reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 575 - Acceptance of Gift by State Agency › Section 575.001. Definitions

Sec. 575.001.  DEFINITIONS.  In this chapter:
(1)  "Gift" means a donation of money or property.
(2)  "State agency" means a board, commission, council, committee, department, office, agency, or other governmental entity in the executive or judicial branch of state government.  The term does not include an institution of higher education as defined by Section 61.003, Education Code.
Added by Acts 1997, 75th Leg., ch. 336, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 575 - Acceptance of Gift by State Agency › Section 575.002. Gifts of $500 or More

Sec. 575.002.  GIFTS OF $500 OR MORE.  This chapter applies only to a gift that has a value of $500 or more.
Added by Acts 1997, 75th Leg., ch. 336, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 575 - Acceptance of Gift by State Agency › Section 575.003. Acceptance of Gift by State Agency Governing Board

Sec. 575.003.  ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING BOARD.  A state agency that has a governing board may accept a gift only if the agency has the authority to accept the gift and a majority of the board, in an open meeting, acknowledges the acceptance of the gift not later than the 90th day after the date the gift is accepted.
Added by Acts 1997, 75th Leg., ch. 336, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 143, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 575 - Acceptance of Gift by State Agency › Section 575.004. Record of Gift

Sec. 575.004.  RECORD OF GIFT.  A state agency that accepts a gift must record the name of the donor, a description of the gift, and a statement of the purpose of the gift in:
(1)  the minutes of the governing board of the agency;  or
(2)  appropriate agency records, if the agency does not have a governing board.
Added by Acts 1997, 75th Leg., ch. 336, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 575 - Acceptance of Gift by State Agency › Section 575.005. Acceptance of Gift From Party to Contested Case Prohibited

Sec. 575.005.  ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED CASE PROHIBITED.  A state agency may not accept a gift from a person who is a party to a contested case before the agency until the 30th day after the date the decision in the case becomes final under Section 2001.144.  In this section, "contested case" has the meaning assigned by Section 2001.003.
Added by Acts 1997, 75th Leg., ch. 336, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 576 - Prohibition on Appropriation of Money to Settle or Pay Sexual Harassment Claims › Section 576.0001. Prohibition on Appropriation of Money to Settle or Pay Sexual Harassment Claims

Sec. 576.0001.  PROHIBITION ON APPROPRIATION OF MONEY TO SETTLE OR PAY SEXUAL HARASSMENT CLAIMS.  The legislature may not appropriate money and a state agency may not use appropriated money to settle or otherwise pay a sexual harassment claim made against a person who:
(1)  is an elected member of the executive, legislative, or judicial branch of state government;
(2)  is appointed by the governor to serve as a member of a department, commission, board, or other public office within the executive, legislative, or judicial branch of state government; or
(3)  serves as staff for a person described by Subdivision (1) or (2).
Added by Acts 2021, 87th Leg., R.S., Ch. 551 (S.B. 282), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.001. Delivery of Certain Books, Papers, and Documents to Successor

Sec. 601.001.  DELIVERY OF CERTAIN BOOKS, PAPERS, AND DOCUMENTS TO SUCCESSOR.  (a)  On leaving office, an officer shall deliver all books, papers, and documents relating to the office to the officer's successor.
(b)  In this section, "officer" includes:
(1)  each officer selected under the laws of this state;  and
(2)  a member of a board or commission created by state law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.002. Performance of Duties by First Assistant or Chief Deputy

Sec. 601.002.  PERFORMANCE OF DUTIES BY FIRST ASSISTANT OR CHIEF DEPUTY.  (a)  The first assistant or chief deputy of a public office in which a physical vacancy occurs shall conduct the affairs of the office until a successor qualifies for the office.
(b)  The authority of a first assistant or chief deputy to discharge the duties of an office under Subsection (a) ceases when the successor to the office qualifies for the office.
(c)  If the vacancy occurs during a legislative session and the successor to the office is subject to senate confirmation, the authority of the first assistant or chief deputy to discharge the duties of an office under Subsection (a) ceases on the earlier of:
(1)  the end of the last day of the session;  or
(2)  the end of the 21st day after the day the person began discharging the duties of the office.
(d)  This section does not apply to a vacancy on a board or commission.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 8.14, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.003. Regular Term of State, District, County, or Precinct Office

