Texas Special District Local Laws Code 3001.059 – Conflict of Interest; Disclosure Required
Current as of: 2023 | Check for updates
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(a) Except as provided by this section:
(1) a director may participate in all board votes and decisions; and
(2) Chapter 171, Local Government Code, governs conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file an affidavit with the board secretary declaring the interest. Another affidavit is not required if the director’s interest changes.
Terms Used In Texas Special District Local Laws Code 3001.059
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- 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
(c) After the affidavit is filed, the director may participate in a discussion or vote on that action if:
(1) a majority of the directors have similar interests in the same entity; or
(2) all similar business or charitable entities in the district will receive a similar pecuniary benefit.
(d) A director who is an officer or employee of a public entity may not participate in a discussion of or vote on a matter regarding a contract with the public entity.
(e) For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code.