HomeMy WebLinkAboutOrd 244-2006 Anna Code of Ethics.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 244-2006
( Anna Code of Ethics)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS ESTABLISHING A CODE
OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF
WHEREAS, the City of Anna desires for all of its citizens to have confidence in
the integrity, independence and impartiality of those who act on their behalf in
government;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS that this Ordinance be adopted in order to promote
confidence in the government of the City of Anna, and thereby enhance the City's
ability to function effectively.
PART A: DECLARATION OF POLICY
Section 1: Statement of Purpose
It is essential in a democratic system that the public have confidence in the
integrity, independence, and impartiality of those who act on their behalf in
government. Such confidence depends not only on the conduct of those who
exercise official power, but on the availability of aid and redress to all persons on
equal terms and on the accessibility and dissemination of information relating to
the conduct of public affairs. The Anna City Council adopts this Code of Ethics in
order to promote confidence in the government of the City of Anna, and thereby
enhance the City's ability to function effectively. The Code establishes standards
of conduct, disclosure requirements, and enforcement mechanisms relating to
City Officials. The Code also covers others whose actions inevitably affect public
faith in City government, such as former City Officials, candidates for public
office, and persons doing business with the City. By prohibiting conduct
incompatible with the City's best interests and minimizing the risk of any
appearance of impropriety, this Code of Ethics will further the legitimate interests
of democracy.
Section 2: General Definitions
As used in this Code of Ethics, the following words and phrases have the
meaning ascribed to them in this Section, unless the context requires otherwise
or more speck definitions set forth elsewhere in this Code apply:
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Affiliated - Business entities are "Affiliated" if one is the parent or subsidiary of
the other or if they are subsidiaries of the same parent Business Entity.
Affinity — Relationship by "Affinity" is defined in Sections 573.024 and 573.025 of
the Texas Government Code or as amended (See Attachments "A" and "B").
Before the City — Representation or appearance "Before the City" means before
the City Council, or a Board, commission, or other City entity.
Board —A Board, commission, or committee:
(1) Which is established by City Ordinance, City Charter, Inter -local
contract between the City and another Party, or state law; or
(2) Any part of whose membership is appointed by the City Council, but
does not include a Board, commission, or committee that is the
governing body of a separate political subdivision of the state.
(3) The Anna Community Development Corporation and the Anna
Economic Development Corporation are considered Boards for the
purpose of this Code.
Business Entity—"Business Entity" means a sole proprietorship, partnership,
firm, corporation, holding company, joint stock company, receivership, trust,
unincorporated association, or any other business entity recognized by law.
Code of Ethics —"Code of Ethics," "Ethics Code," or "this Code" means Parts A
through H of this Ordinance.
Confidential Government Information —"Confidential Government Information"
is all information held by the City that is not available to the public under the
Public Information Act (Chapter 552, Local Government Code, or as amended,
"the Act"), and any information from a meeting closed to the public pursuant to
the Texas Open Meetings Act (Chapter 551, Local Government Code, or as
amended), regardless of whether disclosure violates the Act and/or the Texas
Open Meetings Act.
City — "City" means the City of Anna, Texas
Consanguinity— Relationship by "Consanguinity" is defined in Sections 573.022
and 573.023 of the Texas Government Code, or as amended. (See Attachment
,.B1
Discretionary Contract — "Discretionary Contract" means any contract other
than those which by law must be awarded on a qualified bid basis.
Economic Interest— "Economic Interest" is legal or equitable property interests
in land, chattels, and intangibles, and contractual rights having a value of more
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than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer,
director, advisor, or otherwise active participant in an educational, religious,
charitable, fraternal, or civic organization does not create for that City Official an
Economic Interest in the property of the organization. "Economic Interest" does
not include the contract and/or business relationship that the City Manager, City
Secretary, City Attorney and/or his law frffn, and/or the Municipal Court Judges
and Magistrates and/or their respective law firms have with the City.
Ownership of an interest in a mutual or common investment fund that holds
securities or other assets is not an Economic Interest in such securities or other
assets unless the person in question participates in the management of the fund.
Gift — A voluntary transfer of property (including the payment of money) or the
conferral of a benefit having monetary value (such as the rendition of services or
the forbearance of collection on a debt), unless consideration of equal or greater
value is received by the donor as quid pro quo.
Indirect Ownership —A person "indirectly owns" an equity interest in a Business
Entity where the interest is held through a series of business entities, some of
which own interests in others.
Matter — Matter is defined as the events or circumstances of a particular
situation.
Official — The term "Official" is defined as the following persons:
(1) The Mayor
(2) Members of the City Council
(3) Municipal Court Judges and Magistrates
(4) The City Manager
(5) The City Secretary
(6) The City Attorney
(7) Members of the temporary or standing, current or future Boards,
Commissions, Governing Bodies, and Boards of Directors when those
Boards, Commissions, Governing Bodies, and Boards of Directors are
appointed in their entirety or partially by the City Council of the City
official Action —"Official Action" is defined as:
(1) any affirmative act (including the making of a recommendation) within
the scope of, or in violation of, an Official's duties, and
(2) any failure to act, if the Official is under a duty to act and knows that
inaction is likely to affect substantially an Economic Interest of the
Official or any person or entity listed in Part B, Sections 1(a)(2) through
1 (a)(8).
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Official Information — "Official Information" is information gathered pursuant to
the power or authority of City.
Partner —'Partner" is defined as partners in general partnerships, limited
partnerships, limited liability partnerships, joint ventures, and any other
partnerships allowed by law.
Personally and Substantially Participated —The requirement of having
"personally and substantially participated" in a Matter is met only if the individual
in fad exercised discretion relating to the Matter. The fact that the person had
responsibility for a Matter does not by itself establish that the person 'personally
and substantially participated" in the Matter.
Representation —"Representation" is defined as all forms of communication and
personal appearances in which a person, not acting in performance of Official
duties, formally or informally, serves as an advocate for private interest,
regardless of whether the Representation is compensated. Lobbying, even on
an informal basis, is a form of Representation. Representation does not include
appearance as a fad witness or uncompensated expert witness in litigation or
other Official proceedings.
Solicitation —"Solicitation" of subsequent employment or business opportunities
is defined as all forms of proposals and negotiations relating thereto.
Section 3: Wording Interpretation
The gender of the wording throughout this Ordinance shall always be interpreted
to mean either sex. All singular words shall include the plural, and all plural
words shall include the singular. All references to the laws of the State of Texas
or the Home Rule Charter, Ordinances, or Resolutions of the City of Anna, Texas
shall mean "as presently enacted or hereafter amended".