Sec. 601.003.  REGULAR TERM OF STATE, DISTRICT, COUNTY, OR PRECINCT OFFICE.  (a)  The regular term of an elective state, district, county, or precinct office begins on January 1 of the year following the general election for state and county officers.
(b)  A person elected to a regular term of office shall qualify and assume the duties of the office on, or as soon as possible after, January 1 of the year following the person's election.
(c)  This section does not apply to the office of governor, lieutenant governor, state senator, or state representative.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.004. Person Elected to Unexpired Term of State, District, County, or Precinct Office

Sec. 601.004.  PERSON ELECTED TO UNEXPIRED TERM OF STATE, DISTRICT, COUNTY, OR PRECINCT OFFICE.  A person who receives a certificate of election to an unexpired term of an office is entitled to qualify for and assume the duties of the office immediately and shall take office as soon as possible after the receipt of the certificate of election, subject to Section 212.0331, Election Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1144, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.005. Governor to Commission State or County Officers

Sec. 601.005.  GOVERNOR TO COMMISSION STATE OR COUNTY OFFICERS.  (a)  The governor shall issue a commission to each state or county officer, other than the governor, the lieutenant governor, a state senator, or a state representative, who qualifies for office.
(b)  The secretary of state shall perform ministerial duties incidental to administer this section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.006. Certified Statement of Persons Elected to County or Precinct Offices

Sec. 601.006.  CERTIFIED STATEMENT OF PERSONS ELECTED TO COUNTY OR PRECINCT OFFICES.  (a)  On or immediately after January 1 after a general election for state and county officers, each county clerk shall deliver to the secretary of state a certified statement that contains for each person elected to a county or precinct office in the election:
(1)  the name of the person;
(2)  the office to which the person was elected;  and
(3)  the date the person qualified for the office.
(b)  The secretary of state shall prescribe necessary forms for the statement and instructions for delivery of the statement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.007. Evidence of Qualification for Office

Sec. 601.007.  EVIDENCE OF QUALIFICATION FOR OFFICE.  On demand of a citizen of this state, the comptroller, a commissioners court, a county treasurer, or any other officer of the state or of a municipality who is authorized by law to make, order, or audit payment to an officer of the state, of a county, or of a municipality of compensation, fees, or perquisites for official services shall, before making, ordering, or auditing the payment, require the officer to produce:
(1)  the certificate of election or of appointment to the office that is required by law to be issued to the officer;  or
(2)  a certified copy of the judgment or decree that:
(A)  was issued by a court of competent jurisdiction;  and
(B)  determined the officer's claim to the office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.37, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.008. Unauthorized Officers

Sec. 601.008.  UNAUTHORIZED OFFICERS.  (a)  An officer or court of this state or of a municipality may not make, order, allow, or audit payment of a person's claim for compensation, fees, perquisites, or services as an officer of the state or of the municipality unless the person:
(1)  has been:
(A)  lawfully elected as the officer and determined to be elected to the office by the canvass conducted of the election for the office;
(B)  appointed as the officer by the lawful appointing authority;  or
(C)  adjudged to be the officer by a state court of competent jurisdiction;  and
(2)  has qualified as the officer under law.
(b)  A person who has not been elected or appointed to an office or has not qualified for office, as prescribed by Subsection (a), is not entitled to:
(1)  receive payment for services as the officer;  or
(2)  exercise the powers or jurisdiction of the office.
(c)  The official acts of a person who claims a right to exercise the power or jurisdiction of an office contrary to this section are void.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.009. Elected Officer Must Be Registered Voter

Sec. 601.009.  ELECTED OFFICER MUST BE REGISTERED VOTER.  (a)  A person may not qualify for a public elective office unless the person is a registered voter.
(b)  Subsection (a) does not apply to an office for which the federal or state constitution prescribes exclusive qualification requirements.
(c)  Subsection (a) does not apply to a member of the governing body of a district created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution.
Added by Acts 2015, 84th Leg., R.S., Ch. 504 (H.B. 484), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 601 - Election and Office Holding › Section 601.011. Vacancy on Final Felony Conviction of Member of Legislature, Governor, or State Elected Official

