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 159 - Financial Disclosure by County Officers and Employees › Subchapter C. Financial Disclosure by County Judicial Officers › Section 159.055. Public Access to Statements and Related Records

Sec. 159.055.  PUBLIC ACCESS TO STATEMENTS AND RELATED RECORDS.  (a)  Except as provided by Subsection (b), a financial statement filed under this subchapter or a document filed under Section 159.052(b) is a public record.  The county clerk or the commission shall maintain the financial statements or documents in a manner that is accessible to the public during regular business hours.
(b)  The county clerk or the commission shall remove the officer's or candidate's home address and the names of the officer's or candidate's dependent children from the officer's or candidate's financial statement and any county or commission record derived from the financial statement before the statement or record is made available to a member of the public.
(c)  Until the first anniversary of the date a financial statement is filed, each time a person requests to see the financial statement, excluding the county clerk or an employee of the county clerk or the commission, acting on official business, the county clerk or the commission shall place in the file a statement of the person's name and address, whom the person represents, and the date of the request.  The county clerk or the commission shall maintain that statement in the file until the first anniversary of the date the financial statement is filed.
(d)  After the second anniversary of the date a person ceases to be a county judicial officer, the county clerk or the commission may and on notification from the former officer shall destroy each financial statement filed by the officer.
Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1154, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 137 (H.B. 1872), Sec. 1, eff. May 23, 2019.
Acts 2019, 86th Leg., R.S., Ch. 137 (H.B. 1872), Sec. 2, eff. May 23, 2019.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter C. Financial Disclosure by County Judicial Officers › Section 159.056. Failure to File; Criminal Penalty

Sec. 159.056.  FAILURE TO FILE;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  is a county judicial officer or a candidate for office as a county judicial officer;  and
(2)  knowingly fails to file a financial statement as required by this subchapter.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 763, Sec. 7, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 159 - Financial Disclosure by County Officers and Employees › Subchapter D. Protection for Judicial Officers › Section 159.071. Omission of Address

Sec. 159.071.  OMISSION OF ADDRESS.  (a)  In this section:
(1)  "County attorney" means a county attorney whose jurisdiction includes any criminal law or child protective services matter.
(2)  "Family member" has the meaning assigned by Section 31.006, Finance Code.
(3)  "State judge" has the meaning assigned by Section 1.005, Election Code.
(b)  On receiving notice from the Office of Court Administration of the Texas Judicial System of a county attorney's or state judge's qualifications for office or on receipt of a written request from a county attorney, state judge, spouse of a county attorney, family member of a state judge, or candidate for the office of county attorney or state judge, the county clerk shall remove or redact the residence address of the county attorney, state judge, spouse of a county attorney, family member of a state judge, or candidate for the office of county attorney or state judge from any report filed under this chapter by the county attorney, state judge, or candidate before the statement is made available to a member of the public.
Added by Acts 2019, 86th Leg., R.S., Ch. 518 (S.B. 489), Sec. 4, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 12, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 160 - Grievance Procedure for County Employees › Section 160.001. Policy

Sec. 160.001.  POLICY.  The purpose of this chapter is to provide reasonable, standardized grievance procedures for certain counties and their employees because:
(1)  it is the policy of this state that the right of public employees to present, individually or through a representative that does not claim the right to strike, grievances concerning their wages, hours of work, or conditions of work should continue unimpaired; and
(2)  the application of that policy creates a need for reasonable, standardized procedures for certain populous counties and their employees.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 160 - Grievance Procedure for County Employees › Section 160.002. Counties and Employees Affected

Sec. 160.002.  COUNTIES AND EMPLOYEES AFFECTED.  This chapter applies only to a county with a population of more than 3.3 million and its employees, including but not limited to the employees of road and bridge districts, flood control districts, and juvenile probation departments in the county.  However, this chapter does not apply to the employees of a sheriff's department.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.  Amended by Acts 2003, 78th Leg., ch. 632, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 74, 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 160 - Grievance Procedure for County Employees › Section 160.003. Definition