PART B: PRESENT CITY OFFICIALS
Section 1: Improper Economic Benefit
(a) General Rule. To avoid the appearance and risk of impropriety, a City
Official shall not take an Official Action that substantially affects in a
positive way the Economic Interest of:
(1) the Official;
(2) his parent, child, stepchild, spouse, or other family member within the
second degree of Consanguinity or Affinity;
(3) his outside Client and/or Customer with any transaction outstanding;
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(A) Client — A Client is someone with whom the Official has a
contractual relationship; a commitment to provide products
and/or professional services from the Official to the Client over
a period of time. The contract could be either short-term or long-
term in nature. The person receiving the services or goods
would be considered a Client of the Official only during the
period covered in the contract.
(B) Customer — A Customer is someone who simply purchases a
productiservice from an Official's business. Customer
relationships are transactional; they rarely require a contract to
complete the sale and the actual business transaction is
completed within minutes. For example, the sale of an
automobile is an example where a contract is signed but the
purchase is transactional in nature, and so the purchaser would
be considered a Customer.
(4) the outside employer of the Official;
(5) a Business Entity in which the Official knows, or should know, that any
of the persons listed in Part B, Section 1(a)(1) or 1(a)(2) hold an
Economic interest;
(6) a Business Entity which the Official knows, or should know, is an
Affiliated business or Partner of a Business Entity in which any of the
persons listed in Part B, Section 1(a)(1) or 1(a)(2) hold an Economic
Interest;
(7) a Business Entity or nonprofit entity for which the City Official serves
as an Officer or director or in any other policy making position; or
(8) a person or Business Entity from whom the Official, directly or
indirectly:
(A) has solicited within the past 24 months an offer of employment
or business opportunities;
(B) has received and not rejected an unsolicited offer of
employment or business opportunities; or
(C) has accepted an offer of employment or business opportunities
which is binding or expected by the parties to be carded out.
(b) Recusal and Disclosure. A City Official whose conduct would otherwise
violate Subsection (a) must recuse himself. From the time that the conflict
is recognized, or should have been recognized, he shall:
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(1) immediately refrain from further participation in the Matter, including
discussions with any persons likely to consider the Matter;
(2) remove himself from the room in which the meeting is being held;
(3) promptly file with the City Secretary the appropriate form for disclosing
the nature and extent of the prohibited conduct; and
(4) a member of a Board shall promptly disclose the conflict to other
members of the Board and shall leave the room during the Board's
discussion of, or voting on, the Matter.
Section 2: Unfair Advancement Of Private Interests
(a) General Rule. A City Official may not use his Official position to grant or
secure, or attempt to grant or secure, for any person (including himself)
any form of special consideration, treatment, exemption, or advantage
beyond that which is lawfully available to other persons. This rule does not
apply to actions taken by a City Official in the legislative process.
(b) Special Rules. The following special rules apply in addition to the general
rule:
(1) Acquisition of interest in Impending Matters. A City Official shall not
acquire an interest in, or be affected by, any contract, transaction,
zoning decision, or other Matter (the "interest"), if the Official knows, or
has reason to know, that the interest will be directly or indirectly
affected by impending Official Action by the City.
(2) Reciprocal Favors. A City Official may not enter into an agreement or
understanding with any other person that Official Action by the Official
will be rewarded or reciprocated by the other person, directly or
indirectly.
(3) Appointment of Relatives. A City Official shall not nominate, appoint or
vote to nominate or appoint any relative within the third degree of
Consanguinity or Affinity to any position of the City.
(4) In any land Matter which comes Before the City Council, Planning and
Zoning Commission, or Board of Adjustments and in which any
member of the City Council or aforementioned Boards and
commissions has a financial interest in any property within two
hundred feet (200') of the Matter before it, such member shall disclose
the existence of the interest by filing a statement with the record
keeper. The member of the City Council, Planning and Zoning
Commission, or Board of Adjustments may speak on the item and
Anna Code of Ethic 1-10-2006 6 1.10-06
thereafter, leave the room. In addition, any state law provision
regarding a conflict of interest shall also be followed.
It is the intention of this provision that the term "land matter" shall be
interpreted broadly to include zoning, permit requests, variances, etc.
(5) No City Council member who is on the Board of a nonprofit
organization may vote on any funding request by that nonprofit
organization, unless the nonprofit organization has a Board of
directors or trustees appointed in whole or in part by the City
Council.
(c) Recusal and Disclosure. A City Official whose conduct would otherwise
violate Part B, Section 2(b) (3) shall adhere to the recusal and disclosure
provisions stated in Part B, Section 1(b).
Section 3: Gifts
(a) General Rule. A City Official shall not solicit, accept, or agree to accept
any Gift or benefit.
(b) Special Applications. Subsection (a) does not include:
(1) a Gift to a City Official relating to a special occasion, such as a
wedding, anniversary, graduation, birth, illness, death, or holiday,
provided that the value of the Gift is fairly commensurate with the
occasion and the relationship between the donor and recipient;
(2) reimbursement of reasonable expenses for travel authorized in
accordance with City policies;
(3) a public award or reward for meritorious service or professional
achievement, provided that the award or reward is reasonable in light
of the occasion;
(4) a loan from a lending institution made in its regular course of business
on the same terms generally available to the public;
(5) a scholarship or fellowship awarded on the same terms and based on
the same criteria that are applied to other applicants;
(B) admission to an event in which the City Official is participating in
connection with Official duties;
(7) lawful campaign contributions;
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(S) attending social functions, ground breakings, or civic events pertinent
to the public relations and operations of the City;
(9) exchanging Gifts with his family and relatives;
(10) exchanging Gifts at church functions or City parties or functions
where only City Officials and their employees are invited or attended;
or
(11) exchanging Gifts or receiving a bonus from their place of full-time
employment.
(d) Gifts to Closely Related Persons. A City Official shall take reasonable
steps to persuade a parent, spouse, child, stepchild, or other relative
within the second degree of Consanguinity or Affinity (see Attachment "B")
not to solicit, accept, or agree to accept any Gift or benefit which would
violate Subsection (a) if the Official solicited, accepted, or agreed to
accept it.
Section 4: Confidential Information
(a) Improper Access. A City Official shall not use his position to secure Official
Information about any person or entity for any purpose other than the
performance of Official responsibilities.
(b) Improper Disclosure or Use. A City Official shall not disclose Confidential
Government Information or use such information to further or impede
anyone's personal interests.
This rule does not prohibit:
(1) any disclosure or use that is authorized or required by law;
(2) the confidential reporting of illegal or unethical conduct to authorities
designated by law.
Section 5: Representation of Private Interests
(a) Representation by a Member of the Board. A City Official who is a
member of a City Board shall not serve as a representative before that
Board or body of any person, group, or entity.
(b) Representation Before the City. A City Official shall not represent any
person, group, or entity, other than himself, or his spouse or minor
children, Before the City.
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(c) Representation in Litigation Adverse to the City.
(1) Salaried Officials. A salaried City Official shall not represent any
person, group, or entity, other than himself, or his spouse or minor
children, in any litigation to which the City is a party, if the interests of
that person, group or entity are adverse to the Interests of the City.
(2) Non -Salaried Officials. A non -salaried Official shall not represent any
person, group, or entity, other than himself, or his spouse or minor
children, in any litigation to which the City is a party, if the interests of
that person, group, or entity are adverse to interests of the City and the
Matter is substantially related to the non -salaried Official's duties to the
City.
Section 6: Public Property and Resources
A City Official shall not use, request, or permit the use of City facilities,
personnel, equipment, or supplies for private purposes (including political
purposes), except:
(a) pursuant to duly adopted City policies, or
(b) to the extent and according to the terms that those resources are lawfully
available to the public.
Section 7: Political Activity
Limitations on the political activities of City Officials are imposed by state law, the
City Charter, and City personnel rules. In addition, the following ethical
restrictions appy:
(a) Influencing Subordinates. A City Official shall not, directly or indirectly,
induce or attempt to induce any subordinate of the Official:
(1) to participate in an election campaign, contribute to a candidate or
political committee, or engage in any other political activity relating to a
particular party, candidate, or issue; or
(2) to refrain from engaging in any lawful political activity, except as
prohibited by the City Charter.
(b) Paid Campaigning. A City Official shall not accept anything of value,
directly or indirectly, for political activity relating to an item pending on the
ballot, if he participated in, or provided advice relating to, the exercise of
discretionary authority by the City Council or a Board that contributed to
the development of the ballot item.
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(c) Official Vehicles. A City Official shall not display or fail to remove
campaign materials on any City Vehicle under his control.
Limitations on the use of public property and resources for political purposes are
imposed by Part B, Section 6-
A general statement merely encouraging another person to vote does not violate
this rule.
Section 8: Actions of Others
(a) Violations by Other City Officials. A City Official shall not knowingly assist
or induce, or attempt to assist or induce, another City Official to violate any
provision in this Code of Ethics.
(b) Using Others to Engage in Forbidden Conduct. A City Official shall not
violate the provisions of this Code of Ethics through the acts of another.
Section 9: Interaction with City Staff
(a) City Councilmembers and Board Member's Interaction with the City
Manager or staff must recognize the lack of authority in any individual City
Councilmember, Board Member or group of City Councilmembers or
Board Members except when explicitly authorized by the City Council or
Board.
(b) City Councilmembers and Board Members will not make public individual
judgments of the performance of the City Manager, his staff, the City
Attorney, the City Secretary, or the Municipal Judge except as authorized
by City policy, ordinance, or the City Charter.
(c) City Councilmembers and Board Members may not attempt to coerce or
intimidate City Employees, interfere with City Employees' duties, or
otherwise circumvent the authority of the City Manager.
Section 10: City Council Interaction with General Public
City Councilmembers' and Board Members' Interaction with the public, press or
other entities must recognize the same limitation as expressed in Section 9 and
the inability of any City Councilmember or Board Member or group of City
Councilmembers or Board Members to speak for the City Council or Board
except when explicitly authorized by the Council, Board, or City Charter.
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Section 11: Prohibited interests in Contracts
(a) Charter Provision. The Charter of the City of Anna, in Section 14.08,
states "No officer, whether elected or appointed, or any employee,
whether full or part-time, of the City may have a substantial financial
interest, direct or indirect, in any contract, other than employment
contracts, with the City; or have a substantial financial interest, direct or
indirect, in the sale to the City of any land, materials, supplies or services,
except on behalf of the City as an officer or employee, except as allowed
by state law. Any willful violation of this Section constitutes malfeasance
in office and any officer or employee found guilty of malfeasance in office
must immediately forfeit his or her office or positron. Any violation of this
Section with the knowledge, express or implied, of the person or the
corporation contracting with the governing body of the City renders the
contract involved voidable by the City Manager or the City Council."
(1) Financial interest. A City Official has a prohibited "financial interest' in
a contract with the City, or in the sale to the City of land, materials,
supplies, or service, if any of the following individuals or entities is a
party to the contract or sale:
(A) the Official;
(B) his parent, chill, stepchild, or spouse;
(C) a Business Entity in which the Official directly or indirectly owns:
(i) ten (10) percent or more of the voting stock or shares of the
Business Entity; or
(ii) ten (10) percent or more of the Business Entity; or
(D) a Business Entity of which any individual or entity listed in Part
B, Section 11(b) (1) or 11(b) (3) is:
(i) a subcontractor on a City contract; or
(ii) an Affiliated business or Partner.
(c) Definitions. For purposes of enforcing Section 14.08 of the City Charter
under the provisions of this Section:
(1) a City "Employee" is any Employee of the City;
(2) a City "Officer' is:
(A) the Mayor or any City Council member,
(8) a Municipal Judge or Magistrate; or
(C) a member of a Board which is more than advisory in function.
The term does not include members of the Board of another
Anna Codc of Ettdc 1-10-2006 11 I -10.1M
governmental entity even if some or all of these members are
appointed by the City.
PART C: FORMER CITY OFFICIALS
Section 1: Continuing Confidentiality
A former City Official shall not use or disclose Confidential Goverment
Information acquired during service as a City Official. This rule does not prohibit:
(a) any disclosure or use that is authorized or required by law-, or
(b) the confidential reporting of illegal or unethical conduct to authorities
designated by law.
Section 2: Subsequent Representation
(a) Representation by a Former Board Member. A person who was a member
of a Board shall not represent before that Board any person, group or
entity for a period of one (1) year after the termination of his Official duties.
(b) Representation Before the City. A former City Official shall not represent
any person, group, or entity, other than himself, or his spouse or minor
children, before the City for a period of one (1) year after termination of his
Official duties, unless hired by the City under the authority granted within
the Charter.
(c) Representation in Litigation Adverse to the City. A former City Official shall
not, absent consent from the City, represent any person, group, or entity,
other than himself, or his spouse or minor children, in any litigation to
which the City is a party, if the interests of that person, group, or entity are
adverse to the interests of the City and the Matter is one in which the
former City Official *Personally and Substantially Participated" prior to
termination of his Official duties.