Sec. 601.011.  VACANCY ON FINAL FELONY CONVICTION OF MEMBER OF LEGISLATURE, GOVERNOR, OR STATE ELECTED OFFICIAL.  A member of the legislature, the governor, or a state elected official convicted of a felony vacates the member's, governor's, or official's office on the date the conviction becomes final.
Added by Acts 2017, 85th Leg., R.S., Ch. 443 (S.B. 500), Sec. 2, eff. June 6, 2017.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 602 - Administration of Oaths › Section 602.001. Definition

Sec. 602.001.  DEFINITION.  In this chapter, "oath" includes the oath in an affidavit.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 602 - Administration of Oaths › Section 602.003. Oath Made Outside Texas but Inside United States

Sec. 602.003.  OATH MADE OUTSIDE TEXAS BUT INSIDE UNITED STATES.  An oath made outside this state but inside the United States or its territories may be administered and a certificate of the fact given by:
(1)  a clerk of a court of record having a seal;
(2)  a commissioner of deeds appointed under a law of this state;  or
(3)  a notary public.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 602 - Administration of Oaths › Section 602.004. Oath Made Outside United States

Sec. 602.004.  OATH MADE OUTSIDE UNITED STATES.  An oath made outside the United States and its territories may be administered and a certificate of the fact given by:
(1)  a minister, commissioner, or charge d'affaires of the United States who resides in and is accredited to the country where the oath or affidavit is made;
(2)  a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who resides in the country where the oath or affidavit is made;  or
(3)  a notary public.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 602 - Administration of Oaths › Section 602.005. Oath Made by Member of Armed Forces or by Member's Spouse

Sec. 602.005.  OATH MADE BY MEMBER OF ARMED FORCES OR BY MEMBER'S SPOUSE.  (a)  A commissioned officer of the United States armed forces or of a United States armed forces auxiliary may administer an oath made by a member of the armed forces, a member of an armed forces auxiliary, or a member's spouse and may give a certificate of the fact.
(b)  Unless there is pleading or evidence to the contrary, a certificate signed under this section that is offered in evidence establishes that:
(1)  the commissioned officer who signed was a commissioned officer on the date the officer signed;  and
(2)  the person who made the oath or affidavit was a member of the armed forces or an armed forces auxiliary or was a member's spouse when the oath was made.
(c)  An oath is not invalid because the commissioned officer who certified the oath did not attach an official seal to the certificate.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 602 - Administration of Oaths › Section 602.006. Oath of Office

Sec. 602.006.  OATH OF OFFICE.  An oath of office may be administered and a certificate of the fact given by a member of the legislature.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 602 - Administration of Oaths › Section 602.007. Filing of Oath Made by Certain Judicial Officers and Judicial Appointees

Sec. 602.007.  FILING OF OATH MADE BY CERTAIN JUDICIAL OFFICERS AND JUDICIAL APPOINTEES.  The oath made and signed statement executed as required by Section 1, Article XVI, Texas Constitution, by any of the following judicial officers and judicial appointees shall be filed with the secretary of state:
(1)  an officer appointed by the supreme court, the court of criminal appeals, or the State Bar of Texas;
(2)  an associate judge appointed under Subchapter B or C, Chapter 201, Family Code; and
(3)  a retired or former judge on the list maintained by the presiding judge of an administrative judicial region under Section 74.055.
Added by Acts 2017, 85th Leg., R.S., Ch. 912 (S.B. 1329), Sec. 4.01, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 5.008, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.001. Definition

Sec. 603.001.  DEFINITION.  In this chapter, "document" includes any instrument, paper, or other record.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.002. Copies of Documents Available to Public