Sec. 160.003.  DEFINITION.  In this chapter, "grievance" means a claim by an employee that the employee was adversely affected by a violation, misinterpretation, misapplication, or disparity in the application of a specific law, ordinance, resolution, written or unwritten policy, or rule regarding wages, hours of work, or conditions of work.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 160 - Grievance Procedure for County Employees › Section 160.004. Procedure in General

Sec. 160.004.  PROCEDURE IN GENERAL.  A grievance must be presented and adjusted in accordance with the grievance procedures prescribed by this chapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 160 - Grievance Procedure for County Employees › Section 160.005. Standardized Grievance Procedure

Sec. 160.005.  STANDARDIZED GRIEVANCE PROCEDURE.  (a)  The commissioners court of the county shall enact orders to provide for:
(1)  filing of written grievances;
(2)  written responses to the grievance allegations;
(3)  procedures for appeal to an appointed county grievance resolutions committee;
(4)  further appeal to the commissioners court;
(5)  presentation of grievances by an employee's requested representative;
(6)  reasonable leave with pay for the presentation of grievances; and
(7)  other necessary procedures to permit effective implementation of this chapter.
(b)  The orders and procedures shall apply equally to all employees of the county, including employees of independent elected officials, and shall provide for reasonable timetables for filing and responding to grievances.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 160 - Grievance Procedure for County Employees › Section 160.006. No Retaliation or Reprisal

Sec. 160.006.  NO RETALIATION OR REPRISAL.  (a)  An employee may not be made subject to retaliation, reprisal, or discrimination on account of having exercised any right or participated in any procedure established by this chapter.  A supervisor or management official may not be made subject to retaliation, reprisal, or discrimination because of any grievance adjustment offered under this chapter to an employee with a grievance or because of testifying on any employee's behalf during a grievance procedure under this chapter.
(b)  A district court of appropriate venue may enjoin a violation of this section.  The court may order, in addition to other relief, the mandatory reinstatement and the payment of back pay for individuals discharged, suspended, or demoted in violation of this section.
(c)  An individual suffering retaliation, reprisal, or discrimination in violation of this section is entitled to reasonable attorney's fees as a result of successful court action regarding the retaliation, reprisal, or discrimination.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.
Sec. 160.007.  PROSPECTIVE APPLICATION OF CHAPTER AND AMENDED ORDER.  (a)  This Act applies only to a grievance based on events that occur on or after June 20, 1987.
(b)  If the commissioners court amends an order adopted under this chapter, the amended order does not apply to a grievance alleged to have occurred before the date of the amended order.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 39(a), eff. Aug. 28, 1989.
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 A. General Provisions › Section 161.001. Applicability of Chapter

Sec. 161.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to:
(1)  a county that:
(A)  contains a municipality that has a population of 500,000 or more;
(B)  is located on the international border; and
(C)  before September 1, 2009, had a county ethics board appointed by the commissioners court;
(2)  a county that:
(A)  has a population of 425,000 or more;
(B)  is adjacent to a county with a population of 3.3 million or more; and
(C)  contains a portion of the San Jacinto River; and
(3)  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.
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. 1163 (H.B. 2702), Sec. 75, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1070 (H.B. 1495), Sec. 4, eff. June 14, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 137, eff. September 1, 2023.
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 A. General Provisions › Section 161.002. Definitions

Sec. 161.002.  DEFINITIONS.  In this chapter:
(1)  "Commission" means a county ethics commission created under this chapter.
(2)  "Commission staff" means county employees assigned to provide administrative support to the commission.
(3)  "Communicates directly with" has the meaning assigned by Section 305.002, Government Code.
(4)  "County affiliate" means a person described and determined by order of the commissioners court on recommendation of the commission.  As determined by the commissioners court, the term includes:
(A)  any person whose goods and services are purchased under the terms of a purchase order or contractual agreement with the county; and
(B)  as determined by the county, any other persons doing business with the county.
(5)  "County employee" means a person employed by the county or a county officer and includes a person employed in the judicial branch of the county government who is not subject to the Code of Judicial Conduct.  The term does not include a county officer.
(6)  "County office" means a position held by a county officer.
(7)  "County officer" means a county judge, county commissioner, county attorney, sheriff, county tax assessor-collector, county clerk, district clerk, county treasurer, county auditor, county purchasing agent, and constable.
(8)  "County public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if the person has not yet qualified for or assumed the duties of office:
(A)  a county officer or county employee;
(B)  a person appointed by the commissioners court or a county officer to a position on one of the following, whether the position is compensated or not:
(i)  an authority, board, bureau, commission, committee, council, department, district, division, or office of the county; or
(ii)  a multi-jurisdictional board;
(C)  an attorney at law or notary public when participating in the performance of a governmental function;
(D)  a candidate for nomination or election to an elected county office; or
(E)  a person who is performing a governmental function under a claim of right although the person is not legally qualified or authorized to do so.
(9)  "Lobbyist" means a person who, for compensation in excess of an amount established by the commission, communicates directly with a county officer or county employee to influence official action.  The term does not include an attorney who communicates directly with a county officer or county employee to the extent that such communication relates to the attorney's representation of a party in a civil or criminal proceeding.
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 A. General Provisions › Section 161.003. Conflict With Civil Service Agreement

Sec. 161.003.  CONFLICT WITH CIVIL SERVICE AGREEMENT.  (a)  This chapter may not be construed to affect:
(1)  the terms of an agreement authorized by Chapter 174 between the county and county employees; or
(2)  any provision of a civil service statute applicable to a county employee.
(b)  If an agreement authorized by Chapter 174 or a civil service statute applicable to a county employee conflicts with this chapter or an ethics code adopted or enforced under this chapter, the agreement or civil service statute prevails.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.051. Creation of Commission by Order

Sec. 161.051.  CREATION OF COMMISSION BY ORDER.  (a)  The commissioners court of a county, by an order adopted by a majority of the court's full membership, may create a county ethics commission.
(b)  A copy of an order adopted under this section shall be placed in the minutes of the court's proceedings.  The copy of the order is public information.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.052. Creation of Commission by Election

Sec. 161.052.  CREATION OF COMMISSION BY ELECTION.  (a)  A county ethics commission may be created by approval of the system by a majority of the qualified voters of the county voting at an election called for that purpose.
(b)  The commissioners court by order may call an election on the question of the creation of a county ethics commission.
(c)  The commissioners court shall hold the election called under this section on the first authorized uniform election date prescribed by Chapter 41, Election Code, that allows sufficient time for publication of the notice required by Subsection (d) and for compliance with any other requirements established by law.
(d)  In addition to the notice required by Chapter 4, Election Code, the commissioners court must publish in a newspaper of general circulation in the county, and on the home page of the county's Internet website, a substantial copy of the order calling the election.  The first newspaper publication must be made on or before the 15th day before the date of the election and continue once a week for two consecutive weeks, and the notice on the county's Internet website shall remain on the home page each day beginning not later than the 16th day before the election and ending on the date of the election.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.053. Ballot

Sec. 161.053.  BALLOT.  The commissioners court shall order the ballot at the election to be printed to provide for voting for or against the proposition:  "Creation of a 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 B. Creation of Commission; Appointment of Commission Members › Section 161.054. Result of Election

Sec. 161.054.  RESULT OF ELECTION.  If the proposition is approved, the commissioners court shall declare the result and by order create the county ethics commission.  A copy of the order creating 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 B. Creation of Commission; Appointment of Commission Members › Section 161.055. Appointment of Commission

Sec. 161.055.  APPOINTMENT OF COMMISSION.  (a)  The commission is composed of:
(1)  five members, each of whom is appointed by the county judge or a county commissioner; and
(2)  five members appointed by the commissioners court, with one member appointed from a list of nominees submitted by each of the following entities:
(A)  the county civil service commission;
(B)  a bar association in the county;
(C)  the sheriff's civil service commission;
(D)  a dispute resolution center in the county that is affiliated with a council of governments; and
(E)  a human resources management association in the county.
(a-1)  The commissioners court shall designate the entities described by Subsections (a)(2)(B), (D), and (E) that may submit nominees for membership on the commission.  If a designated entity does not wish to submit nominees, the commissioners court shall select a similar entity that has experience with grievance or mediation structures or processes.
(b)  Not later than the 60th day after the date of the order creating the commission as provided in Section 161.051 or Section 161.054:
(1)  the county judge and each county commissioner shall each appoint one member of the commission; and
(2)  each entity described by Subsection (a)(2) or alternate entity designated under Subsection (a-1) shall deliver to the commissioners court the entity's nominees for membership on the commission.
(c)  The commissioners court shall set the date for the first meeting of the initial members.  The first meeting must be set not earlier than the 60th day after the date of the order creating the commission and not later than the 90th day after the date of that order.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.056. Eligibility

Sec. 161.056.  ELIGIBILITY.  (a)  To be eligible for appointment to the commission, a person must:
(1)  be at least 18 years old;
(2)  be a property taxpayer in the county; and
(3)  have resided in the county for the two years immediately preceding the date on which the person's term will begin.
(b)  A person is not eligible for appointment to the commission if the person is:
(1)  an elected officer;
(2)  a county employee;
(3)  a county affiliate;
(4)  a person employed as a lobbyist;
(5)  a person convicted of a misdemeanor involving moral turpitude or a felony; or
(6)  a person who is delinquent in payment of local, state, or federal taxes.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.057. Terms

Sec. 161.057.  TERMS.  (a)  Members of the commission serve terms of two years.  Members appointed as provided by Section 161.055(a)(1) serve terms beginning on February 1 of each odd-numbered year.  Members appointed as provided by Section 161.055(a)(2) serve terms beginning on February 1 of each even-numbered year.
(b)  A member may serve more than one term.
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. 1, 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 B. Creation of Commission; Appointment of Commission Members › Section 161.058. Vacancies

Sec. 161.058.  VACANCIES.  (a)  A vacancy on the commission shall be filled for the remainder of the unexpired term as follows:
(1)  if the vacancy involves a member appointed by the county judge or a county commissioner, the vacancy is filled, except as provided by Subsection (b), by appointment of that officer or the officer's successor in office; or
(2)  if the vacancy involves a member appointed under Section 161.055(a)(2), the vacancy is filled as provided by that section for an appointment to a full term.
(b)  If the county judge or county commissioner, as applicable, does not fill the vacancy before the 60th day after the date the position becomes vacant, the commission may fill the vacancy by a majority vote of the remaining members.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.059. Meetings

Sec. 161.059.  MEETINGS.  (a)  The commission shall meet on a regular basis.
(b)  The commission is a governmental body for purposes of Chapter 551, Government Code.
(c)  Except as otherwise provided by this chapter, a majority of the commission constitutes a quorum.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.0591. Chair

Sec. 161.0591.  CHAIR.
(a)  The position of chair is selected from the commission members by a majority vote of the commission members.  The chair serves a term of six months.
(b)  The member serving as chair may not vote on a matter before the commission except to break a tie vote.
(c)  A commission member may decline to serve as chair.
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. 2, 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 B. Creation of Commission; Appointment of Commission Members › Section 161.060. Removal of Commission Member

Sec. 161.060.  REMOVAL OF COMMISSION MEMBER.  A member of the commission is a county officer described by Section 87.012(15) and may be removed as provided by Chapter 87 if, after a trial, the jury finds good cause for removal, including:
(1)  failure to pay local, state, or federal taxes when due;
(2)  violation of the ethics code adopted by the commission;
(3)  conviction of a felony or misdemeanor;
(4)  excessive absenteeism as determined by the commission; and
(5)  official misconduct.
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 B. Creation of Commission; Appointment of Commission Members › Section 161.061. Legal Representation