Section 3: Discretionary contracts
(a) Impermissible Interest in Discretionary Contract or Sale. This Subsection
applies only to contracts or sales made on a discretionary basis, and not
to contracts or sales made on a competitive bid basis. Within one (1) year
of the termination of Official duties, a former City Official shall not have a
financial interest, direct or indirect, in any contract with the City, and shall
not be financially interested, directly or indirectly, in the sale to the City of
any land, materials, supplies, or service. Any violation of this Subsection,
with knowledge, expressed or implied, of the individual or Business Entity
contracting with the City Council shall render the contract involved
An.&CoGenf Ethic. 1-10-2006 12 1-10-06
voidable by the City Manager or the City Council. A former City Official
has a prohibited "financial interest" in a contract with the City, or in the
sale to the City of land, materials, supplies, or service, if any of the
following individuals or entities is a party to the contract or sale:
(1) the former Official;
(2) his parent, child, stepchild, or spouse;
(3) a Business Entity in which the former Official directly or indirectly owns
(A) ten (10) percent or more of the voting stock or shares of the
Business Entity, or
(B) ten (10) percent or more of the fair market value of the Business
Entity; or
(4) a Business Entity of which any individual or entity listed in Part C,
Section 3(a) (1) or 3(a) (3) is:
(A) a subcontractor on a City contract; or
(B) an Affiliated business or Partner.
(b) Prior Participation in Negotiation or Awarding. A former City Official may
not, within one (1) year of the termination of Official duties, perform work
on a compensated basis relating to a Discretionary Contract, if he
"Personalty and Substantially Participated" in the negotiation or awarding
of the contract.
(c) Definitions for purpose of Part C, Section 3(a) of this Ordinance:
(1) A "former City Official" is any person who, immediately prior to
termination of Official duties, was:
(A) the Mayor or a member of the City Council;
(B) a Municipal Judge or Magistrate; or
(C) a member of a Board which is more than advisory in function.
The term "former City Official" does not include a former
member of the Board of another governmental entity even if
some or all of its members were appointed by the City Council.
(2) The term "contract" means any contract other than a contract for the
personal services of the former City Official.
Mna Code of FAi. 1d IFAft 13 r-io-M
(3) The term "service" means any services other than the personal
services of the former Official.
PART D: DISCLOSURES BY LOCAL GOVERNMENT OFFICERS AND
PERSONS DOING BUSINESS WITH THE CITY
Section 1: Definitions
For the purposes of this Part, the following terms are defined:
(a) "Commission" means the Texas Ethics Commission.
(b) "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.
(c) "Local governmental entity" means a county, municipality, school district,
junior college district, or other political subdivision of this state or a local
government, corporation, board, commission, district, or authority to which
a member is appointed by the commissioners court of a county, the mayor
of a municipality, or the governing body of a municipality. The term does
not include an association, corporation, or organization of governmental
entities organized to provide to its members education, assistance,
products, or services or to represent its members before the legislative,
administrative, orjudicial branches of the state or federal government.
(d) "Local government officer" means:
(1) a member of the governing body of a local governmental entity; or
(2) a director, superintendent, administrator, president, or other person
designated as the executive officer of the local governmental entity.
(e) "Records administrator" means the City Secretary.
Section 2: Vendors and Other Persons
(a) This section applies to a person who:
(1) contracts or seeks to contract for the sale or purchase of property,
goods, or services with a local governmental entity; or
(2) is an agent of a person described by Subdivision (1) in the person's
business with a local governmental entity.
a.C.&ofEthlur-rawos 14 1-10-06
(b) A person is not subject to the disclosure requirements of this Part if the
person is:
(1) a state, a political subdivision of a state, the federal government, or a
foreign government; or
(2) an employee of an entity described by Subdivision (1), acting in the
employee's official capacity.
Section 3: Required Disclosure Statement by Local Government Officer
(a) A local government officer shall file a conflicts disclosure statement with
respect to a person described by Texas Local Government Code Section
175.002(a) '1f:
(1) the person has contracted with the local governmental entity or the
local governmental entity is considering doing business with the
person; and
(2) the person:
(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; or
(B) has given to the local government officer or a family member of
the officer one or more gifts, other than gifts of food, lodging,
transportation, or entertainment accepted as a guest, that have
an aggregate value of more than $250 in the 12 -month period
preceding the date the officer becomes aware that:
(i) a contract described by Subdivision (1) has been executed;
or
(ii) the local governmental entity is considering doing business
with the person.
(b) A local government officer shall file the conflicts disclosure statement with
the records administrator of the local governmental entity not later than 5
p.m. on the seventh business day after the date on which the officer
becomes aware of the facts that require the filing of the statement under
Subsection (a).
(c) A local government officer commits an offense if the officer knowingly
violates this section. An offense under this subsection is a Class C
misdemeanor.
AnnBGMc of Hthi� 1-10-2006 15 1-1046
(d) It is a defense to prosecution under Subsection (c) that the person filed
the required conflicts disclosure statement not later than the seventh
business day after the date the person received notice of the violation.
Section 4: Contents of Disclosure Statement
The commission shall adopt the conflicts disclosure statement for local
government officers. The conflicts disclosure statement must include:
(1) a requirement that each local government officer disclose:
(A) an employment or other business relationship described by
Texas Local Government Code Section 176.003(a), including
the nature and extent of the relationship; and
(B) gifts received by the local government officer and any family
member of the officer from a person described by Texas Local
Government Code Section 176.002(a) during the 12 -month
period described by Texas Local Government Code Section
176.003(a)(2)(B) if the aggregate value of the gifts from that
person exceeds $250;
(2) an acknowledgment from the local government officer that:
(A) the disclosure applies to each family member of the officer; and
(B) the statement covers the 12 -month period described by Section
176.003(a)(2)(B); and
(3) the signature of the local government officer aclmowledging that the
statement is made under oath under penalty of perjury.
Section 5: Disclosure Requirements for Vendors and Other Persons
(a) A person described by Section 176.002(a) shall file a completed conflict of
interest questionnaire with the appropriate records administrator not later
than the seventh business day after the date that the person:
(1) begins contract discussions or negotiations with the local governmental
entity; or
(2) submits to the local governmental entity an application, response to a
request for proposals or bids, correspondence, or another writing
related to a potential agreement with the local governmental entity.
Ann. Code of ffiks1-10-21NI6 16 MO -06
(b) The commission shall adopt a conflict of interest questionnaire for use
under this section that requires disclosure of a person's affiliations or
business relationships that might cause a conflict of interest with a local
governmental entity.
(c) The questionnaire adopted under Subsection (b) must require, for the local
governmental entity with respect to which the questionnaire is filed, that
the person filing the questionnaire:
(1) describe each affiliation or business relationship the person has with
each local government officer of the local governmental entity;
(2) identify each affiliation or business relationship described by
Subdivision (1) with respect to which the local government officer
receives, or is likely to receive, taxable income from the person filing
the questionnaire;
(3) identify each affiliation or business relationship described by
Subdivision (1) with respect to which the person filing the questionnaire
receives, or is likely to receive, taxable income that:
(A) is received from, or at the direction of, a local government
officer of the local governmental entity; and
(B) is not received from the local governmental entity;
(4) describe each affiliation or business relationship with a corporation or
other business entity with respect to which a local government officer
of the local governmental entity:
(A) serves as an officer or director; or
(B) holds an ownership interest of 10 percent or more;
(5) describe each affiliation or business relationship with an employee or
contractor of the local governmental entity who makes
recommendations to a local government officer of the local
governmental entity with respect to the expenditure of money;
(6) describe each affiliation or business relationship with a person who:
(A) is a local government officer, and
(B) appoints or employs a local government officer of the local
governmental entity that is the subject of the questionnaire; and
Anna Code ofEthi¢ 1-10-2006 17 1-10-06
(7) describe any other affiliation or business relationship that might cause
a conflict of interest.