Sec. 603.002.  COPIES OF DOCUMENTS AVAILABLE TO PUBLIC.  The secretary of state, Commissioner of the General Land Office, comptroller, commissioner of agriculture, Banking Commissioner, state librarian, or attorney general:
(1)  shall furnish to a person on request a certified copy, under seal, of any document in the officer's office that is available under law to that person;  and
(2)  may not demand or collect a fee from an officer of the state for a copy of any document in the respective offices or for a certificate in relation to a matter in the respective offices if the copy is required in the performance of an official duty of the office of the state officer requesting the copy.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.38, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.003. Copies for Claims Relating to Military Service

Sec. 603.003.  COPIES FOR CLAIMS RELATING TO MILITARY SERVICE.  (a)  A county clerk, district clerk, or other public official on request shall furnish without cost to a person or the person's guardian, dependent, or heir one or more certified copies of a document that is in the custody of or on file in the county clerk's, district clerk's, or other public official's office if:
(1)  the person or the person's guardian, dependent, or heir is eligible to make a claim against the United States government because of service in the United States armed forces or an auxiliary service, including the maritime service or the merchant marine;  and
(2)  the document is necessary to prove the claim.
(b)  The issuance of a certified copy under this section may not be considered in determining the maximum fee of the office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.004. Fees for Certificates or Copies of Documents

Sec. 603.004.  FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS.  (a)  Except as otherwise provided by law, the secretary of state, land commissioner, comptroller, commissioner of agriculture, Banking Commissioner, state librarian, attorney general, or other officer of the state or a head of a state department shall collect the following fees for the following services:
(1)  a copy, other than a photographic copy, of a document in an office in English, for each page or fraction of a page, $1.50;
(2)  a copy, other than a photographic copy, of a document in an office in a language other than English, for each page or fraction of a page, $2;
(3)  a translated copy of a document in an office, the greater of $.03 for each word or $5;
(4)  a copy of a plat or map in an office, a fee the officer of the office in which the copy is made may establish with reference to the amount of labor, supplies, and materials required;  or
(5)  a sealed certificate affixed to a copy, including a certificate affixed to a photographic copy, $1.
(b)  The state librarian may charge for a photographic copy a fee determined by the Texas State Library and Archives Commission with reference to the amount of labor, supplies, and materials required.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.005. Fee for Acknowledgment

Sec. 603.005.  FEE FOR ACKNOWLEDGMENT.  An officer who is authorized by law to take acknowledgment or proof of a deed or other written instrument shall receive the same fee a notary public may receive for the same service.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.006. Fee Book

Sec. 603.006.  FEE BOOK.  An officer who by law may charge a fee for a service shall keep a fee book and shall enter in the book all fees charged for services rendered.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.007. Bill for Fees

Sec. 603.007.  BILL FOR FEES.  A fee under this chapter is not payable to a person until a clerk or officer produces, or is ready to produce, a bill in writing containing the details of the fee to the person who owes the fee.  The bill must be signed by the clerk or officer to whom the fee is due or who charges the fee or by the successor in office or legal representative of the clerk or officer.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.008. Posting of Fees Required

Sec. 603.008.  POSTING OF FEES REQUIRED.  A county judge, clerk of a district or county court, sheriff, justice of the peace, constable, or notary public shall keep posted at all times in a conspicuous place in the respective offices a complete list of fees the person may charge by law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.009. Disposition of Fees

Sec. 603.009.  DISPOSITION OF FEES.  (a)  Except as provided by this section, an officer required to collect a fee under Section 603.004 shall deposit the fee in the state treasury to the credit of the general revenue fund.
(b)  Repealed by Acts 1999, 76th Leg., ch. 62, Sec. 7.61, eff. Sept. 1, 1999.
(c)  The Texas Employment Commission shall deposit fees in accordance with federal law.
(d)  The Texas State Library and Archives Commission shall retain fees collected under this chapter by the state librarian.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.61, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 603 - Provision of Documents and Fees of Office › Section 603.010. Overcharging of Fees; Penalty

Sec. 603.010.  OVERCHARGING OF FEES;  PENALTY.  An officer named in this chapter who demands and receives a higher fee than authorized under this chapter or a fee that is not authorized under this chapter is liable to the aggrieved person for four times the amount unlawfully demanded and received.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 604 - Official Bonds › Section 604.001. Filing of Official Bond

