Law:Title 5. Open Government; Ethics. Subtitle A. Open Government from Chapter 553. Public Disclosure (Texas)

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Subtitle A. Open Government

Contents

Chapter 553. Public Disclosure

Subchapter A. Disclosure By Public Servant Of Interest In Property To Be Acquired With Public Funds

Section  553.001.  Definitions.

In this subchapter:

(1)  "Public funds" includes only funds collected by or through a government.

(2)  "Public servant" means a person who is elected, appointed, employed, or designated, even if not yet qualified for or having assumed the duties of office, as:

(A)  a candidate for nomination or election to public office; or

(B)  an officer of government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  553.002.  Disclosure Of Interest In Property.

(a) A public servant who has a legal or equitable interest in property that is to be acquired with public funds shall file an affidavit within 10 days before the date on which the property is to be acquired by purchase or condemnation.

(b)  The affidavit must:

(1)  state the name of the public servant;

(2)  state the public servant's office, public title, or job designation;

(3)  fully describe the property;

(4)  fully describe the nature, type, and amount of interest in the property, including the percentage of ownership interest;

(5)  state the date when the person acquired an interest in the property;

(6)  include a verification as follows: "I swear that the information in this affidavit is personally known by me to be correct and contains the information required by Section 553.002, Government Code"; and

(7)  contain an acknowledgement of the same type required for recording a deed in the deed records of the county.

(c)  The affidavit must be filed with:

(1)  the county clerk of the county in which the public servant resides; and

(2)  the county clerk of each county in which the property is located.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  553.003.  Criminal Penalty; Presumption.

(a) A person commits an offense if the person violates Section 553.002 and the person has actual notice of the acquisition or intended acquisition of the legal or equitable interest in the property.

(b)  A person who violates Section 553.002 by not filing the affidavit required by that section is presumed to have the intent to commit an offense under this section.

(c)  An offense under this section is a Class A misdemeanor.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Subchapter B. Failure By Public Officer To Publish Legal Notice Or Financial Statement

Section  553.021.  Definition.

In this subchapter, "public officer" means an officer of the state or of a county, municipality, or school district of the state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  553.022.  Failure To Publish Legal Notice Or Financial Statement; Civil Penalty.

(a) A public officer who is required by law to publish a legal notice or financial statement commits nonfeasance of office if the officer fails to make the publication.

(b)  A public officer who commits nonfeasance of office:

(1)  is subject to forfeiture of salary for the month in which the notice or statement is not published; and

(2)  may be removed from office if the officer wilfully continues to commit nonfeasance of office under Subsection (a).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  553.023.  Enforcement.

(a) The county or district attorney of the county in which a public officer who commits nonfeasance of office under Section 553.022 resides may file an action to enjoin or recover payment of salary or to remove the person from office.

(b)  An action under this section must be filed in the appropriate district court.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.


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