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A BILL TO BE ENTITLED
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AN ACT
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relating to the county ethics commission for certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.057, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Members of the commission serve terms of two years. |
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Members appointed as provided by Section 161.055(a)(1) serve terms |
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beginning on February 1 of each odd-numbered year. Members |
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appointed as provided by Section 161.055(a)(2) serve terms |
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beginning on February 1 of each even-numbered year. |
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(a-1) To replace or reappoint the commission members |
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appointed as provided by Section 161.055(a)(2) whose terms expire |
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on January 31, 2013, the commissioners court shall appoint |
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commission members as provided by Section 161.055(a)(2) for |
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one-year terms to begin on February 1, 2013. Thereafter, members |
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appointed as provided by Section 161.055(a)(2) shall serve two-year |
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terms. To the extent of a conflict between this subsection and |
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Subsection (a), this subsection controls. This subsection expires |
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September 1, 2014. |
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SECTION 2. Section 161.0591, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The position of chair is selected from the commission |
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members by a majority vote of the commission members. The chair |
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serves a term of [alternates every] six months [between members
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appointed under Section 161.055(a)(1) and members appointed under
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Section 161.055(a)(2) and rotates so that each position on the
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commission serves as chair, as follows:
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[(1)
the rotation of members appointed under Section
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161.055(a)(1) begins with the member appointed by the county judge,
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followed by the members appointed by the county commissioners in
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order of precinct number; and
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[(2)
the rotation of members appointed under Section
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161.055(a)(2) begins with the member appointed under Section
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161.055(a)(2)(A), followed by the members appointed under Sections
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161.055(a)(2)(B), (C), (D), and (E) in that order]. |
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(c) A commission member may decline to serve as chair. |
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SECTION 3. Sections 161.104(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) Not later than the 30th [60th] day after the date a |
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person is appointed to the commission, the person must complete |
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training on the following matters: |
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(1) the legislation that created the commission; |
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(2) the role and functions of the commission; and |
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(3) the requirements of: |
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(A) the open meetings law, Chapter 551, |
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Government Code; |
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(B) the public information law, Chapter 552, |
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Government Code; and |
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(C) other laws relating to public officials, |
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including conflict-of-interest laws. |
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(c) A person who is appointed to and qualifies for office as |
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a member of the commission may not vote, deliberate, or be counted |
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as a member in attendance at a meeting of the commission after the |
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30th day after the date the person is appointed to the commission |
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unless [until] the person has completed [completes] a training |
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program as required by Subsection (a) [that complies with this
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section]. |
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SECTION 4. Section 161.105, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) The commission and commission staff shall make |
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available [provide] periodic training for persons covered by the |
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ethics code adopted by the commission [on at least a quarterly
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basis]. |
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(e) A person covered by the ethics code or a lobbyist or |
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vendor required by this section to complete training must complete |
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the training as determined by the commission. |
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SECTION 5. Section 161.1551(d), Local Government Code, is |
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amended to read as follows: |
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(d) A commission member serves on the standing preliminary |
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review committee for six months. After the end of a commission |
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member term on the standing preliminary review committee, service |
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on the committee rotates so that each position on the commission |
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serves on the committee, beginning [as provided by Section 161.0591
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for the rotation of the chair, except that the rotation begins] with |
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the initial members of the standing preliminary review committee |
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chosen under Subsection (c) and succeeded by the next member on the |
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list as described below: |
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(1) for the rotation of members appointed under |
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Section 161.055(a)(1), the order of service is the member appointed |
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by the county judge, followed by the members appointed by the county |
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commissioners in order of precinct number; and |
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(2) for the rotation of members appointed under |
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Section 161.055(a)(2), the order of service is the order listed by |
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that section. |
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SECTION 6. Sections 161.157(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) A county public servant [The county] may not suspend or |
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terminate the employment of or take other adverse action against a |
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county employee who in good faith files a complaint or otherwise |
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reports to the commission, commission staff, or another law |
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enforcement authority a violation of the ethics code by a person |
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subject to the ethics code. |
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(b) A county public servant [The county] may not suspend or |
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terminate the employment of or take other adverse action against a |
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county employee who in good faith participates in the complaint |
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processing, preliminary review, hearing, or any other aspect of the |
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investigation and resolution by the commission of an alleged |
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violation of the ethics code by a person subject to the ethics code. |
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SECTION 7. The change in law made by this Act to Section |
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161.057, Local Government Code, applies only to the term of a member |
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of a county ethics commission appointed on or after the effective |
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date of this Act. The term of a member appointed before the |
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effective date of this Act is governed by the law in effect when the |
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member was appointed, and the former law is continued in effect for |
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that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |