reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.158. Preliminary Review: Initiation

Sec. 161.158.  PRELIMINARY REVIEW:  INITIATION.  (a)  The standing preliminary review committee shall promptly conduct a preliminary review on receipt of a written complaint that is in compliance with the form requirements of Section 161.155.
(b)  The standing preliminary review committee shall determine in writing whether the commission has jurisdiction over the violation of the ethics code provision alleged in a sworn complaint processed under Section 161.156.
(c)  If the standing preliminary review committee determines that the commission has jurisdiction, the committee shall issue a notice under Section 161.156(b) that must include:
(1)  a statement that the commission has jurisdiction over the violation alleged in the complaint;
(2)  a statement of whether the complaint will be processed as a Category One violation or a Category Two violation, subject to reconsideration as provided for by Section 161.154;
(3)  the date by which the respondent is required to respond to the notice;
(4)  a copy of the complaint and the rules of procedure of the commission;
(5)  a statement of the rights of the respondent;
(6)  a statement inviting the respondent to provide to the commission any information relevant to the complaint; and
(7)  a statement that a failure to timely respond to the notice will be treated as a separate violation.
(d)  If the standing preliminary review committee determines that the commission does not have jurisdiction over the violation alleged in the complaint, the committee shall:
(1)  dismiss the complaint; and
(2)  not later than the 14th day after the date of the dismissal, send to the complainant and the respondent written notice of the dismissal and the grounds for the dismissal.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.159. Preliminary Review: Response by Respondent

Sec. 161.159.  PRELIMINARY REVIEW:  RESPONSE BY RESPONDENT.  (a)  If the alleged violation is a Category One violation:
(1)  the respondent must respond to the notice required by Section 161.156(b) not later than the 14th day after the date the respondent receives the notice; and
(2)  if the matter is not resolved by agreement between the standing preliminary review committee and the respondent before the 30th day after the date the committee receives the respondent's response to the notice given under Section 161.156(b), the committee shall set the matter for a preliminary review hearing to be held at the next committee meeting.
(b)  If the alleged violation is a Category Two violation:
(1)  the respondent must respond to the notice required by Section 161.156(b) not later than the 14th day after the date the respondent receives the notice under Section 161.156(b); and
(2)  if the matter is not resolved by agreement between the standing preliminary review committee and the respondent before the 30th day after the date the committee receives the respondent's response to the notice given under Section 161.156(b), the committee shall set the matter for a preliminary review hearing to be held at the next committee meeting.
(c)  A respondent's failure to timely respond as required by Subsection (a)(1) or (b)(1) is a Category One violation.
(d)  The response required by Subsection (a) or (b) must include any challenge the respondent seeks to raise to the commission's exercise of jurisdiction.  In addition, the respondent may:
(1)  acknowledge the occurrence or commission of a violation;
(2)  deny the allegations contained in the complaint and provide evidence supporting the denial; or
(3)  agree to enter into an assurance of voluntary compliance or other agreed order, which may include an agreement to immediately cease and desist.
(e)  If the standing preliminary review committee sets the matter for a preliminary review hearing, the committee shall promptly send to the complainant and the respondent written notice of the date, time, and place of the preliminary review hearing.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 9, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 75 (S.B. 334), Sec. 2, eff. May 18, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.160. Preliminary Review: Written Questions

Sec. 161.160.  PRELIMINARY REVIEW:  WRITTEN QUESTIONS.  During a preliminary review, the commission staff may submit to the complainant or respondent written questions reasonably intended to lead to the discovery of matters relevant to the investigation.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.161. Preliminary Review and Preliminary Review Procedures

Sec. 161.161.  PRELIMINARY REVIEW AND PRELIMINARY REVIEW PROCEDURES.  The commission shall adopt procedures for the conduct of preliminary reviews and preliminary review hearings.  The procedures must include:
(1)  a reasonable time for responding to questions submitted by the commission and commission staff and subpoenas issued by the commission; and
(2)  the tolling or extension of otherwise applicable deadlines where:
(A)  the commission issues a subpoena and the standing preliminary review committee's meeting schedule makes it impossible both to provide a reasonable time for response and to comply with the otherwise applicable deadlines; or
(B)  the commission determines that, despite the standing preliminary review committee's diligence and the reasonable cooperation of the respondent, a matter is too complex to resolve within the otherwise applicable deadlines without compromising either the committee's investigation or the rights of the respondent.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.162. Preliminary Review Hearing: Procedure

