off cer's employment with the agency; and
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§ 36.06. Obstruction or Retaliation, TX PENAL § 36.06
(C) is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension
or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its
employees.
(2) "Informant" means a person who has communicated infonnation to the govemment in connection with any govemmental
function.
(3) "Public servant" has the meaning assigned by Section 1.07, except that the terrn also includes an hanorably retired peace
officer.
(c) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if:
(1) the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or
(2) the actor's conduct is described by Subsection (a-i) and results in ihe bodily injury of a public servant ar a member of
a public servant's family or household.
(d) For purposes of Subsection (a-1), it is prima facie evidence of the intent to cause harm or a threat of harm to an individual
the person knows is a public servant or a member of a public servanfs family or household if the actor:
(1) receives a written demand from the individual to not disclose the address or telephone number for reasons of safety; and
(2) either:
(A) fails to remove the address or telephone number from the publicly accessible website within a period of48 houes after
receiving the demand; or
(B) reposis the addeess or telephone number on the same or a different publicly accessible website, or makes the information
publicly available through another medium, within a period of four years after receiving the demand, regardless of whether
the individual is no longer a public servant.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3238, ch. 558, § 4, eff Sept.
1, 1983; Acts 1989, 71st Leg., ch. 557, § 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 239, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 835, § 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 246, § 1, eff Sepl. 1, 2003; Acts 2015, 84th Leg., ch. 848 (S.B. 923), § 2, eff. Sept. 1, 2015.
V. T. C. A., Penal Code § 36.06, TX PENAL § 36.06
Current through the end of the 2015 Regular Session of the 84th Legislature
`�;"'�r'r, �tl��t�i�t' O 2015 Thomson Reuters. No claim to original U.S. Government Works. 2
§ 36.06. Obstruction or Retaliation, TX PENAL § 36.06
End of Documcnt
p 2015'fhomson Reuters. No claim ta original U.S. Govemment Wor•ks.
`�� �1<.: �tl��vl�p.:�t' O 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 36.09. Offering Gift to Public Servant, 7X PENAL § 36.09
Ve�•a�c���';� T���s �i�t�i't5 ���e3 �c�c�e;; ����x��t�t�ti _
��ena1 ��c�� (Refs & �s��r�c��)
`I'itl� �. ���aas�t� ��,�a����;t' ��a1�li� ����zini5ir�tic�aa.
�l��pte�• ;36. I�a�zl�cszy �r��1 C��•c°�aJ�t �a�fiu�,ncc (���fs � Art��c�s)
V.T.C.A, Penal Code § g6.o9
§ 36.09. Offering Gift to Public Servant
Currentness
(a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the
public servant is prohibited by law feom accepting.
(b) An offense undee this section is a Class A misdemeanor.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § I, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
V. T. C. A., Penal Code § 36.09, TX PENAL § 36.09
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Document
� 2015 Thomson Reuters. No claim to original U.S. Govemmene Works.
�stl �„ il4���xt" O 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 36.08. Gift to Public Servant by Person Subject to His Jurisdiction, TX PENAL § 36.08
�v°c���c�ai"s'�'c ��� �ta�t�;� �r'�r� L��c� �+.a�i�catalc.� ._
i'�Mz1�� �;�a�3e �T���s � �n��ea�)
l-zt1� ii. t)�erlse� ����nsi Pu'�lic �e�nxi����r�tti�zx
Chapter 36. Bribery and Corrupt Influence (Refs & Annos)
V.T.C.A., Penal Code § 36.08
§ 36.08. Gift to Public Seavant by Person Subject to His Jurisdiction
Currentness
(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an
offense if he solicics, accepls, or agrees to accept any benef t from a person the public seevant knows to be subject to regulation,
inspection, or investigation by the public servant oe his agency.
(b) A public servanl in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any
benefit•from a peeson the public servant knows to be in his custody or the custody of his agency.
(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he
solicits, accepts, or agrees to accepC �ny benefit froin a person against whom the public servant knows litigation is pending or
contemplated by the public servant or his agency.