Sec. 604.001.  FILING OF OFFICIAL BOND.  An officer required by law to give an official bond shall file the bond with the officer's oath of office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 604 - Official Bonds › Section 604.002. Sureties

Sec. 604.002.  SURETIES.  An officer shall execute the officer's official bond with:
(1)  two or more good and sufficient sureties;  or
(2)  a solvent surety company authorized to do business in this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 604 - Official Bonds › Section 604.003. Depository of Bond of Certain Officers

Sec. 604.003.  DEPOSITORY OF BOND OF CERTAIN OFFICERS.  (a)  Except as provided by Subsection (b) or other law, the officer approving the bond of an officer required by law to give an official bond payable to the governor or the state shall deposit the bond with the comptroller.
(b)  The governor shall deposit the official bond of the comptroller with the secretary of state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.08(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 604 - Official Bonds › Section 604.004. Copy of Certain Bonds to Be Filed With Secretary of State

Sec. 604.004.  COPY OF CERTAIN BONDS TO BE FILED WITH SECRETARY OF STATE.  A member of the governing body of a political subdivision created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution who is required by law to file an official bond shall file a copy of the individual's bond with the secretary of state not later than the 10th day after the date the bond is required by law to be filed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 604 - Official Bonds › Section 604.005. Bond Not Void on First Recovery

Sec. 604.005.  BOND NOT VOID ON FIRST RECOVERY.  (a)  The official bond of a state, county, or precinct officer is not void on first recovery.
(b)  An injured party may sue separately on a bond until the bond is exhausted.
(c)  In no event may the surety be liable for more than the penal sum of the surety bond minus any amounts already paid out under the bond.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 604 - Official Bonds › Section 604.006. Bond Inures to Persons Aggrieved

Sec. 604.006.  BOND INURES TO PERSONS AGGRIEVED.  In a suit arising from the defalcation of a public officer or the misapplication or misappropriation of money by a public officer, the official bond of the officer inures to the benefit of a person aggrieved by the defalcation or misapplication or misappropriation occurring in the period covered by the bond.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 604 - Official Bonds › Section 604.007. Limitation

Sec. 604.007.  LIMITATION.  For purposes of limitation, a suit on an official bond of a public officer arising from the defalcation of the officer or the misapplication or misappropriation of money by the officer is an action for debt founded on a contract in writing governed by Section 16.004, Civil Practice and Remedies Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 605 - Eight-Hour Workday › Section 605.001. Eight-Hour Workday for Certain Public Works

Sec. 605.001.  EIGHT-HOUR WORKDAY FOR CERTAIN PUBLIC WORKS.  Eight hours of work in a calendar day constitute a day's work for a laborer, worker, or mechanic employed by or on behalf of the state or a political subdivision of the state for the construction, repair, or improvement of a building, bridge, road, highway, stream, or levee or for other similar work.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 605 - Eight-Hour Workday › Section 605.002. Length of Workday; Emergency Work

Sec. 605.002.  LENGTH OF WORKDAY;  EMERGENCY WORK.  (a)  In a contract for any work made by or on behalf of the state or a legal or political subdivision of the state eight hours constitutes a day's work.
(b)  The time spent by a worker in going to and from the workplace is not a part of the hours of work.
(c)  A person having a contract with the state or a legal or political subdivision of the state may not require or permit a laborer, worker, or mechanic to work more than eight hours in a calendar day, except:
(1)  in employment to which the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) applies;
(2)  in an emergency that may arise in a time of war;
(3)  to protect property or human life;
(4)  for the housing of inmates of a public institution in case of fire or destruction by the elements;  or
(5)  for work financed in whole or part by the federal government or any of its agencies in which the total number of hours a week required or permitted of a worker does not exceed the number of hours a week allowed by federal regulation.
(d)  A laborer, worker, or mechanic who works in an emergency described by Subsection (c) more than eight hours in a calendar day is entitled to be paid according to the workday provided by Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 605 - Eight-Hour Workday › Section 605.003. Criminal Offense