Sec. 161.162.  PRELIMINARY REVIEW HEARING:  PROCEDURE.  (a)  The standing preliminary review committee shall conduct a preliminary review hearing if:
(1)  following the preliminary review, the standing preliminary review committee and the respondent cannot agree to the disposition of the complaint; or
(2)  the respondent in writing requests a hearing.
(b)  The standing preliminary review committee shall provide written notice to the complainant and the respondent of the date, time, and place the committee will conduct the preliminary review hearing.
(c)  At or after the time the standing preliminary review committee provides notice of a preliminary review hearing, the committee may submit to the complainant and the respondent written questions and require those questions to be answered under oath within a reasonable time.  After receiving answers to any questions submitted to the complainant under this subsection and before the preliminary review hearing, the committee shall provide the respondent both the questions and the answers to the questions submitted by the complainant.  This subsection may not be construed to require a person to give evidence that violates the person's right against self-incrimination under the United States Constitution or the Texas Constitution.
(d)  On the request of the respondent, the standing preliminary review committee shall request that any information in the possession or control of the complainant, including exculpatory information, that is directly related to the complaint be provided the respondent and the committee.
(e)  During a preliminary review hearing, the standing preliminary review committee:
(1)  may consider all submitted evidence related to the complaint;
(2)  may review any documents or material related to the complaint; and
(3)  shall determine whether there is credible evidence that provides cause for the committee to conclude that a violation within the jurisdiction of the commission has occurred.
(f)  During a preliminary review hearing, the respondent may appear before the standing preliminary review committee with the assistance of counsel, if desired by the respondent, and present any relevant evidence, including a written statement.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.164. Formal Hearing: Standard of Evidence

Sec. 161.164.  FORMAL HEARING:  STANDARD OF EVIDENCE.  During a formal hearing, the commission shall determine by a preponderance of the evidence whether a violation within the jurisdiction of the commission has occurred.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.165. Formal Hearing: Subpoenas and Witnesses

Sec. 161.165.  FORMAL HEARING:  SUBPOENAS AND WITNESSES.  (a)  A subpoena or other request to testify shall be served sufficiently in advance of the scheduled appearance at a formal hearing to allow a reasonable period, as determined by the commission, for the person subpoenaed to prepare for the hearing and to employ counsel if desired.
(b)  Except as provided by Section 161.166(a)(1), the commission may order that a person may not, except as specifically authorized by the presiding officer, make public the name of a witness subpoenaed by the commission before the date of that witness's scheduled appearance.
(c)  A witness may read a written statement or present a brief oral opening statement at a formal hearing, subject to the rules of evidence applicable to a contested case under Section 2001.081, Government Code.
(d)  A person whose name is mentioned or who is identified or referred to in testimony or in statements made by a commission member, commission staff member, or witness and who reasonably believes that the statement tends to adversely affect the person's reputation may:
(1)  request to appear personally before the commission to testify in the person's own behalf; or
(2)  file a sworn statement of facts relevant to the testimony or statement that the person believes adversely affects the person's reputation.
(e)  A witness who testifies at a formal hearing must be sworn.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.166. Formal Hearing: Procedure

Sec. 161.166.  FORMAL HEARING:  PROCEDURE.  (a)  Not later than the 10th day before the date of a scheduled formal hearing or on the granting of a motion for discovery by the respondent, the commission shall provide to the respondent:
(1)  a list of proposed witnesses to be called at the hearing;
(2)  copies of all documents expected to be introduced as exhibits at the hearing; and
(3)  a brief statement as to the nature of the testimony expected to be given by each witness to be called at the hearing.
(b)  The respondent may not be compelled to give evidence or testimony that violates the respondent's right against self-incrimination under the United States Constitution or the Texas Constitution.
(c)  The commission shall adopt rules governing discovery, hearings, and related procedures consistent with this chapter and Chapter 2001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.167. Formal Hearing: Resolution