(d) A public servant who exercises discretion in connection with conteacts, purchases, payments, claims, or other pecuniary
transactions of govemment commits an offense if he solicils, accepts, or agrees to accept any benefit from a person the public
servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving
the exeecise of his discretion.
(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or
administrative authority, or who participates in the enforcement of the tribunal's decision, commits an offense if he solicits,
accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested
in any mattee before the public servant or tribunal.
(� A member of the legislature, the govemor, the lieutenant governor, or a person employed by a member of the legislature,
the governor, the lieutenant governor, or an agency of the legislature commits an offense if he solicits, accepts, or agrees to
accept any benefit from any person.
(g) A public servant who is a hearing examiner employed by an agency performing regulatory funccions and who conducts
hearings in contested cases commits an offense if the public servant solicits, accepts, or agrees to accept any benefit from any
person who is appearing before the agency in a contested case, who is doing business with the agency, or who the public servant
knows is interested in any matter beforc the public servant. The exception provided by § 36.10(b) does nol apply to a benefit
under this subsection.
(h) An offense under this section is a Class A misdemeanor,
'�"�'���t ,d.=N�:�t' O 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 36.08. Gift to Public Servant by Person Subject to His Jurisdiction, TX PENAL § 36.08
(i) A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under this section
may donate the benefit to a govemmental entity that has the authority to accept the gifi or may donate the benefit to a recognized
tax-exempt charitable organization formed for educational, religious, or scientific purposes.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff. Sept.
1, 1975; Acts 1983, 68th Leg., p. 3238, ch. 558, § 5, efT Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, § 4.04, eff Jan. 1, 1992;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
V. T. C. A., Penal Code § 36.08, TX PENAL § 36.08
Current through the end of the 2015 Regular Session of the 84th Legislature
IEnd of Dacument
C9 2015 Thomson Reuters. No claim Yo original U.S. GovemmenY Woeks.
1i4�"�5xt ���°��I�i���t" O 2015 Thomson Reuters. No claim to ariginal U.S. Government Works. 2
§ 39.02. Abuse af Official Capacity, TX PENAL § 39.02
Vernon's Texas Statutes and Cades Annotated
Penal Code (Refs & Annos)
Title 8. Offenses Against Public Adrninistration
Chapter 39. Abuse of Office (Refs & Annos)
V.T.C.A., Penal Code § 39.02
§ 39�02. Abuse of O�cial Capacity
Effective: September x, 2015
Currentness
(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he
intentionally or knowingly:
(1) violates a law relating to the public servant's office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the govemment that has come
into the public servant's custody or possession by virtue of the public servant's office or employment.
(b) An offense under Subsection (a)(I) is a Class A misdemeanor.
(c) An offense under Subsection (a)(2) is;.
(1) a Class C misdemeanor if lhe value of the use of the thing misused is less than $100 ;
(2) a Class B misdemeanor if the value of the use of the ihing misused is $100 or more but less than $750 ;
(3) a Class A misdemeanor if the value of the use of the thing misused is $750 or more but less than $2,500 ;
(4) a state jail felony if the value of the use of the thing misused is $2,500 or more but less than $30,000 ;
(5) a felony of the third degree if the value of the use of the thing misused is $30,000 or more buc less than $150,000 ;
(6) a felony of the second degree if ihe value of the use of the thing misused is $150,000 oe moee but less than $300,000 ; or
(7) a felony of the firsl degree if the value of the use of the thing misused is $300,000 or more.
1���ti�t��Ne',�t O 2015 7homson Reuters. No claim to original U.S. Government Works.
§ 39.02. Abuse of Official Capacity, TX PENAL § 39.02
(d) A discount oe award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not
things of value belonging to the government for purposes of this section due to the administeative diffculty and cost involved
in recapturing the discount or award for a govemmental entity.
(e) If separate transactions that violate Subsection (a)(2) are conducied pursuant to one scheme or continuing course of conduct,
the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated
in determining the classification of the offense.
(� The value of the use of a thing of value misused under Subsection (a)(2) may not exceed:
(1) the fair market value of the thing at the time of the offense; or
(2) if the fair market value oC the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after
the offense.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3241, ch. 558, § 7, eff.