Sec. 605.003.  CRIMINAL OFFENSE.  (a)  A person or officer, agent, or employee of the person commits an offense if the person or officer, agent, or employee of the person violates any provision of this chapter.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $1,000 and confinement in jail for not more than six months or both a fine and confinement.
(c)  Each day a person violates a provision of this chapter is a separate offense.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 605 - Eight-Hour Workday › Section 605.004. Federal Labor Standards Act Exemption

Sec. 605.004.  FEDERAL LABOR STANDARDS ACT EXEMPTION.  An employer who complies with the overtime provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.) is considered to comply with the eight-hour day requirements of this chapter and is not civilly or criminally liable for a violation of the requirements.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter A. General Provisions › Section 606.001. Definitions

Sec. 606.001.  DEFINITIONS.  In this chapter:
(1)  "Social security coverage" means federal old-age, survivors, and disability insurance benefits under 42 U.S.C. Chapter 7, Subchapter II.
(2)  "Federal Insurance Contributions Act" means 26 U.S.C. Chapter 21.
(3)  "Political subdivision" includes:
(A)  a county;
(B)  a municipality;  or
(C)  an instrumentality of the state, of another political subdivision, or of the state and another political subdivision:
(i)  that is a juristic entity that is legally separate and distinct from the state or political subdivision;  and
(ii)  whose employees are not employees of the state or political subdivision.
(4)  "Retirement system" means the Employees Retirement System of Texas.
(5)  "Secretary" means the United States Secretary of Health and Human Services or an individual designated by the secretary to administer coverage of the Social Security Act to employees of a state and its political subdivisions.
(6)  "Social Security Act" means Chapter 7, Title 42, United States Code (42 U.S.C. Section 301 et seq.), including regulations and requirements adopted under that chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter A. General Provisions › Section 606.002. Administration of Chapter

Sec. 606.002.  ADMINISTRATION OF CHAPTER.  The executive director of the retirement system shall direct and administer the functions of the retirement system under this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter A. General Provisions › Section 606.003. Agreements With Secretary

Sec. 606.003.  AGREEMENTS WITH SECRETARY.  (a)  The retirement system may enter into agreements with the secretary to obtain social security coverage for employees of the state or a political subdivision.
(b)  An agreement between the retirement system and the secretary may contain any appropriate provision, including a provision relating to coverage, benefits, contributions, effective date, modification, and administration.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.021. Definitions

Sec. 606.021.  DEFINITIONS.  In this subchapter:
(1)  "Employee" includes an officer of a political subdivision.
(2)  "Employment" means service performed by an employee of a political subdivision except service:
(A)  that in the absence of an agreement under this subchapter would constitute employment under the Social Security Act;
(B)  that under the Social Security Act may not be included in an agreement between the retirement system and the secretary;  or
(C)  as a police officer in a position that, at the time the agreement is made, is subject to another retirement system of a municipality with a population of 250,000 or more, according to the most recent federal census before the date of the agreement.
(3)  "Wages" means all remuneration for employment, including the cash value of all remuneration paid other than by cash.  The term does not include remuneration that does not constitute "wages" under the Federal Insurance Contributions Act.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.022. Agreements With Political Subdivisions

Sec. 606.022.  AGREEMENTS WITH POLITICAL SUBDIVISIONS.  (a)  The retirement system and the governing body of a political subdivision that is eligible under the Social Security Act may enter into an agreement to obtain social security coverage for the employees of the political subdivision.
(b)  An agreement between the retirement system and the governing body:
(1)  must include a provision that an action of the federal government may not impair or impede a retirement program of this state or a political subdivision;  and
(2)  may include any other appropriate provision, including a provision relating to coverage benefits, contributions, effective date, modification of the agreement, and administration.
(c)  The retirement system shall prescribe the terms of agreements necessary to:
(1)  carry out this subchapter;  and
(2)  insure the financial responsibility of the participating political subdivisions.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.023. Rules

Sec. 606.023.  RULES.  The retirement system shall adopt rules that it finds necessary to govern the application for and the eligibility of employees of a political subdivision to obtain social security coverage.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.024. Plan for Coverage