Sec. 161.167.  FORMAL HEARING:  RESOLUTION.  (a)  At the conclusion of the formal hearing or not later than the 40th day after the date of the formal hearing, the commission may convene a meeting and by motion shall issue:
(1)  a final decision stating the resolution of the formal hearing; and
(2)  a written report stating the commission's findings of fact, conclusions of law, and recommendation of imposition of a civil penalty, if any.
(b)  Six members of the commission are required for a quorum at a formal hearing.
(c)  Not later than the 14th day after the date the commission issues the final decision and written report, the commission shall:
(1)  send a copy of the decision and report to the complainant and to the respondent; and
(2)  make a copy of the decision and report available to the public during reasonable business hours.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.168. Status of Complaint

Sec. 161.168.  STATUS OF COMPLAINT.  (a)  The commission shall keep an information file about each sworn or other complaint filed with the commission.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the commission;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.
(c)  In addition to the notice required by Sections 161.156 and 161.167, the commission, at least quarterly until final disposition of a complaint, shall notify the person who filed the complaint and each person who is a subject of the complaint of the status of the sworn complaint.
(d)  The commission shall resolve a complaint within three months of its receipt unless it makes a determination that additional time is required to resolve the matter.  On a determination that additional time is required, the commission may extend the investigation in three-month increments.  Each extension requires separate approval by the commission.
(e)  If the commission does not resolve the matter within three months or within an authorized extension, the complaint shall be deemed to have been dismissed without prejudice.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.169. Extension of Deadline

Sec. 161.169.  EXTENSION OF DEADLINE.  The commission may, on its own motion or on the reasonable request of a respondent, extend any deadline for action relating to a sworn complaint, preliminary review hearing, or formal hearing.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.170. Subpoena

Sec. 161.170.  SUBPOENA.  (a)  In connection with a formal hearing, the commission, as authorized by this chapter, may subpoena and examine witnesses and documents that directly relate to a sworn complaint.
(b)  In connection with a preliminary review, the commission, for good cause and as authorized by this chapter, may subpoena documents and witnesses on application by the commission staff and a motion adopted by a vote of at least five members of the commission, for the purpose of attempting to obtain from the documents or witnesses specifically identified information, if the commission reasonably believes that the specifically identified information:
(1)  is likely to be determinative as to whether the subject of an investigation has violated a provision of the ethics code;
(2)  can be determined from the documents or is known by the witnesses; and
(3)  is not reasonably available through a less intrusive means.
(c)  The commission shall adopt procedures for the issuance of subpoenas under this section.
(d)  Section 2001.089, Government Code, applies to a subpoena issued under this subchapter.  On the request of the respondent, the commission shall subpoena any information in the possession or control of any person identified in the request, including exculpatory information, that is directly related to the complaint and provide the information to the respondent.
(e)  A copy of a subpoena issued under this section must be delivered to the respondent.
(f)  At the written request of at least five members of the commission, a peace officer shall serve a subpoena of the commission in the manner prescribed for service of a district court subpoena.
(g)  If a person to whom a subpoena is directed refuses to appear, refuses to answer inquiries, or fails or refuses to produce books, records, or other documents that were under the person's control when the demand was made, the commission shall report that fact to a district court in the county.  The district court shall enforce the subpoena by attachment proceedings for contempt in the same manner as the court enforces a subpoena issued by the court.
(h)  A respondent has the right to quash a subpoena in a district court in the county as provided by law.
(i)  A subpoenaed witness who attends a commission hearing is entitled to the same mileage and per diem payments as a witness who appears before a grand jury.  A person who provides subpoenaed documents to the commission is entitled to reimbursement from the commission for the person's reasonable cost of producing the documents.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.171. Status of Complainant

Sec. 161.171.  STATUS OF COMPLAINANT.  The complainant is not a party to a preliminary review, preliminary review hearing, or formal hearing under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.172. Applicability of Other Acts

Sec. 161.172.  APPLICABILITY OF OTHER ACTS.  (a)  Except as provided by Section 161.173(b), Chapter 552, Government Code, does not apply to documents or any additional evidence relating to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint.
(b)  Chapter 551, Government Code, does not apply to the processing, preliminary review, preliminary review hearing, or resolution of a sworn complaint, but does apply to the conduct of a formal hearing under Sections 161.164-161.167.  Chapter 551, Government Code, does not apply to the deliberation by the commission regarding a contested complaint following the conclusion of a formal hearing, but does apply to the meeting at which the commission issues a final decision stating the resolution of the final hearing.
(c)  Subchapters C-H, Chapter 2001, Government Code, apply only to a formal hearing under this subchapter, the resolution of a formal hearing, and the appeal of a final order of the commission, and only to the extent consistent with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 160 (H.B. 2002), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter D. Complaint Procedures and Hearings › Section 161.174. Availability of Commission Orders on Internet

Sec. 161.174.  AVAILABILITY OF COMMISSION ORDERS ON INTERNET.  (a)  As soon as practicable following a preliminary review, preliminary review hearing, or formal hearing at which the commission determines that a person has committed a violation within the commission's jurisdiction, the commission shall make available on the Internet:
(1)  a copy of the commission's order stating the determination; or
(2)  a summary of the commission's order.
(b)  This section does not apply to a determination of a violation that is technical or de minimis.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.201. Order

Sec. 161.201.  ORDER.  The commission may:
(1)  issue and enforce a cease and desist order to stop a violation;
(2)  issue an affirmative order to require compliance with the laws administered and enforced by the commission; and
(3)  issue an order of public censure with or without a civil penalty imposed under Section 161.202.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.202. Civil Penalty for Delay or Violation

Sec. 161.202.  CIVIL PENALTY FOR DELAY OR VIOLATION.  (a)  The commission may impose a civil penalty of not more than $500 for each delay in complying with a commission order.
(b)  The commission may impose a civil penalty of not more than $4,000 for a violation of the ethics code adopted by the commission.
(c)  A penalty paid under this section shall be deposited to the credit of the general fund of the county.
(d)  This section is cumulative of any other available sanctions under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.203. Waiver or Reduction of Penalty

Sec. 161.203.  WAIVER OR REDUCTION OF PENALTY.  (a)  A person may request the waiver or reduction of a civil penalty by submitting an affidavit to the commission that states the filer's reasons for requesting a waiver or reduction.
(b)  The commission may waive or reduce a civil penalty if the commission finds that a waiver or reduction is in the public interest and in the interest of justice.  The commission shall consider the following before acting to waive or reduce a civil penalty:
(1)  the facts and circumstances supporting the person's request for a waiver or reduction;
(2)  the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the penalty;
(3)  any history of previous violations by the person;
(4)  the demonstrated good faith of the person, including actions taken to rectify the consequences of the violation;
(5)  the penalty necessary to deter future violations; and
(6)  any other matter that justice may require.
(c)  After hearing the waiver request, the commission may affirm, reduce, or waive the civil penalty.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.204. Notification of Regulatory or Supervisory Entity

Sec. 161.204.  NOTIFICATION OF REGULATORY OR SUPERVISORY ENTITY.  The commission may notify the appropriate regulatory or supervisory entity, including any agency, the State Commission on Judicial Conduct, or the State Bar of Texas, of a violation of the ethics code adopted by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.205. Civil Penalty for Frivolous or Bad-Faith Complaint

Sec. 161.205.  CIVIL PENALTY FOR FRIVOLOUS OR BAD-FAITH COMPLAINT.  (a)  The commission may impose a civil penalty of not more than $4,000 for the filing of a frivolous or bad-faith complaint.  In this subsection, "frivolous complaint" means a complaint that is groundless and brought in bad faith or is groundless and brought for the purpose of harassment.
(b)  In addition to other penalties, the respondent may commence a civil action on the respondent's own behalf against any person who filed a frivolous complaint against the respondent.  Any action under this chapter shall be brought in a district court in the county.  The court may award costs and attorney's fees.
(c)  A person may file a sworn complaint with the commission, in accordance with Section 161.155, alleging that a complaint relating to that person filed with the commission is frivolous or brought in bad faith.  A complaint may be filed under this subsection without regard to whether the complaint alleged to be frivolous or brought in bad faith is pending before the commission or has been resolved.  The commission shall act on a complaint made under this subsection as provided by Subchapter D.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.206. Factors Considered for Assessment of Sanction

Sec. 161.206.  FACTORS CONSIDERED FOR ASSESSMENT OF SANCTION.  The commission shall consider the following factors in assessing a sanction:
(1)  the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation;
(2)  the history and extent of previous violations;
(3)  the demonstrated good faith of the violator, including actions taken to rectify the consequences of the violation;
(4)  the penalty necessary to deter future violations; and
(5)  any other matters that justice may require.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.207. Appeals