Sept. 1, 1983. Renumbered from V.T.C.A., Penal Code § 39.01 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994; Acts 2009, 81 st Leg., ch. 82, § 1, eff Sept. 1, 2009. Amended by Acts 2015, 84th Leg., ch. 1251 (H.B. 1396),
§ 28, eff. Sept. 1, 2015.
V. T. C. A., Penal Code § 39.02, TX PENAL § 39.02
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Document
� 2015 Thomson Reuters. No claim to original U.S. Govemment Works.
_.._
°,'".?:���tl:��°,�fVe:ct' O 2015 Thomson Reuters. No claim to original U.S. Government Works. 2
§ 39.03. Official Oppression, TX PENAL § 39.03
Vernon's Texas Statutes and �t���:s Annotated
Penal Code (Refs & Annos)
Title 8. Offenses Against Public Adrninistration
Chapter 39. Abuse of Office (Refs & Annos)
V.T.C.A., Penal Code § 39•03
§ 39•a3• Official Oppression
Effective: September g, 2og3
Currentness
(a) A public servant acting under color of his office or employmeni commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien
that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing
his conduct is unlawful; or
(3) intentionally subjecls another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an
official capacity oe takes advaniage of such actual or purported capacity.
(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favoes, oe other verbal or physical
conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right,
privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public
servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education
Information Management Syslem (PEIMS) described by Section 42.006, Education Code, under a law requiring that reporting.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71 st Leg., ch. 1217, § 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26, 1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993,
73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 2013, 83rd Leg., ch. 510 (S.B. 124), § 2, eff. Sept. 1, 2013.
V. T. C. A., Penal Code § 39.03, TX PENAL § 39.03
Current through the end of the 2015 Regular Session of the 84th Legislature
End of Document
C� 20] 5 Thomson Reuters. No claiin to oo•iginal U.S. Govearment Woa•ks.
.... _
�,{��il<„°w'�:�,,'�le�k" O 2015 Thomson Reuters. No claim to original U.S. Government Works..
§ 39.06. Misuse of Official Informatian, TX PENAL § 39.06
Vernon's Texas Statutes and Codes,�S��r��f�te�d
Penal Code (Refs & Annos)
Tifl� �. �ff`�.�s�s �l�ai��st �3��l�di� t'�tlstii��isiz�at�i�sn
�l���i�z� �9. t�laus� �sf [l��c�� (I�e:f� � r�,aanc�s�
V.T.C.A., Penal Code § 39.06
§ 39.06. Misuse of Official Information
Effective: September g, 2oi5
Currentness
(a) A public servant commits an offense if, in reliance on inforrnation to which the public servant has access by virtue of the
person's office or employment and that has not been made public, the person : •
(1) acquiees or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected
by the information;
(2) speculates or aids another to speculate on the basis of the infonnation; or
(3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that
information to a law enfoecement agency.
(b) A public servant commits an offense if with intent to obtain a benefit oe with intent to harm or defraud another, he discloses
or uses information for a nongovemmental puepose that:
(1) he has access to by means of his off ce or employment; and
(2) has not been made public.
(c) A person commits an offense if, with intent to obtain a benef t or with intent to harm oe defraud another, he solicits or
receives from a public servant information that:
(1) the public servanl has access to by means of his office or employment; and
(2) has not been made public.
(d) In this section, "information that has not been made public" means any information to which the public does not generally
have access, and that is peohibited from disclosure under Chapter 552, Govemment Code.
'�rd��tl����,{N�;�t` O 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 39.06. Misuse of Official Information, TX PENAL § 39.06
� (e) Except as provided by Subsection (�, an offense under this section is a felony of the third degree.
(� An offense under Subsection (a)(3) is a Class C misdemeanor.
Credits
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3243, ch. 558, § 9, eff. Sept.
1, 1983; Acts 1987, 70th Leg., ch. 30, § 1, efi: Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 43, § 3, ef£ Oct. 20, 1987;
Acts 1989, 71 st Leg., ch. 927, § 1, eff. Aug. 28, 1989. Renumbered from V.T.C.A., Penal Code § 39.03 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(90), eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 76, § 14.52, eff. Sept. 1, 1995; Acts 2015, 84th Leg., ch. 1043 (H.B. 1783), § 5, eff. Sept. l, 2015.