(d) A person described by Subsection (a) shall file an updated completed
questionnaire with the appropriate records administrator not later than:
(1) September 1 of each year in which an activity described by Subsection
(a) is pending; and
(2) the seventh business day atter the date of an event that would make a
statement in the questionnaire incomplete or inaccurate.
(e) A person is not required to file an updated completed questionnaire under
Subsection (d)(1) in a year if the person has filed a questionnaire under
Subsection (c) or (d)(2) on or atter June 1, but before September 1, of that
year.
(f) A person commits an offense if the person violates this section. An offense
under this subsection is a Class C misdemeanor.
(g) It is a defense to prosecution under Subsection (f) that the person filed the
required questionnaire not later than the seventh business day after the
date the person received notice of the violation.
Section 6: List of Local Government Officers
The City Secretary shall maintain a list of local government officers of the City
and shall make that list available to the public and any person who may be
required to file a questionnaire under Texas Local Government Code Section
176.006.
Section 7: Electronic Filing
The requirements of this chapter, including signature requirements, may be
satisfied by electronic filing in a form approved by the commission.
Section 8: Posting on the Internet
(a) A local governmental entity shall provide access to the statements and
questionnaires filed under this chapter (?) on the Internet website, if any,
maintained by the local governmental entity.
M.. Code of Elhicl 1-I(1-20 18 1-1046
PART E: MEMBERS OF THE PUBLIC AND OTHERS
Part E applies to current and former City Officials, persons doing business with
the City, and lobbyists, as well as to members of the public and any other person
(including business entities and nonprofit entities).
Section 1: Forma of Responsibility
No person shall induce, attempt to induce, conspire with, aid or assist, or attempt
to aid or assist another person to engage in conduct violative of the obligations
imposed by this Ethics Code.
PART F: ETHICS REVIEW PROCESS
Section 1: Definitions
As used in Part F, the tern "ethics laws" is defined as this Code of Ethics, Article
14 of the City Charter, and Section 171 of the Texas Local Government Code.
The term "ethical violation" is defined as violations of any of these enactments.
Section 2: Complaints
(a) Filing. Any person who believes that there has been a violation of the
ethics laws may file a sworn Complaint with the City Secretary. The
"Complaint" shall:
(1) identify the person or persons who allegedly committed the violation;
(2) provide a statement of the facts on which the Complaint is based;
(3) to the extent possible, identify the rule or rules allegedly violated;
(4) be sworn to in the forth of an affidavit and be based on personal
knowledge of the affiant and be subject to the laws of perjury; and
(5) be filed with the City Secretary before the expiration of 90 days after
the alleged violation has been discovered or reasonably should have
been discovered by the complainant.
The complainant may also recommend other sources of evidence that the
City Attorney should consider and may request a hearing.
(b) Confidentially. No City Official shall reveal information relating to the filing
or processing of a Complaint except as required for the performance of
Official duties. All papers relating to a pending Complaint are confidential.
Anna Code of EWius 1-10-2016 19 1-10-06
(c) Notification. A copy of a Complaint meeting Part F, Section 2(a) shall be
promptly forwarded by the City Secretary to the City Attorney and to the
person charged in the Complaint. The person charged in the Complaint
shall also be provided with a copy of the ethics rules and shall be
informed:
(1) that, within fourteen (14) days of receipt of the Complaint, he may file a
sworn response with the City Secretary;
(2) that failure to file a response does not preclude the City Attorney from
processing the Complaint;
(3) that a copy of any response filed by the person charged in the
Complaint will be provided by the City Secretary to the complainant,
who may within seven (7) days respond by sworn writing filed with the
City Secretary, a copy of which shall be provided by the City Secretary
to the person charged in the Complaint;
(4) that the person charged in the Complaint may request a hearing; and
(5) that City Officials have a duty to cooperate with the City Attorney,
pursuant to Part F, Section 3 of this Code.
(d) Assistance. The City Secretary shall provide information to persons who
inquire about the process for filing a Complaint.
Section 3: Procedure for Complaints Against City Officials.
Within three (3) business days after receipt, it shall be the duty of the City
Attorney (or Ethics Compliance Officer as designated by the City Council in the
case the complaint is made against the City Attorney) to make the initial
determination/evaluation of the Complaint as to whether or not the facts alleged,
if true, would at face value constitute a violation of this Code. If it is determined
by the City Attorney that the facts as alleged would not constitute a violation, then
in accordance with the notice requirements of the Texas Open Meetings Act, the
City Attorney shall present a written report describing in detail the nature of the
Complaint and the findings of the City Attorney to the City Council at its next
regularly scheduled meeting. A majority of those City Councilmembers not
implicated by the allegation(s) may either invoke the investigatory procedure
contained herein or reject the Complaint. Any vote to reject the Complaint shall
be in a public hearing called for that purpose.
If it is determined by the City Attorney that the facts as alleged could constitute a
violation of this Code, then the City Attorney shall, within three (3) business days
after receipt of the Complaint, no* the Mayor and City Council of the existence
and nature of the Complaint. The Mayor or any three (3) members of the City
Anna Cm .Mbit 1-10-2006 20 1-10-06
Council may cause a meeting of the City Council to convene, whether regular or
special, within five (5) business days after being so noted by the City Attorney
to further consider said Complaint in Executive Session to the extent permitted
by the Texas Open Meetings Act. At said meeting, the City Attomey shall present
a written report to the City Council describing in detail the nature of the complaint
and his findings and conclusions as to a possible violation of this Code. In any
event, within two (2) business days after the rendering of said report, the City
Attorney shall select and appoint an independent private attorney to fully
investigate the alleged improprieties. Said attorney shall be selected from a list of
five (5) attorneys appointed by the City Council for these purposes. The City
Council shall appoint such list of attorneys on an as -needed basis. These
attorneys, when assigned by the City Council to investigate a specific Complaint,
shall have all of the powers of investigation as are given to the City Council by
reason of Section 3.16 of the City Charter. The investigating attorney shall report
back to the City Council in writing as soon as possible but in no event more than
fifteen It 5) calendar days from the day of appointment unless an extension is
granted by a majority of the eligible City Councilmembers. Said report shall be
comprehensive in support of the attorney's opinion as to whether or not a
violation of this Code occurred.