Sec. 606.024.  PLAN FOR COVERAGE.  (a)  To obtain social security coverage for its employees, a political subdivision must submit a plan for approval by the retirement system.
(b)  The retirement system shall approve a plan if the retirement system finds that the plan:
(1)  conforms to the retirement system's rules;
(2)  conforms to federal law and agreements made between the federal government and the states;
(3)  specifies the source of funds from which payments will be made and guarantees that this source will be adequate;
(4)  provides methods for proper and efficient administration by the political subdivision that are found by the retirement system to be necessary;
(5)  provides that the political subdivision will:
(A)  report information at a time and in a form required by the retirement system;  and
(B)  comply with requirements of the retirement system or federal authorities for the receipt, correctness, and verification of reports;  and
(6)  specifies the personnel of the political subdivision who are responsible for making assessments, collections, and reports.
(c)  The retirement system may not refuse to approve a submitted plan unless the retirement system gives the submitting political subdivision reasonable notice and an opportunity for a hearing.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.025. Guarantees for Payment

Sec. 606.025.  GUARANTEES FOR PAYMENT.  The retirement system by rule may require guarantees to create adequate security that a political subdivision will be financially responsible for its payments for at least the minimum period required by federal requirements to precede social security coverage cancellation.  The guarantees may be in the form of:
(1)  surety bonds;
(2)  advance payments into an escrow account;
(3)  detailed representations and assurances of priority dedication;  or
(4)  another legal undertaking.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.026. Contributions by Political Subdivision

Sec. 606.026.  CONTRIBUTIONS BY POLITICAL SUBDIVISION.  (a)  The governing body of a political subdivision may make contributions under an agreement to obtain social security coverage.
(b)  The maximum compensation provided by statute for a county employee is not exceeded by the payment of a matching contribution by a political subdivision to obtain social security coverage for the employee.
(c)  An instrumentality of the state that receives a direct legislative appropriation may contribute, for employees covered under Subtitle C, Title 8, only funds specifically appropriated for social security coverage.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.027. Procedure for Making Contributions

Sec. 606.027.  PROCEDURE FOR MAKING CONTRIBUTIONS.  (a)  In accordance with state and federal requirements, a political subdivision that has an approved plan for social security coverage shall:
(1)  make deductions from wages of employees whose services are covered by the plan;  and
(2)  pay matching contributions from the funds from which covered employees receive their compensation.
(b)  The employment or continued employment of an employee covered by an approved plan of a political subdivision is consideration for the deductions.
(c)  An employee or a political subdivision is not relieved from liability for a contribution if the political subdivision fails to deduct the contribution from the employee's wages.
(d)  The county treasurer, or the person who acts as treasurer in a political subdivision other than a county, shall assess and collect the required contributions and transmit the contributions in accordance with federal requirements for the filing of reports and the payment of contributions.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.028. Administrative Expenses

Sec. 606.028.  ADMINISTRATIVE EXPENSES.  (a)  As agreed by the retirement system and the governing body of a political subdivision that has an approved plan, the retirement system shall require the political subdivision to pay the subdivision's proportionate share of the state administrative expenses for this subchapter by:
(1)  an annual fee for the political subdivision;
(2)  an annual fee for each employee covered;
(3)  an amount equal to a percentage of the contributions made to federal authorities;  or
(4)  any other equitable measure.
(b)  A political subdivision may make payment for administrative expenses under this section from any available fund not otherwise dedicated.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle A - Provisions Generally Applicable to Public Officers and Employees › Chapter 606 - Social Security › Subchapter B. Coverage for Employees of Political Subdivisions › Section 606.029. Delinquent Payments

Sec. 606.029.  DELINQUENT PAYMENTS.  (a)  The retirement system may require in an agreement with a political subdivision that interest be paid on delinquent payments.
(b)  The retirement system may bring suit to collect a delinquent payment and interest on the payment.
(c)  The retirement system may direct the comptroller to deduct a delinquent payment and interest from funds payable by the state to the delinquent political subdivision that are expressly subject to deduction.  The comptroller shall send to the retirement system in trust the amount deducted for the contribution of the delinquent political subdivision.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.39, eff. Sept. 1, 1997.