V. T. C. A., Penal Code § 39.06, TX PENAL § 39.06
f'nrrPnt thrnngh th�; Pnri nf the 7.Q15 Regul�r R�sSinn �f t.he R4t.h T.egislal:ure
End of Document
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�^J�Std�1n�3�'.�ct O 2015 Thomson Reuters. No claim to original U.S. Government Works.
10/8/2015
FBI — Public Corruption a 7op Priority
Hame • News = 54ories = 2010 • March • F�u41m:; Cnmipt:r,i-�: Uur T'op�Criminal Friorit,
Public Corruption
Why IYs Our #7 Criminal Priority
03/26/10
Public corruption is a breach of trust by federal,
state, or local officials�ften with ihe help of private
sector accomplices. IYs also lhe FBI's lop criminal
investigative priority. To explain why the Bureau
takes public corruption so seriously and how we
investigate, we talked with Special Agent Patrick
Bohrer, assistant section chief of our Public
CorruptionlCivil Rights program at FBI
Headquarters.
Question: Why is public corrup4ion so high on the
FBI's list of investigative priorities?
Answer: Because of its impact Corrupt public officials undermine our country's national securily, our
overall safety, the public trust, and confidence in the U.S. government, wasting billions of dollars along
the way. This corruplion can tarnish virtually every aspecl of society. For example, a border ofticial
might take a bribe, knowingly or unknowingly letting in a 4ruck containing weapons of mass
destruction. Or corrupt state legislators could cast deciding votes on a bill providing funding or other
benefits to a company for the wrong reasons. Or atthe local level, a building inspeclor might be paid to
overlook some bad wiring, which could cause a deadly fire down the road.
�r;��,'h� ` jt���
�ti�,��
��
��
1
i' :l;s'
a �� -
� �� }��
���� ' #���£k.
Special Agent
Q: Can you describe the kinds of public corruption that the FBI investigates?
A: It really runs the gamut. Bribery is 4he most common. But tliere's also eutortion,
embezzlement, racketeering, kickbacks, and money laundering, as well as wire,
mail, bank, and tax traud. Right now, based on our intelligence on emerging irends,
we are focused specifically on several major issues: corruplion along our national
borders; corrupt o�cials who take advantage of natural disasters or economic
crises to diveR some of the governmenYs aid into their own pockets; and a myriad
of officials who may personally benefitfrom the economic stimulus funding.
Patrick Bohrer Q� Where do you find this corruption?
A: Just about everywhere—at the federal, state, and local levels throughoutihe
country. And I should point out, the vast majority of our counlry's public officials are honest and work
hard to improve the lives of 4he American people. But a small number make decisions for ihe wrong
reasons—usually, to line their own pockels or those offriends and family. These people can be found
—and have been found—in Iegisla4ures, courLs, city halls, law enforcement departmenls, school and
zoning boards, government agencies of all kinds (including those that reguBate eBec4ions and
transportation}, and even companies thatdo business with government.
Q: How does the FBI investigate public corruption?
A: We're in a unique position to investigate allegaGons of public corruption. Our lawful use of
sophisticated investigative tools and methods—like undercover operations, court-authorized
electronic surveillance, and informants—often gives us a front-row seat lo wilness ihe actual exchange
of bribe money or a backroom handshake that seals an illegal deal...and enough evidence fo send
Yhe culprits 4o prison. But we have plenty of help. We often work in conjunction wilh lhe inspector
general o�ces from various federal agencies, as well as with our state and local partners. And we
depend greatly on assis4ance from the public. 50 let me end by saying, if anyone out there has any
information about potential wrongdoing by a public official, please submit a tip online or contactyour
local FBI field office. Your help really makes a difference.