Sec. 161.061.  LEGAL REPRESENTATION.  The county attorney, or district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall represent the commission in all legal matters.
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 C. Powers › Section 161.101. General Powers

Sec. 161.101.  GENERAL POWERS.  (a)  The commission shall adopt, publish, and enforce an ethics code governing county public servants.
(b)  The commission may adopt or use as a guide any ethics law or rule of the United States, this state, or a political subdivision in this state to the extent that the law or rule promotes the purposes of this chapter and serves the needs of the county.  For purposes of Section 161.002(9), in determining the applicable amount of compensation of a person who communicates directly with a county officer or employee to influence official action and engages in such communication as part of the person's regular employment, the commission shall adopt rules that are substantially similar to the rules or interpretations of the Texas Ethics Commission under Chapter 305, Government Code, to calculate the compensation.
(c)  The commission may adopt bylaws, rules, forms, policies, or procedures to assist in the administration of the commission's duties under this chapter.  The commission may be guided by Robert's Rules of Order to the extent that it does not conflict with the constitution and laws of the United States and this state or conflict with other guidelines adopted by the commission.
(d)  The commission shall be assigned staff by the county and provided access to county resources to assist in its duties.
(e)  The commission shall develop and implement policies that provide the public with information on the commission and the ethics code.
(f)  The commission shall enforce the provisions of the ethics code by issuing appropriate orders or recommendations or by imposing appropriate penalties.
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 C. Powers › Section 161.102. Advisory Opinions

Sec. 161.102.  ADVISORY OPINIONS.  On the request of any person covered by the ethics code adopted by the commission, the commission may issue a written ethics advisory opinion regarding the application of the ethics code to a specified existing or hypothetical factual situation.  The commission may not issue an opinion that includes the name of any person who may be affected by the opinion.  The name of the person requesting the opinion shall be deemed confidential.
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 C. Powers › Section 161.103. Public Interest Information

Sec. 161.103.  PUBLIC INTEREST INFORMATION.  (a)  The commission shall develop plain-language materials as described by this section.  The commission shall post the information on the county's Internet website and make the information otherwise available to the public.
(b)  The materials must include:
(1)  a description of:
(A)  the commission's responsibilities;
(B)  the types of conduct that constitute a violation of the ethics code adopted by the commission;
(C)  the types of sanctions the commission may impose;
(D)  the commission's policies and procedures relating to complaint investigation and resolution; and
(E)  the duties of a person filing a complaint with the commission; and
(2)  a diagram showing the basic steps in the commission's procedures relating to complaint investigation and resolution.
(c)  The commission shall provide the materials described by this section to each complainant and respondent.
(d)  The commission shall adopt a policy to effectively distribute materials as required by this section.
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 C. Powers › Section 161.104. Commission Member Education and Training

Sec. 161.104.  COMMISSION MEMBER EDUCATION AND TRAINING.  (a)  Not later than the 30th day after the date a person is appointed to the commission, the person must complete training on the following matters:
(1)  the legislation that created the commission;
(2)  the role and functions of the commission; and
(3)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code; and
(C)  other laws relating to public officials, including conflict-of-interest laws.
(b)  A member of the commission must complete subsequent training programs on the following matters:
(1)  the ethics code adopted by the commission; and
(2)  the procedural rules adopted by the commission.
(c)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission after the 30th day after the date the person is appointed to the commission unless the person has completed a training program as required by Subsection (a).
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. 3, 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 C. Powers › Section 161.105. Education and Training for Persons Covered by Ethics Code

