HomeMy WebLinkAboutOrdinance 2370
ORDINANCE NO. 2370
WHEREAS, Ordinance number 984, as amended by Ordinance 1872 and 2296,
2343 contains the City Council Rules and Regulations; and
WHEREAS, in order to provide for more orderly presentation of material and in
order to protect the health and common good of the City, the Council finds that this
Ordinance should be passed amending the Council Rules and Regulations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS that:
1.
Immediately following Section 3.3 of the Council Rules and Regulations there shall
be added a Section 3.4 that shall read as follows:
"3.4 Pre-Council Meetings.
a. Pre-Council meetings shall be conducted in public pursuant to a posted agenda
approved by the City Manager. The Mayor or any Council Member may request
that items be placed upon the agenda, but the final decision on agenda items
shall rest with the City Manager. The City Manager's decision shall be subject
to appeal to the full Council at the next regular meeting.
b. Except for public hearing items, the Council shall be free to fully discuss each
item on the agenda, to question each other and to question the staff, inquire into
reasons for recommendations and to inquire as to the opinion of other Council
Members. Each Council Member shall be entitled to state his or her position on
each agenda item. On public hearing agenda items, the Council Members may
ask questions of the staff and ask for staff evaluation of the item.
c. The Council shall be entitled to vote on items of procedure pertaining to the
pre-council meeting."
2.
Immediately following Section 4.6 of the Council Rules and Regulations there
shall be added a Section 4.7 that shall read as follows:
"4.7 Appeal of Rulings of the Chair.
Appeal of any ruling of the Chair by any Council Member, at any meeting, may be
instituted by the words "I appeal the ruling of the Chair to the Council." Such member shall
then state his position on the ruling of the Chair. At that point the Chair shall immediately
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call for a vote of the Council upon the appeal of the Chair's prior ruling. The appeal shall
prevail if it passes by a majority vote of those members voting on the question and the
position of the objecting member shall prevail. If the Chair fails to immediately call for a
vote on the appeal, the Mayor Pro Tern shall call for a vote on the appeal and the Mayor
Pro Tern shall be entitled to a vote on the appeal. In this event, if the appeal carries, the
Mayor Pro Tern shall preside during that portion of the meeting devoted to the appealed
item and may vote on any substantive or procedural motion made. These rules regarding
appeal shall apply to all council meetings and pre-council meetings. At the beginning of
any meeting when the Mayor Pro Tem is absent, the Council shall elect an acting Mayor
Pro Tern."
PASSED and APPROVED this 15th day of March, 1999.
APPROVED:
G~~ £L~tv--
Charles Scoma, 1\ ayor
ATTEST:
rJâ/;ú~I~
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
~
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COUNCIL RULES OF
PROCEDURE
Adopted by Ordinance No. 984 - 10/25/82
Amended by Ordinance No. 1872 - 2/22/93
Amended by Ordinance No. 2296 - 4/27/98
Amended by Ordinance No. 2343 - 11/9/98
Amended by Ordinance No. 2370 - 3/15/99
TABLE OF CONTENTS
Page
1. Authority................................................................................................................ 1
1 . 1 C h a rte r.. . .. . .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. . . .. . .. . .. .. .. . .. .. . .. . .. .. . 1
1.2 Code of Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 1
2. General Rules................................................. ...................................................... 1
2.1 Meetings to be Public ........................................................................... 1
2.2 Quorum................................................................................................. 1
2.3 Minutes of Meetings............................................................................. 1
2.4 Questions to Contain One Subject ........................................................ 2
2.5 Right of Floor ... ..... ... ..... ..... ........ ............. ..... ..... ........ ..... ..... .... ...... ..... .... 2
2.6 City Manager........................................................................................ 2
2.7 City Attorney......................................................................................... 2
2.8 City Secreta ry ....................................................................................... 2
2.9 Officers and Employees ....................................................................... 2
2.10 Rules of Order ....................................................................................... 3
2.11 Suspension of Rules.............................................................................. 3
2.12 Amendment of Rules ............................................................................. 3
3. Types of Meetings................................................................................................. 3
3.1 Regular Meetings ................................................................................. 3
3.2 Special Meetings.................................................................................. 3
3.3 Recessed Meetings............................................................................... 3
3.4 Pre-Council Meetings................................................................. 3
4. Chairman and Duties.......... ............... ........ ..... ........ .......... ......... ................... ......... 4
4.1 Chairman .............. ............. ........ ............. ............. ......................... ......... 4
4.2 Call to Order .......................................................................................... 4
4.3 Preservation of Order ........................................................................... 4