Resource:
- Public corruption
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https://www.fbi .gov/news/stori es/2010/m arch/corrupti on_032610
10/8/2015
FBI — Public Corruption Update
Home - News • Stories ° 2094 • June • Public Comirliun Upda!e
Public Corruption Update
FBI Continues Efforts to Root Out Crooked Officials
OF/17/14 •
ast majorily of public servanls who work at the local, state, and federal levels of governmen4are
hu�iest and dedicated folks who strive every day to do the rightthing for their constituents, their
communities, and their coun4ry.
Unfortunately, lhere is a small subgroup of public servan4s who, whe4her elected, appointed, or
contracYed, are only concerned about a very specific constiYuency—themselves. And because this type
of corruption strikes atthe heartofgovernment, eroding public confidence and undermining the
sYrength of our democracy, 4he investigation of public corruption is 1he FBI's top criminal priority.
Currently the Bureau is working more than 4,000 public corruption cases around the nation with
the help of our partners. Our investigative efforts pey offyear after year—fiscal year 2013 21one saw
approximately 1,200 federal indictments and informations against corrupt officials.
Investigating the corruption offederal
personnel—in particular, trusted officials
and employees wilh access to sensitive
information—is our number one public
corruption priority because of lhe
potential impacton U.S. na4ional
security. Bu4 corrupt state and local
officials—who, like theirfederal
counterparts, take an oalh to serve—can
seriously harm public trust in
government. 7hey can also jeopardiae
public safety and waste millions of
4axpayer dollars.
The FBI is uniquely situated to
investigate public corruption--we've
got plenty of experience and the
resources to run the kind of lang-term,
complex investigations that corruption
activities often require. To uncover
tive ac4ivities like bribery,
zzlemenl, racketeering, kickbacks,
and money laundering, we use
sophisGcated investigative Yechniques
4ha4 can give us a front row seat to
handshakes, money exchanges, or
descriptions of corrupt schemes directly
Public Corruption Case Roundup
The FBB—often In conJunc4ion with other federal, s4ate, or laal
partners—works aboui 4,000 puMic cotruptlon Investigal�ars a4 aory
glven tlme. Here are a few examples of some recent cases Pran
around lhe cauMry:
- San Diego: A corrupl U.S. Cus4oms and Border Prolecllon officer
was senlenced 4or hls rde In a decade-long crime spree durlrg
whlch he sold his badge 4a alien and drug smuggll� groups. Mafe
- Allarrta: Four molor vehfcle deparlmertt emp9oyees were Indic(ed on
chargss of aecepting bribes in exchange for issuing ear lilles. More
- Ch€c�s�n A caun4y rft41aie1 was ses�kcrar.e�d foa sleerlrtg contracis ln
retur9ry {nr nearby $�5,06� In kickba�ka, �alare \
• L1ttBe Rock: A taunty lreasurer was lra9icted an charges of `
embezzli�g lunds fran his own office. More ',
- 3an Franclsca: A slate senator was among 26 charged wlth various
federal dfeer,sses, IneBudieg firearms lra�ekirg, moreey Baun�rirg,
murder-for-hlre, drug �str8bulion, aed wire fraud. More
- C¢asrlattc: A mayoe vras arrested aHcr an urx�reovcr operatlan
during whlch he sdlclted and accepted brlbes In exchange for lhe
use mf his oHiclal posllion. More
- Indianapmlls: A mayor and his wife were indicled on wire Iraud
charges relaled lo financfal lransaclions imolving his campalgn
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frnm 9ha mn�i9h� nf Pha nffir.ialc im�nl�iari ���,n��ns-� ��e���irn�. F.iar��e.
https://www.fbi.gov/news/stories/2014fj une/publ i c-corruption-update/publ i c-corruptiorrupdate ��2
i0/8/2015 FBI — Public Corruption Update
These techniques—which we�VB b8211� .��eles: A building le�spector was senleneed ta federal prison
using successfully for years agains4 4or 4aktng le�x af lha�ands oi ddlars In Mlbes. More
organized crime—include electronic
surveillance, undercover operations,
and 'enformantslcoopera4ing witnesses.
:ver, investigaYing public corruption is an FBI commi4menl as old as the Bureau itself. When we
e, e founded in 1908, our responsibilities included the investigation of land fraud, which often
involved corrupt public officials.