Sec. 161.105.  EDUCATION AND TRAINING FOR PERSONS COVERED BY ETHICS CODE.  (a)  The commission and commission staff shall make available periodic training for persons covered by the ethics code adopted by the commission.
(b)  The training program must provide information regarding:
(1)  the ethics code;
(2)  the role and functions of the commission; and
(3)  plain-language materials as further described by Section 161.103.
(c)  In addition to the qualifications under Subchapter C, Chapter 262, before submitting a bid, responding to a request for qualifications or proposals, or otherwise contracting with the county, an officer, principal, or other person with the authority to bind the vendor shall complete training on the ethics code.
(d)  A lobbyist intending to meet with a person covered by the ethics code shall complete training on the ethics code.
(e)  A person covered by the ethics code or a lobbyist or vendor required by this section to complete training must complete the training as determined by the commission.
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. 4, 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 C. Powers › Section 161.106. Certain Discussions of Pending Complaints Prohibited

Sec. 161.106.  CERTAIN DISCUSSIONS OF PENDING COMPLAINTS PROHIBITED.  Until a sworn complaint alleging a violation of the ethics code is resolved, a member of the commission may not discuss the complaint with a member of the commissioners court.
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 C. Powers › Section 161.107. Disclosure of Certain Contracts

Sec. 161.107.  DISCLOSURE OF CERTAIN CONTRACTS.  (a)  The commission shall prominently display on the county's Internet website the following regarding contracts for services executed by the county that would require a person to register as a lobbyist under Chapter 305, Government Code:
(1)  the execution dates;
(2)  the contract duration terms, including any extension options;
(3)  the effective dates;
(4)  the final amount of money the county paid in the previous fiscal year;
(5)  the identity of all parties to the contract;
(6)  the identity of all subcontractors in the contract; and
(7)  the legislative agenda of the county.
(b)  In lieu of displaying the items described by Subsections (a)(1)-(6) regarding a contract for services that would require a person to register as a lobbyist under Chapter 305, Government Code, the commission may post on the county's Internet website the contract executed by the county for those services.
(c)  Information required to be displayed on a county's Internet website under this section is public information subject to disclosure under Chapter 552, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1070 (H.B. 1495), Sec. 5, eff. June 14, 2019.
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 161.151. Definitions

Sec. 161.151.  DEFINITIONS.  In this subchapter:
(1)  "Category One violation" means a violation of the ethics code adopted by the commission as to which it is generally not difficult to ascertain whether the violation occurred or did not occur, including:
(A)  the failure by a person required to file a statement or report required under the ethics code to:
(i)  file the statement or report in a manner that complies with applicable requirements; or
(ii)  file the statement or report in a timely manner;
(B)  a misrepresentation in a report required under the ethics code; or
(C)  a failure to respond in a timely manner to a written notice under Section 161.156(b).
(2)  "Category Two violation" means a violation of the ethics code adopted by the commission that is not a Category One violation.
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 161.152. Complaint Procedures and Hearings

Sec. 161.152.  COMPLAINT PROCEDURES AND HEARINGS.  The commission shall adopt the complaint procedures and hearings set forth in this subchapter.  The commission may adopt additional procedures not in conflict with 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 161.153. Hearings and Settlement

Sec. 161.153.  HEARINGS AND SETTLEMENT.  (a)  The commission may:
(1)  hold a hearing on a sworn complaint and render a decision on a complaint or report of a violation as provided by this chapter; and
(2)  agree to the settlement of issues.
(b)  The commission may not:
(1)  consider a complaint or vote to investigate a matter outside the commission's jurisdiction; or
(2)  investigate any matter except in response to a sworn complaint.
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 161.154. Categorization of Violations

Sec. 161.154.  CATEGORIZATION OF VIOLATIONS.  An allegation of a violation listed as a Category One violation shall be treated as a Category Two violation if the commission at any time determines that:
(1)  the allegation arises out of the same set of facts as those that give rise to an allegation of a Category Two violation, and the interests of justice or efficiency require resolution of the allegations together; or
(2)  the facts and law related to a particular allegation or a defense to the allegation present a level of complexity that prevents resolution through the preliminary review procedures for Category One violations prescribed by Section 161.159(a).
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 161.155. Filing of Complaint; Contents