The City Council shall consider the findings of said report at the meeting at which
it is presented, at which time the person(s) accused shall have the right to a full
and complete hearing with the opportunity to call witnesses and present evidence
on his behalf. No final action, decision, or vote with regard to any Matter shall be
made except in a meeting which is open to the public.
PART G: ENFORCEMENT MECHANISMS
In addition to other remedies provided by law, the following remedies are
available with respect to violations of this Code of Ethics:
Section 1: Disciplinary Action
City Officials who engage in conduct that violates this Code may be notified,
warned, reprimanded, suspended, or removed from office or employment by the
City Council and disciplinary action under Part G, Section 1 may be imposed in
addition to any other penalty or remedy contained in this Code of Ethics or any
other law.
M.. Cade aMthi. 1-10-2006 21 1-10-06
Section 2: Civil Fine
Any person, whether or not a City Official, who violates any portion of this Code
of Ethics is subject to a fine not exceeding five hundred dollars ($500.00).
Section 3: Prosecution for Perjury
Any person who files a false sworn Complaint under Part F, Section 2(a) of this
Code is subject to criminal prosecution for perjury under the laws of the State of
Texas.
Section 4: Voiding or Ratification of Contract
If an Ethics Review finds that there has been a violation of any provision in
Sections 1 through 11 of Part B; Sections 1 through 3 of Part C; Part D; or Part E
that is related to the awarding of a contract, the City Council must vote on
whether to ratify or void the contract. Such action shall not affect the imposition of
any penalty or remedy contained in this Code of Ethics or any other law.
Section 5: Disqualification from Contracting
(a) Any person (including business entities and non-profit entities) who
intentionally or knowingly violates any provision of Part D (Person Doing
Business with the City) may be prohibited by the City Council from
entering into any contract with the City for a period not to exceed three (3)
years.
(1) It is a violation of this Code of Ethics:
(A) for a person prohibited from entering into a contract with the
City to enter, or attempt to enter, into a contract with the City
during the period of disqualification from contracting; or
(B) for a City Official to knowingly assist a violation of Part G,
Section 5 of this Code.
(b) Nothing in this section shall be construed to prohibit any person from
receiving a service or benefit, or from using a facility, which is generally
available to the public, according to the same terms.
(c) A Business Entity or nonprofit entity may be disqualified from contracting
based on the conduct of an employee or agent, if the conduct occurred
within the scope of the employment or agency.
Anna Code of Ethics 1-10-2006 22 1.10-06
PART H: ADMINISTRATIVE PROVISIONS
Section 1: Other Obligations
This Code of Ethics is cumulative of and supplemental to applicable state and
federal laws and regulations. Compliance with the provisions of this Code shall
not excuse or relieve any person from any obligation imposed by state or federal
law regarding ethics, financial reporting, lobbying activities, or any other issue
addressed herein.
Even if a City Official is not prohibited from taking Official Action by this Code of
Ethics, action may be prohibited by duly promulgated personnel rules, which may
be more stringent.
Section 2: Effective Date
This Code of Ethics shall take effect on May 1, 2006. No person shall be bound
by this Code of Ethics until they have had an opportunity to read and understand
it as a condition of their candidacy for membership as a City Official. Individuals
seated as City Officials at the time this Ordinance is approved by the City Council
shall not be bound by it until such time they reapply for a City Official position, at
which point their signed acknowledgement of receipt and understanding of this
Code shall be a condition of their candidacy for reelection or reappointment.
Section 3: Distribution and Training
(a) At the time of application for a position of City Official, every applicant
shall be furnished with a copy of this Code of Ethics. No application shall
be considered complete without a signed acknowledgement of receipt and
understanding of this Code by the applicant.
(b) The City Attorney or Ethics Compliance Officer as designated by the City
Council shall develop educational materials and conduct educational
programs for the City Officials on the provisions of this Code of Ethics,
Article 14 of the City Charter, and Sedans 171 and 176 of the Texas
Local Government Code. Such materials and programs shall be designed
to maximize understanding of the obligations imposed by these ethics
laws.
Section 4: Severability
If any provision of this Code is found by a court of competent jurisdiction to be
invalid or unconstitutional, or if the application of this Code to any person or
circumstances is found to be invalid or unconstitutional, such invalidity or
unconstitutionally shall not affect the other provisions or applications of this Code
AnnaCc&ofEthics 1-10,2006 23 1-10-06
which can be given effect without the invalid or unconstitutional provision or
application.
READ, CONSIDERED, PASSED AND APPROVED by the City of Anna, Texas,
on this the 10th day of January. 2006.
AYE 6 NAY 0 ABSTAINED 0
ATTEST: APPROVED:
Nathlb Wilkison, City Secretary eth Pelham, Mayor
Anna Co&.ffthmc 1-10.2006 24 1-10-06
ATTACHMENT"A"
Texas Government Code, Sections 573.024 and 573.025
Sec. 573.024. Determination of Affinity
(a) Two individuals are related to each other by affinity if:
(1) they are married to each other; or
(2) the spouse of one of the individuals is related by consanguinity to
the other individual.
(b) The ending of a marriage by divorce or the death of a spouse ends
relationships by affinity created by that marriage unless a child of that
marriage is living, in which case the marriage is considered to continue
as long as a child of that marriage lives.
(c) Subsection (b) applies to a member of the board of trustees of or an
officer of a school district only until the youngest child of the marriage
reaches the age of 21 years.
Added by Ads 1993, 73'" Leg., ch. 268, Sec. 1, effective Sept. 1, 1993.
Amended by Ads 1995, 74'n Leg., ch. 260, Sec. 32, effective May 30, 1995.
Sec. 573.025. Computation of Degree of Affinity
(a) A husband and wife are related to each other in the first degree by
affinity. For other relationships by affinity, the degree of relationship is
the same as the degree of the underlying relationship by
consanguinity. For example: If two individuals are related to each other
in the second degree by consanguinity, the spouse of one of the
individuals is related to the other individual in the second degree by
affinity.
(b) An individual's relatives within the third degree by affinity are:
(1) anyone related by consanguinity to the individual's spouse in one of
the ways named in Section 573.023(c); and
(2) the spouse of anyone related to the individual by consanguinity in
one of the ways named in Section 573.023(c).
Added by Ads 1993, 71n Leg., ch. 268, Sec. 1, effective Sept. 1, 1993.
Anna Code of EWics 1-10-2006 25 1-10-06
ATTACHMENT `°B"
Texas Government Code, Sections 573.022 and 573.023
Including Chart of Consanguinity
Sec. 573.022. Determination of Consanguinity
(a) Two individuals are related to each other by consanguinity if:
(1) one is descendant of the other; or
(2) they share a common ancestor.
(b) An adopted child is considered to be a child of the adoptive parent for
this purpose.
Added by Ads 1993, 7P Leg., ch. 268, Sec. 1, effective Sept. 1, 1993.