Because of the nature of public corruption, we work closely wilh the Departmen4 of Justice's Public
Integrity Section and U.S. Attorney's offices 4o ensure laws, guidelines, and protocols are strictly
adhered to during investigaGons.
Where do our cases come from? Sometimes from credible informalion from a Bureau source. Orwe
mighl uncover something about unrelated corrupfion activities during a public corruption investigation
and spin that off into a new case. We receive complaints from citizens. DisgrunUed participants in
corrupGon schemes sometimes come to us and 4ell us what lhey know. And occasionally, ihe cbrrup4
official might self-report, hoping for Beniency from 4he government
And if a determinalion is made thatthe reported activity doesn't rise to the level of federal prosecution,
we can and do refer cases to state attorneys general offices or local proseculors.
Public corruption, though, is notjust an American problem—it plagues countries around the
world. So the FBI offers training Yo foreign law enforcement, prosecu4ors, and judges 4hrough our
International Law EnforcemenY Academy in Budapest, several olher interna4ional academies, and our
National Academy program at Quantico, Virginia.
In the U.S. and abroad, ihe FBI is doing everylhing we can to help ensure thatthe good name of the
vast majority of public servants is not besmirched by a corruptfew.
Resources:,
- More on our public corruption program
Accessibi]i4y � eRulemaking � Freedom of l�sdtrr`sa�r�4ion Act � l.s:};:e$ IVtj[ices � I,c��1 Policies and �ist^taa imers � Links � Privacy Policy � USA.gov � White House
1�1{� �{AE• 3;• an officiaq sitr. �� t�ie [J.S. g;ns-s �'nmenf, U.S. ik$�:��-kment of Justice
�
https://www.fbi.gov/news/stories/2014fjune/public-corruptiorrupdate/public-corruptiorrupdate v2
It's our to priorifiy a�o��. cri���i _�.�.
i�avestig�iions--an� ��r goo�l reaso��..
Public corruption poses a fundamental threat to our national security and way of life. It
impacts everything from how well our borders are secured and our neighborhoods
protected...to verdicts handed down in courts...to the quality of our roads, schools, and
other government services. And it takes a significant toll on our pocketbooks, wasting
billions in tax dollars every year.
The FBI is singularly situated to combat this corruption, with the sldlls and capabilities to
run complex undercover operations and surveillance.
10/8/2015
FBI — Corruption in a Small Texas Town
Home • fdesvs • Sitsri�s. • 2�dt�+ • AiaC�€t5I •�;nnc�^t raE• in a:-`:n�711 �r.xr{;3 I+'�--r�...
Corruption in a Small 7exas Town
Investigation Dismantles Family-Run Criminal Opera4ion
r^ ��9/14
„corruption arresls and conviction's in major metropolitan areas usually gamer a grea4 deal of
national attention. But big cities don't have a monopoly on crooked politicians-4hey can be found
anywhere.
Like Progreso, Texas, a small town a few miles north ofthe U.S.-Mexico border. For almost a decade
—from 2004 40 201 3—several members of the same family, all Progreso government officials, used
their positions it� ex�cd hrii��s and ki�lt#�acks frr�rr� ci�y aoticJ sch�cal distsict service p��rv'tders. Thrtsuy��
their illegal activitic:s, tl9�y �9istorted tS�e; e�:nlract playirtg fic:ld, r,lYz*�[�€� the very ci1'sz�rts they pu�E7art�d
to serve, s4ole education money from lhe children whose educations lhey were supposed to ensure,
and lined their own pockels in the process.
Until the FBI got wind of what was going
on, that is, and opened a case. Our
inves4iga4ion—which included confidential
sources, undercoverscenarios, financial
recard examinafions, and witness
interviews--collected plenty of evidence of
wrongdoing and ultimately led to guilty
pleas by the defendants. And on August
11, 2014, they were all sentenced to
federal prison lerms.