Sec. 161.207.  APPEALS.  (a)  A respondent may appeal the decision by filing a petition in a district court in the county within 30 days after the date of the decision.
(b)  An appeal brought under this section is not limited to questions of law, and the substantial evidence rule does not apply.  The action shall be determined by trial de novo.  The reviewing court shall try all issues of fact and law in the manner applicable to other civil suits in this state but may not admit in evidence the fact of prior action by the commission or the nature of that action, except to the limited extent necessary to show compliance with statutory provisions that vest jurisdiction in the court.  A party is entitled, on demand, to a jury determination of any issue of fact on which a jury determination is available in other civil suits in this state.
(c)  If the district court renders judgment for the petitioner, and the petitioner is a county employee, the court may order reinstatement of the county employee, payment of back pay, or other appropriate relief.
(d)  If the district court renders judgment for the petitioner, the court may order appropriate relief, including costs and attorney's fees.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.208. Delivery of Record to Reviewing Court

Sec. 161.208.  DELIVERY OF RECORD TO REVIEWING COURT.  (a)  After service of the petition on the commission and within the time permitted for filing an answer or within additional time allowed by the court, the commission shall send to the reviewing court the original or a certified copy of the entire record of the proceeding under review.
(b)  The record shall be filed with the clerk of the court.  The record may be shortened by stipulation of all parties to the review proceedings.  The court may assess additional costs against a party who unreasonably refuses to stipulate to limit the record, unless the party pays all costs of record preparation.
(c)  The court may require or permit later corrections or additions to the record.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.209. Cost of Preparing Commission Record

Sec. 161.209.  COST OF PREPARING COMMISSION RECORD.  (a)  The commission may require a party who appeals a final decision under Section 161.207 to pay one-half of the cost of preparation of the original or a certified copy of the record of the commission proceeding that is required to be sent to the reviewing court.
(b)  A charge imposed under this section is a court cost and may be assessed by the court in accordance with the Texas Rules of Civil Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter E. Enforcement › Section 161.210. Collections

Sec. 161.210.  COLLECTIONS.  The county attorney may collect a fine or other penalty imposed by the commission under this chapter in the same manner as provided for the collection of a debt owed to the county.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter F. Dissolution of Commission › Section 161.301. Petition for Dissolution of Commission

Sec. 161.301.  PETITION FOR DISSOLUTION OF COMMISSION.  If, after an ethics commission created pursuant to Section 161.052 has been in effect for at least one year, 10 percent of the qualified voters of the county petition the commissioners court to dissolve the commission, the commissioners court shall call an election to determine whether the commission will be dissolved.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter F. Dissolution of Commission › Section 161.302. Dissolution Election

Sec. 161.302.  DISSOLUTION ELECTION.  (a)  An election under this subchapter must be held in the manner provided for an election to create a county ethics commission.
(b)  The ballot for the election shall be printed to provide for voting for or against the proposition:  "Dissolution of the county ethics commission."
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter F. Dissolution of Commission › Section 161.303. Dissolution of Commission

Sec. 161.303.  DISSOLUTION OF COMMISSION.  If the proposition is approved by a majority of the qualified voters voting at the election, the commissioners court shall declare the result and by order dissolve the ethics commission.  A copy of the order dissolving the commission shall be placed in the minutes of the court's proceedings.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 161 - County Ethics Commission in Certain Counties › Subchapter F. Dissolution of Commission › Section 161.304. Saving Provisions

Sec. 161.304.  SAVING PROVISIONS.  The dissolution of a county ethics commission under this subchapter does not affect:
(1)  the prior operation of the ethics code adopted by the commission or any prior action taken under it; or
(2)  any penalty, forfeiture, or punishment incurred for a violation of the ethics code before the effective date of the dissolution.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 170 - Miscellaneous Provisions Affecting County Officers and Employees › Section 170.001. Regulation of Certain Use of Privately Owned Vehicles

Sec. 170.001.  REGULATION OF CERTAIN USE OF PRIVATELY OWNED VEHICLES.  (a)  The commissioners court of a county may adopt rules prohibiting or regulating the use of a privately owned motor vehicle for the performance of county business or law enforcement duties by a sheriff or constable or a deputy of a sheriff or constable.
(b)  This section does not authorize a commissioners court to adopt rules relating to the private use of a privately owned motor vehicle.
Added by Acts 1999, 76th Leg., ch. 644, Sec. 2, eff. Sept. 1, 1999.  Redesignated from Local Government Code Sec. 240.096 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 170 - Miscellaneous Provisions Affecting County Officers and Employees › Section 170.002. Code of Ethics for Certain Commissioners Courts

