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Local Government Code §171.004

In force on Jan 15, 2010 · this text took effect Aug 28, 1989 · same as today's text

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.

History: 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.

Source: the Legislature's file server, seen Nov 30, 2018 to Nov 08, 2026.

Every version on file

Effective Aug 28, 1989 · seen Nov 2018–Nov 2026

Attorney General opinions that cite it

GA-0796 (Jan 15, 2010): Whether the conflict of interest provisions of chapter 171, Local Government Code, required two board members of the Uvalde County Underground Water Conservation District to disclose their respective interests and abstain from voting on a District rule
GA-0730 (Jan 27, 2009): Whether a district attorney's occupation of office space leased by the county from the district attorney's spouse constitutes a conflict of interest
GA-0671 (Apr 21, 2008): Whether under section 81.002(a) ofthe Local Government Code, the countycommissioner's oath provision, a county may employ a subcontracting company that is owned by a commissioner
GA-0645 (Jan 03, 2008): Whether a county commissioner may be paid while working for the county sheriff in the jail division
GA-0334 (Dec 21, 2004): Application of conflict of interest law and the Post Office Box 12068 Open Meetings Act to the governing board of a Austin, Texas 7871 l-2068 groundwater conservation district
JM-0852 (Feb 05, 1988): Applicability of former governmental Relations article 988b, V.T.C.S., to Texas State Senate transactions between a city P. 0. Box 12068 council and a state univer- Austin, Texas 78711 sity or school district which employs city council members

A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.