§ 3852.056 — CONFLICTS OF INTEREST.

Texas § 3852.056

• Jurisdiction: Texas
• Code SD: Special District Local Laws Code

Text

Sec. 3852.056. CONFLICTS OF INTEREST. (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 of 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.
(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 a similar interest in the same entity; or
(2) all other similar business or charitable entities in the district will receive a similar pecuniary benefit.
(d) A director who is also an officer or employee of a political subdivision may not participate in a discussion of or vote on a matter regarding a contract with that same political subdivision.
(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.
SUBCHAPTER C. POWERS AND DUTIES

Legislative History

Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836 ), Sec. 1, eff. June 17, 2005.