Sec. 170.002.  CODE OF ETHICS FOR CERTAIN COMMISSIONERS COURTS.  (a)  This section applies to a county that has a population of less than 50,000 that is adjacent to a county with a population of more than 3.3 million.
(b)  The commissioners court of a county subject to this section may adopt by order a code of ethics that provides standards of conduct for members of the commissioners court.
(c)  If a commissioners court of a county subject to this section adopts a code of ethics under this section, the code of ethics must require each member of the commissioners court to file a conflicts disclosure statement that is in addition to the statement required by Section 176.003.
Added by Acts 2019, 86th Leg., R.S., Ch. 1070 (H.B. 1495), Sec. 6, eff. June 14, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 138, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.001. Definitions

Sec. 171.001.  DEFINITIONS.  In this chapter:
(1)  "Local public official" means a member of the governing body or another officer, whether elected, appointed, paid, or unpaid, of any district (including a school district), county, municipality, precinct, central appraisal district, transit authority or district, or other local governmental entity who exercises responsibilities beyond those that are advisory in nature.
(2)  "Business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.002. Substantial Interest in Business Entity

Sec. 171.002.  SUBSTANTIAL INTEREST IN BUSINESS ENTITY.  (a)  For purposes of this chapter, a person has a substantial interest in a business entity if:
(1)  the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity;  or
(2)  funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year.
(b)  A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more.
(c)  A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 561, Sec. 37, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 849, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.0025. Application of Chapter to Member of Higher Education Authority

Sec. 171.0025.  APPLICATION OF CHAPTER TO MEMBER OF HIGHER EDUCATION AUTHORITY.  This chapter does not apply to a board member of a higher education authority created under Chapter 53, Education Code, unless a vote, act, or other participation by the board member in the affairs of the higher education authority would provide a financial benefit to a financial institution, school, college, or university that is:
(1)  a source of income to the board member; or
(2)  a business entity in which the board member has an interest distinguishable from a financial benefit available to any other similar financial institution or other school, college, or university whose students are eligible for a student loan available under Chapter 53, Education Code.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 41(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.003. Prohibited Acts; Penalty

Sec. 171.003.  PROHIBITED ACTS;  PENALTY.  (a)  A local public official commits an offense if the official knowingly:
(1)  violates Section 171.004;
(2)  acts as surety for a business entity that has work, business, or a contract with the governmental entity; or
(3)  acts as surety on any official bond required of an officer of the governmental entity.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.004. Affidavit and Abstention From Voting Required

Sec. 171.004.  AFFIDAVIT AND ABSTENTION FROM VOTING REQUIRED.  (a)  If a local public official has a substantial interest in a business entity or in real property, the official shall file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:
(1)  in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or
(2)  in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.
(b)  The affidavit must be filed with the official record keeper of the governmental entity.
(c)  If a local public official is required to file and does file an affidavit under Subsection (a), the official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the members of the governmental entity of which the official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.005. Voting on Budget

Sec. 171.005.  VOTING ON BUDGET.  (a)  The governing body of a governmental entity shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a member of the governing body has a substantial interest.
(b)  Except as provided by Section 171.004(c), the affected member may not participate in that separate vote.  The member may vote on a final budget if:
(1)  the member has complied with this chapter; and
(2)  the matter in which the member is concerned has been resolved.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 171.006 and amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.006. Effect of Violation of Chapter

Sec. 171.006.  EFFECT OF VIOLATION OF CHAPTER.  The finding by a court of a violation under this chapter does not render an action of the governing body voidable unless the measure that was the subject of an action involving a conflict of interest would not have passed the governing body without the vote of the person who violated the chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 171.008 by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.007. Common Law Preempted; Cumulative of Municipal Provisions

Sec. 171.007.  COMMON LAW PREEMPTED;  CUMULATIVE OF MUNICIPAL PROVISIONS.  (a)  This chapter preempts the common law of conflict of interests as applied to local public officials.
(b)  This chapter is cumulative of municipal charter provisions and municipal ordinances defining and prohibiting conflicts of interests.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.