Sec. 573.023. Computation of Degree of Consanguinity
(a) The degree of relationship by consanguinity between an individual and
the individual's descendant is determined by the number of
generations that separate them. A parent and child are related in the
first degree, a grandparent and grandchild in the second degree, a
great-grandparent and great-grandchild in the third degree and so on.
(b) If an individual and the individual's relative are related by
consanguinity, but neither is descended from the other, the degree of
relationship is determined by adding:
(1) the number of generations between the individual and the nearest
common ancestor of the individual and the individual's relative; and
(2) the number of generations between the relative and the nearest
common ancestor.
(c) An individual's relatives within the third degree by consanguinity are
the individual's:
(1) parent or child (relatives in the first degree);
(2) brother, sister, grandparent, or grandchild (relatives in the second
degree); and
(3) great-grandparent, great-grandchild, aunt who is a sister of a parent
of the individual, uncle who is a brother of a parent of the individual,
nephew who is a child of a brother or sister of the individual, or
niece who is a chill of a brother or sister of the individual (relatives
in the third degree).
Added by Ads 1993, 73'" Leg., ch. 268, Sec. 1, effective Sept. 1, 1993.
Mna Code of Ethics 1-10-ID06 26 1-10-06
ATTACHMENT"C"
Texas Election Code, Section 252
Chapter 252. CAMPAIGN TREASURER
Sec. 252.001. Appointment of Campaign Treasurer Required
Each candidate and each political committee shall appoint a campaign treasurer
as provided by this chapter.
Amended by Acts 1987, 70°1 Leg., ch. 899, Sec. 1, effective Sept. 1, 1987.
Sec. 252.002. Contents of Appointment
(a) A campaign treasurer appointment must be in writing and include:
(1) the campaign treasurer's name;
(2) the campaign treasurer's residence or business street address;
(3) the campaign treasurers telephone number; and
(4) the name of the person making the appointment.
(b) A political committee that files its campaign treasurer appointment with
the commission must notify the commission in writing of any change in
the campaign treasurers address not later than the 10th day after the
date on which the change occurs.
Amended by Acts 1987, 70°1 Leg., ch. 899, Sec. 1, effective Sept. 1, 9187; Acts 1993,
71a Leg., ch. 107, Sec. 3.05, effective Aug. 20, 1993.
Sec. 252.003. Contents of Appointment by General -Purpose Committee
(a) In addition to the information required by Section 252.002, a campaign
treasurer appointment by a general-purpose committee must include:
(1) the full name, and any acronym of the name that will be used in the
name of the committee as provided by Subsection (d), of each
corporation, labor organization, or other association or legal entity
that directly establishes, administers, or controls the committee, if
applicable, or the name of each person who determines to whom
the committee makes contributions or the name of each person
who determines for what purposes the committee makes
expenditures;
(2) the full name and address of each general-purpose committee to
whom the committee intends to make political contributions; and
Anna Code ofEdics 1-10-2006 27 1-10-06
(3) the name of the committee and, if the name is an acronym, the
words the acronym represents.
(b) If any of the information required to be included in a general-purpose
committee's appointment changes, excluding changes reported under
Section 252.002(b), the committee shall file an amended appointment
with the commission not later than the 30ti day after the date the
change occurs.
(c) The name of a general-purpose committee may not be the same as or
deceptively similar to the name of any other general-purpose
committee whose campaign treasurer appointment is filed with the
commission. The commission shall determine whether the name of a
general-purpose political committee is in violation of this prohibition
and shall immediately notify the campaign treasurer of the offending
political committee of that determination. The campaign treasurer of
the political committee must file a name change with the commission
not later than the 14" day after the date of notification. A campaign
treasurer who fails to file a name change as provided by this
subsection or a political committee that continues to use a prohibited
name after its campaign treasurer has been notified by the commission
commits an offense. An offense under this subsection is a Class B
misdemeanor.
(d) The name of a general-purpose committee must include the name of
each corporation, labor organization, or other association or legal entity
other than an individual that directly establishes, administers, or
controls the committee. The name of an entity that is required to be
included in the name of the committee may be a commonly recognized
acronym by which the entity is known.
Amended by Acts 1987,7e Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Acts 1991,
7e Leg., ch. 304, Sec. 5.02, effective Jan. 1, 1992; Acts 1993, 73"' Leg., ch. 107, Sec.
3.06, effective Aug. 30, 1993.
Sec. 252.0031. Contents of Appointment by Specific -Purpose Committee
(a) In addition to the information required by Section 252.002, a campaign
treasurer appointment by a specific -purpose committee for supporting
or opposing a candidate for an office specified by Section 252.005(1)
must include the name of and the office sought by the candidate. If that
information changes, the committee shall immediately file an amended
appointment reflecting the change.
(b) The name of a specific -purpose committee for supporting a candidate
for an office specified by Section 252.005(1) must include the name of
the candidate that the committee supports.
Anna Code ofEthicS 1-10-2006 28 1-10,06
Added by Acts 1989, 71°1 Leg., ch. 2, Sec. 7.15 (a), effective Aug. 28, 1989. Amended
by Acts 1991, 72nd Leg., ch. 304, Sec. 5. 03, effective Jan. 1, 1992.
Sec. 252.0032. Contents of Appointment by Candidate
(a) In addition to the information required by Section 252.002, a campaign
treasurer appointment by a candidate must include:
(1) the candidate's telephone number; and
(2) a statement, signed by the candidate, that the candidate is aware of
the nepotism law, Chapter 573, Government Code.
(b) A campaign treasurer appointment that is filed in a manner other than
by use of an officially prescribed form is not invalid because it fails to
comply with Subsection (a) (2).
Added by Acts 1989, 71" Leg., ch. 2, Sec. 7.15 (a), effective Aug. 28, 1989. Amended
by Acts 1993, 7P Leg., ch. 107, Sec. 3A.03, effective Aug. 30, 1993; Acts 1995, 7,0
Leg., ch. 76, Sec. 5.95(26), effective Sept. 1, 1995; Acts 1997, 75"' Leg., ch. 1134, Sec.
2, effective Sept. 1, 1997.
Sec. 252.004. Designation of Oneself
An individual may appoint himself as campaign treasurer.
Amended By Acts 1987, 700 Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Acts 1997,
75" Leg., ch. 864, Sec. 238, effective Sept. 1, 1997.
