2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle B - Ethics › Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest › Subchapter A. General Provisions › Section 572.002. General Definitions

Sec. 572.002.  GENERAL DEFINITIONS.  In this chapter:
(1)  "Appointed officer" means:
(A)  the secretary of state;
(B)  an individual appointed with the advice and consent of the senate to the governing board of a state-supported institution of higher education;
(C)  an officer of a state agency who is appointed for a term of office specified by the Texas Constitution or a statute of this state, excluding an appointee to a vacated elective office;  or
(D)  an individual who is a member of the governing board or commission of a state agency, who is not appointed, and who is not otherwise:
(i)  an elected officer;
(ii)  an officer described by Paragraphs (A) through (C);  or
(iii)  an executive head of a state agency.
(2)  "Business entity" means any entity recognized by law through which business for profit is conducted, including a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, or trust.
(3)  "Commission" means the Texas Ethics Commission.
(4)  "Elected officer" means:
(A)  a member of the legislature;
(B)  an executive or judicial officer elected in a statewide election;
(C)  a judge of a court of appeals or of a district court;
(D)  a member of the State Board of Education;
(E)  a district attorney or criminal district attorney;  or
(F)  an individual appointed to fill a vacancy in an office or appointed to a newly created office who, if elected to the office instead of appointed, would be an elected officer under this subdivision.
(5)  "Executive head of a state agency" means the director, executive director, commissioner, administrator, chief clerk, or other individual who is appointed by the governing body or highest officer of the state agency to act as the chief executive or administrative officer of the agency and who is not an appointed officer.  The term includes the chancellor or highest executive officer of a university system and the president of a public senior college or university as defined by Section 61.003, Education Code.
(6)  "State party chair" means the state chair of any political party receiving more than two percent of the vote for governor in the most recent general election.
(7)  "Person" means an individual or a business entity.
(8)  "Regulatory agency" means any department, commission, board, or other agency, except the secretary of state and the comptroller, that:
(A)  is in the executive branch of state government;
(B)  has authority that is not limited to a geographical portion of the state;
(C)  was created by the Texas Constitution or a statute of this state;  and
(D)  has constitutional or statutory authority to engage in regulation.
(9)  "Salaried appointed officer" means an appointed officer who receives or is authorized to receive a salary for state service but not a per diem or other form of compensation.
(10)  "State agency" means:
(A)  a department, commission, board, office, or other agency that:
(i)  is in the executive branch of state government;
(ii)  has authority that is not limited to a geographical portion of the state;  and
(iii)  was created by the Texas Constitution or a statute of this state;
(B)  a university system or an institution of higher education as defined by Section 61.003, Education Code, other than a public junior college;  or
(C)  a river authority created under the Texas Constitution or a statute of this state.
(11)  "State employee" means an individual, other than a state officer, who is employed by:
(A)  a state agency;
(B)  the Supreme Court of Texas, the Court of Criminal Appeals of Texas, a court of appeals, or the Texas Judicial Council;  or
(C)  either house of the legislature or a legislative agency, council, or committee, including the Legislative Budget Board, the Texas Legislative Council, the State Auditor's Office, and the Legislative Reference Library.
(11-a)  "State judge" means:
(A)  a judge, former judge, or retired judge of an appellate court, a district court, a constitutional county court, a county court at law, or a statutory probate court of this state;
(B)  an associate judge appointed under Chapter 201, Family Code, or a retired associate judge or former associate judge appointed under that chapter;
(C)  a magistrate or associate judge appointed under Chapter 54 or 54A;
(D)  a justice of the peace; or
(E)  a municipal court judge.
(12)  "State officer" means an elected officer, an appointed officer, a salaried appointed officer, an appointed officer of a major state agency, or the executive head of a state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 12, Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1253 (H.B. 1945), Sec. 1, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 190 (S.B. 42), Sec. 18, eff. September 1, 2017.