Sec. 161.155.  FILING OF COMPLAINT; CONTENTS.  (a)  An individual may file with the commission a sworn complaint, on a form prescribed by the commission, alleging that a person subject to the ethics code has violated the ethics code.  The commission shall make the complaint form available on the county website.
(b)  A complaint filed under this section must be in writing and under oath and must set forth in simple, concise, and direct statements:
(1)  the name of the complainant;
(2)  the street or mailing address of the complainant;
(3)  the name of each respondent;
(4)  the position or title of each respondent;
(5)  the nature of the alleged violation, including if possible the specific rule or provision of the ethics code alleged to have been violated;
(6)  a statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and
(7)  all documents or other material available to the complainant that are relevant to the allegation, a list of all documents or other material within the knowledge of the complainant and available to the complainant that are relevant to the allegation but that are not in the possession of the complainant, including the location of the documents, if known, and a list of all documents or other material within the knowledge of the complainant that are unavailable to the complainant and that are relevant to the complaint, including the location of the documents, if known.
(c)  The complaint must be accompanied by an affidavit stating either that the information contained in the complaint is correct or that the complainant has good reason to believe and does believe that the violation occurred.  If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief.  The complainant may swear to the facts by oath before a notary public or other authorized official.
(d)  The complaint must state on its face an allegation that, if true, constitutes a violation of the ethics code.
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 161.1551. Standing Preliminary Review Committee

Sec. 161.1551.  STANDING PRELIMINARY REVIEW COMMITTEE.  (a)  The standing preliminary review committee shall perform the actions prescribed by this subchapter in conducting a preliminary review of each sworn complaint filed with the commission.
(b)  The standing preliminary review committee consists of three persons, as follows:
(1)  two members of the commission, determined as provided by Subsection (c); and
(2)  a review officer selected and retained by the commission.
(c)  The initial standing preliminary review committee consists of one commission member, chosen by lot, from the members of the commission appointed under Section 161.055(a)(1), and one commission member, chosen by lot, from the members appointed under Section 161.055(a)(2).
(d)  A commission member serves on the standing preliminary review committee for six months.  After the end of a commission member term on the standing preliminary review committee, service on the committee rotates so that each position on the commission serves on the committee, beginning with the initial members of the standing preliminary review committee chosen under Subsection (c) and succeeded by the next member on the list as described below:
(1)  for the rotation of members appointed under Section 161.055(a)(1), the order of service is the member appointed by the county judge, followed by the members appointed by the county commissioners in order of precinct number; and
(2)  for the rotation of members appointed under Section 161.055(a)(2), the order of service is the order listed by that section.
(e)  The review officer must be a practicing attorney or former judge.  A commission member may serve as the review officer.
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. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 75 (S.B. 334), Sec. 1, 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 161.157. Retaliation Against County Employee Reporting Violation of Ethics Code Prohibited

Sec. 161.157.  RETALIATION AGAINST COUNTY EMPLOYEE REPORTING VIOLATION OF ETHICS CODE PROHIBITED.  (a)  A county public servant may not suspend or terminate the employment of or take other adverse action against a county employee who in good faith files a complaint or otherwise reports to the commission, commission staff, or another law enforcement authority a violation of the ethics code by a person subject to the ethics code.
(b)  A county public servant may not suspend or terminate the employment of or take other adverse action against a county employee who in good faith participates in the complaint processing, preliminary review, hearing, or any other aspect of the investigation and resolution by the commission of an alleged violation of the ethics code by a person subject to the ethics code.
(c)  A commission created by a county under this chapter is a part of the "local governmental entity" for purposes of Section 554.002, Government Code.
(d)  An ethics code adopted by a commission pursuant to this chapter is a "law" as defined by Section 554.001, 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. 7, eff. September 1, 2011.