Sec. 252.005. Authority With Whom Appointment Filed: Candidate
An individual must file a campaign treasurer appointment for the individual's own
candidacy with:
(1) the commission, if the appointment is made for candidacy for:
(A) a statewide office;
(B) a district office filled by voters of more than one county;
(C) state senator;
(D) state representative; or
(E) the State Board of Education;
(2) the county clerk, if the appointment is made for candidacy for a county
office, a precinct office, or a district office other than one included in
Subdivision (1);
Anna Code of Ethics 1-10-2006 29 1-10-06
(3) the clerk or secretary of the governing body of the political subdivision
or, if the political subdivision has no clerk or secretary, with the
governing body's presiding officer, if the appointment is made for
candidacy for an office of a political subdivision other than a county;
(4) the county clerk if:
(A) the appointment is made for candidacy for an office of a political
subdivision other than a county;
(B) the governing body for the political subdivision has not been
formed; and
(C) no boundary of the political subdivision crosses a boundary of the
county; or
(5) the commission if:
(A) the appointment is made for candidacy for an office of a political
subdivision other than a county;
(B) the governing body for the political subdivision has not been
formed; and
(C) the political subdivision is situated in more than one county.
Amended by Acts 1987, 70"' Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Acts 1993,
73b Leg., ch. 107, Sec. 3.07, effective Aug. 30, 1993.
Sec. 252.006. Authority With Whom Appointment Filed: Specific -Purpose
Committee for Supporting or Opposing Candidate or Assisting Officeholder
A specific -purpose committee for supporting or opposing a candidate or assisting
an officeholder must file its campaign treasurer appointment with the same
authority as the appointment for candidacy for the office.
Amended by Acts 1987, 70°1 Leg., ch. 899, Sec. 1, effective Sept. 1, 1987.
Sec. 252.007. Authority With Whom Appointment Filed: Specific -Purpose
Committee for Supporting or Opposing Measure
A specific -purpose committee for supporting or opposing a measure must file its
campaign treasurer appointment with:
(1) the commission, if the measure is to be submitted to voters of the
entire state;
(2) the county clerk, if the measure is to be submitted to voters of a single
county in an election ordered by a county authority;
Anna CodeofEthkc 1-1e-2006 30 1.10-06
(3) the secretary of the governing body of the political subdivision or, if the
political subdivision has no secretary, with the governing body's
presiding officer, if the measure is to be submitted at an election
ordered by an authority of a political subdivision other than a county;
(4) the county clerk if:
(A) the measure concerns a political subdivision other than a county;
(B) the governing body for the political subdivision has not been
formed; and
(C) no boundary of the political subdivision crosses a boundary of a
county; or
(5) the commission if.
(A) the measure concerns a political subdivision other than a county;
(B) the governing body for the political subdivision has not been
formed; and
(C) the political subdivision is situated in more than one county.
Amended by Acts 1987, 7e Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Ads 1993,
73' Leg., ch. 107, Sec. 3.08, effective Aug. 30, 1993.
Sec. 252.008_ Multiple Filings by Specific -Purpose Committee not Required
If under this chapter a specific -purpose committee is required to file its campaign
treasurer appointment with more than one authority, the appointment need only
be filed with the commission and, if so filed, need not be filed with the other
authorities.
Amended by Acts 1987, 70' Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Acts 1993,
7r Leg., ch. 107, Sec. 3.09, effective Aug. 30, 1993.
Sec. 252.009. Authority With Whom Appointment Filed: General -Purpose
Committee
A general-purpose committee must file its campaign treasurer appointment with
the commission.
Amended by Acts 1987, 70' Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Acts 1993,
7r Leg., ch. 107, Sec. 3.09, effective Aug. 30, 1993.
A.. Calcar Flhica 1-10.2006 31 1-10-06
Sec. 252.010. Transfer of Appointment
(a) If a candidate who has filed a campaign treasurer appointment decides
to seek a different office that would require the appointment to be filed
with another authority, a copy of the appointment certified by the
authority with whom it was originally filed must be filed with the other
authority in addition to the new campaign treasurer appointment.
(b) The original appointment terminates on the filing of the copy with the
appropriate authority or on the 1016 day after the date the decision to
seek a different office is made, whichever is earlier.
Amended by Acts 1987, 7e Leg., ch. 899, Sec. 1, effective Sept. 1, 1987.
Sec. 252.011. Time Appointment Takes Effect; Period of Effectiveness
(a) A campaign treasurer appointment takes effect at the time it is filed
with the authority specked by this chapter.
(b) A campaign treasurer appointment continues in effect until terminated.
Amended by Acts 1987, 70" Leg., ch. 899, Sec. 1, effective Sept. 1, 1987.
Sec. 252.012. Removal of Campaign Treasurer
(a) A campaign treasurer appointed under this chapter may be removed at
any time by the appointing authority by filing the written appointment of
a successor in the same manner as the original appointment.
(b) The appointment of a successor terminates the appointment of the
campaign treasurer who is removed.
(c) If the campaign treasurer of a specific -purpose political committee
required to file its campaign treasurer appointment with the
commission or of a general-purpose political committee is removed by
the committee, the departing campaign treasurer shall immediately file
written notification of the termination of appointment with the
commission.
Amended by Acts 1987, 70' Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Acts 1993,
7P Leg., ch. 107, Sec. 3.09, effective Aug. 30, 1993.
Sec. 252.013. Termination of Appointment on Vacating Position
(a) If a campaign treasurer resigns or otherwise vacates the position, the
appointment is terminated at he time the vacancy occurs.
Anmc.MU.. 1.10-2006 32 1-10-06
(b) A campaign treasurer who vacates the treasurer's position shall
immediately notify the appointing authority in writing of the vacancy.
(c) If the campaign treasurer of a specific -purpose political committee
required to file its campaign treasurer appointment with the
commission or of a general-purpose political committee resigns or
otherwise vacates the position, the campaign treasurer shall
immediately file written notification of the vacancy with the commission.
Amended by Acts 1987, Ar Leg., ch. 899, Sec. 1, effective Sept. 1, 1987; Acts 1993,
73'd Leg., ch. 107, Sec. 3.09, effective Aug. 30, 1993, Acts 1997, 7e Leg., ch. 864, Sec.
239, et%dive Sept. 1, 1997.
Sec. 252.014. Preservation of Filed Appointments
The authority with whom a campaign treasurer appointment is filed under this
chapter shall preserve the appointment for two years after the date the
appointment is terminated.
Amended by Acts 1987, 7e Leg., ch. 899, Sec. 1, effective Sept. 1, 1987,
Sec. 252.015. Assistant Campaign Treasurer
(a) Each specific -purpose committee for supporting or opposing a
candidate for an office specified by Section 252.005(1) or a statewide
or district measure and each general-purpose committee may appoint
an assistant campaign treasurer by written appointment filed with the
commission.
(b) In the campaign treasurer's absence, the assistant campaign treasurer
has the same authority as a campaign treasurer.
(c) Sections 252.011, 252.012, 252.013, and 252.014 apply to the
appointment and removal of an assistant campaign treasurer.
Amended by Ads 1987, 70° Leg., ch. 899, Sec. 1, effedive Sept. 1, 1987; Acts 1993,
73" Leg., ch. 107, Sec. 3.09, effective Aug. 30, 1993.
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