Texas Local Government Code 392.042 – Interested Commissioners
(a) In this section, “housing project” includes, in addition to the works or undertakings described by Subdivision (6) of § 392.002:
(1) a work or undertaking implemented for a reason described by Subdivision (6) of § 392.002 that is financed in any way by public funds or tax-exempt revenue bonds; or
(2) a building over which the housing authority has jurisdiction and of which a part is reserved for occupancy by persons who receive income or rental supplements from a governmental entity.
(b) Except as provided by Subsection (c), a commissioner of an authority may not have dealings with a housing project for pecuniary gain and may not own, acquire, or control a direct or indirect interest in a:
(1) housing project;
(2) property included or planned to be included in a housing project;
(3) contract or proposed contract for the sale of land to be used for a housing project;
(4) contract or proposed contract for the construction of a housing project; or
(5) contract or proposed contract for the sale of materials or services to be furnished or used in connection with a housing project.
Terms Used In Texas Local Government Code 392.042
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) A commissioner may:
(1) manage a housing project;
(2) own, acquire, or control a management company that renders management services to a housing project;
(3) continue to own or control an interest in a housing project held by the commissioner before the commissioner’s term of office began; or
(4) own, acquire, or control an interest in, or have dealings with, a housing project over which the commissioner’s housing authority does not have jurisdiction.
(d) If a commissioner manages, owns, acquires, or controls a direct or indirect interest in property included or planned to be included in a housing project or has any other dealings for pecuniary gain with a housing project, the commissioner shall immediately disclose the interest or dealings to the authority in writing. The disclosure shall be entered in the minutes of the authority. The failure to disclose the interest constitutes misconduct of office.
(e) A commissioner who knowingly or intentionally violates Subsection (b) or (d) commits an offense. An offense under this subsection is a felony of the third degree.
(f) A person finally convicted under Subsection (e) is ineligible for future employment with the state, a political subdivision of the state, or a public corporation formed under the authority of the state or a political subdivision of the state.