Jose Vela, lhe patriarch ofthe Vela family I i r� �; '�' } F� ;� I
` , ��� 1�nf,�nia,� � Ti��ist�n r � „
and leader ofthe corruption scheme, � t�, N � � , � i „ ? ,�t " �
served as maintenance and transportation ��� �'� 'ta `�{ � r� ���� ,''� _� i na ,�� y r.� S �� p
director for lhe Progreso Irrdependent ���`�y "k` � '�n � � • � � "s �
School District (PISD), which from 2004 to ' ��� ` � '�' ' 1���,��� ����,��'�` �� ������ �
2013 received more than a miAion dollars ���g�r ����,��'��� ��y',�� �,'��u� � �-
per year in federa! program grants and ' 1` � j �, �'�� �r �i� � � ��'
s � �� � 3 i �`� � � � � �v u
funds from the U.S, Department of � , : f� _ � ,, F �� � � ,
Educalion. But Vela's scope of influence � ��� � �,, � s� 'i �� �p q�,�ti� x ' w �� �, ; � '" ��
was much broader lhan his job Gtle � � �
ested, thanks in part to ihe posilions of his sons—Progreso Mayor Omar Vela and Michael Vela,
lentofthe PISD Board ofTrustees.
The elder Vela let it be known 4hat contracts with the school district could be bought, and he accepted
bribes and kickbacks from contractors willing Yo pey. Jose Vela maintained contro! over the PISD and
its board oftrustees through a system of reward and retaliation: He distributed bribe money he
received irom contractors to trustees who voted as he directed; when trustees didn't vote with him, they
were retaliated against—usually demated, transferred, or ultimatePyforced out of their posilions.
\/alo'c in4liianro wiac nn9 ii ic4 nvar 9ha PI.CfI With hic cnnc' haln ha 4nnk hrihac anri kirkhar.kc frnm an�e
# :�. I •. �:�
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https://www.fbi.gov/news/stori es/2014/augusUcorruptian-i n-a-smal I-texas-town/corruption-i rra-sm al I-texas-town
1/2
10/8/2015
FBI — Corruption in a Small Texas Town
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entity—like construction companies and architectural firms—tha4 wanted a public praject contractwith
the ci4y of Progreso. Vela, in effect, crested a"pay to play" contracting environment in the city for such
projecls as municipal parks and Bibraries. He even extrac4ed money from the lawyer who was
supposed to be advising lhe school board.
^�r and Michael Vela assisted theirfather by collecting bribes from contraclors and delivering the
ents to him, keeping a portion for themselves.
A lhird Vela son was sentenced to a federal prison term as well for his rale in a separate but related
scheme. OrBando Vela, employed by the PISD as a risk manager, also headed a company purportedly
in the business of supplying office products to school districts and admitted submitting thousands of
dollars worlh af phony invoices 4o ihe PISD for office supplies never received by the district.
And finally, also caught up in the overall corruption scheme was Jesus Bustos, who admitted to paying
bribes and kickbacks to obtain contracts for his architectural firm. He was senlenced an August 27,
2014.
Public corruption atany Bevel of government cannot be tolerated, and the FBI—uniquely silua4ed to
investigale it wil! conlinue to address these allegations wherever we find them.
Resource:
- Mare on our public corruplion program
ACCPSShIIlIB$Y I CRI1�eY112IC1%lg I FPl'Cfj0811 iA� I9iF6dP'il'9i1t10Y1 AL"'I�. � L.t".��qt tv�ri�ce'^,s � I.�e.ga.1 k'a�la�as.�� and iia �S��a7R1CYS � LH%SIC.S � P%]V3Cy POIICY � USA.gOV � W}11iC HOUSC
I• t3i.,r��ts�.� i; an oe Fi���ad snFr esi: t9u� �.i,S. �c�k�ca�aararcWai, U.S. �!lsartment of.)ustice
Close
https://www.fbi.gov/news/stories/2014/augusUcorruption-in-a-small-texas-town/carruptian-irra-small-texas-town Z2
10/812015
FBI — Public Corruption: Courtroom for Sale
_._ __ ._
Homc • News � Slories • 2013 • September • P;:hlic Com;pl:on: Cc:utmnn�: Ic! Sal�
Public Corruption: Courtroam for Sale
Judge Gets JaiB 7ime in Racketeering Case
04/19/13
ase that exposed widespread corruption in a Soulh Texas county'sjudicial system—reaching all
trie way to ihe district attorney's office—a former state judge was recently sentenced to six years in
prison for taking bribes and kickbacks in return for favorable rulings from his bench.
Abel Limas, 59, a lifelong resident of Brownsville, Texas, served as a police officer and practiced
law before becoming a state judge in Cameron County in 2001. He served eight years on the
bench, during which time he turned his courtroom into a criminal enterprise to line his own
pockets.
"The depth of the corruption was shocking," said Mark Gripka, a special agent in our San Antonio
Division who was parl of the feam that investigated ihe case. "Whatwas more shocking was how
cheaply Judge Limas sold his courtroom—$300 here, $500 lhere—in re4um for a favorable ruling."
There was plenty of big money involved as well. Limas received more than $250,000 in bribes and
kickbacks while he was on the bench. He took money from attorneys with civil cases pending in his
court in return for favorable pre-trial rulings, mosl notably in a case involving a Texas helicop4er crash
that was later setUed for $14 million. Referring to an $8,000 payment Limas received in tha4 case, our
investigators listened on lhe telephone as he described the cash to an accomplice as eightgolf balls.
"Their code language didn't fool anybody," Gripka said.
Evidence also showed that Limas made a deal with the attorneys in ihe helicopter crash case to
become an "of counsel" attorney with the 1irm. He was promised an advance of $100,000 and 10
percent of the serilement—all while the case was slill pending in his court.
Listen
Abel Limas describes plo44o accomplice. Transcrip[
Over a 14-month period beginning in November 2007, invesligators used court-authorized wiretaps to
listen to U�e judge's phone calls. "7haYs when we really learned 4he scope of what he was doing,"
rrioka explained. The judge's nearly $100,000 annual salary was not enough to support his lifestyle,
i included regular gambling irips to Las Vegas.
w c010, when Limas was faced with the overwhelming evidence against him, he began to cooperate
in a wider public corruption investigation—and our agents learned Ihat the Cameron County district
attorney at the time, Armando Villalobos, was also corrupt. The investiga4ion showed, among other
criminal activities, that Villalobos accepted $80,000 in cash in exchange for taking actions that aflowed
a convicted murderer to be released for 60 days without bond prior to reporting to prison. The
miir�iararfailari tn rannN In nricnn anri ramainc a fiinifiva
� • .
By L7ate
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- White-Collar Crime
https://www.fbi.gov/news/stori es/2013/septem ber/publ i c-corrupti on-courtroom-for-sal e/publ i c-corrupti on-courtroom-for-sal e
1/2
10/8/2015 FBI — Public Corruption: Courtroom for Sale
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Limas pled guilty to racketeering in 2071. By that time, he had helped authorities uncover wide-
ranging corruption in the Cameron County judic[al system. To date, 10 other defendants have b2en
convicted by a jury or pled guilty as part of the FBI's six-year investigation, incBuding a former Texas
state represenfative, three attorneys, a former investigator for ihe district attorney's office, and
°"' �Iobos, who is scheduled to be sentenced nexl month on racketeering, extortion, and bribery
es.
"During ihe course ofthis investigation, we interviewed over 800 people, including many local
attorneys in Cameron County," Gripka said. "We hope this case shows everyone that 1he government
will nottolerate officials who violate ihe public 4rust. Fighting pubBic corrupUon is a priority for lhe FBI,"
he added, "and i4 is something we fake very seriously."
Resources
- Press release
Accessfibility � eRulemaking � Freedom csf lnfe>ro�a:�tion Act � Lcg:t! Na�2isc•s ��cy�ra] 3'crl9t.it;ti and iijartc�imers � Links � Privacy Policy � USAgov � White House
i•1;].y;aa�° y�t an offficiaR sitt�c�f°i1t3:• 4,9.S. q,r�s�rrsairrr;a54, U.S. L�eg�artment of Justiee
Close
https://www.fbi.gov/news/stori es/2013/septem ber/pub! ic-corruption-courtroom-for-sal elpubl i c-corruption-courtrwm-far-sal e ?JZ
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