4.4 Points of Order ..................................................................................... 4
4.5 Questions to be Stated......................................................................... 4
4.6 Substitution for Chairman ..................................................................... 5
4.7 Appeal of Rulings of the Chair.................................................... 5
5. Order of Business.................................................................................................. 5
5. 1 Ag end a .................................................................................................. 5
5.2 Consent Agenda. ..... .................. .................. .... ..... .............. ... ................ 5
5.3 Council Communications...................................................................... 5
5.4 Oral Presentations by City Manager..................................................... 5
5.5 Citizen Presentations............................................................................. 6
TABLE OF CONTENTS (Continued)
Page
6. Consideration of Ordinances, Resolutions, and Motions ...................................... 7
6.1 Printed or Typewritten Form ................................................................. 7
6.2 City Attorney to Approve....................................................................... 7
6.3 Ordinances - When Effective....................... ......................................... 7
6.4 Distribution of Ord inances ..................................................................... 7
6.5 Recording of Votes................................................................................ 7
6.6 Majority Vote Required .......................................................................... 7
6.7 Tie Vote................................................................................................. 7
6.8 Voting Required.................................................................................... 8
6.9 Order of Precedence of Motions........................................................... 8
6.10 Reconsideration..................................................................................... 8
6.11 The Previous Question.......................................................................... 8
6.12 Withdrawal of Motions........................................................................... 9
6.13 Amendments to Motions....................................................................... 9
6.14 Appropriation of Money......................................................................... 9
6.15 Transfer of Appropriations ..................................................................... 9
7. Creation of Committees, Boards and Commissions ............................................ 10
7.1 City Council Committees ..................................................................... 10
8. Consideration of Zoning Matters......................................................................... 10
9. Cumulative Clause.............................................................................................. 11
10. Effective Date.. ..... ..... ..................... ............... ........ ..... ............. ........ .......... ........ 11
1. Authority.
1.1 Charter.
Article XV, Section 1 of the Charter of the City of North Richland Hills provides
that "all powers and authority which are expressly or explicitly conferred on or
possessed by the City Council..."ln order to provide the framework for the
execution of these powers and authority the following set of rules shall be in
effect upon their adoption by the City Council and until such times as they are
amended or new rules adopted in the manner provided for by these rules.
1.2 Code of Conduct
The Mayor and Council Members shall follow all Federal and State laws and
regulations, as well as the City of North Richland Hills Charter, in regard to their
actions as elected officials. Section 13 of Article XVIII of the City Charter shall
be followed (Attachment A). State law concerning conflicts of interest is
described in Chapter 171 of the State of Texas Local Government Code, entitled
Regulation of Conflicts of Interest of Officers of Municipalities, Counties and
Certain Other Local Governments (Attachment B). (Ordinance No. 2296 - April 27,
1998)
2. General Rules.
2.1 Meetings to be Public.
All meetings of the City Council shall be open to the public (Charter, Article XVIII,
Section 4).
2.2 Quorum.
Four members of the City Council shall constitute a quorum. When the Mayor
is absent and the Mayor Pro Tern is serving in his capacity as a non-voting
member, four Council members in addition to the Mayor Pro Tern shall be
required to constitute a quorum.
2.3 Minutes of Meetings.
An account of all proceedings of the Council shall be kept by the City Secretary
and shall be entered in a book constituting the official record of the City Council.
2.4 Questions to Contain One Subject.
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All questions submitted for a vote shall contain only one subject. If two or more
points are involved, any member may require a division, if the question
reasonably admits of a division.
2.5 Right of Floor.
Any member desiring to speak shall be recognized by the Chairman, and shall
confine his remarks to the subject under discussion or to be discussed. No
member shall be allowed to speak more than once on anyone subject until every
member wishing to speak shall have spoken.
2.6 City Manager.
The City Manager shall attend all City Council meetings unless expressly
excused. He may make recommendations to the City Council and shall have the
right to take part in all discussions of the Council, but shall have no vote.
2.7 City Attorney.
The City Attorney shall attend all meetings of the City Council unless expressly
excused and shall upon request give an opinion, either written or oral, on
questions of law. The City Attorney shall act as the City Council's
Parliamentarian.
2.8 City Secretary.
The City Secretary shall attend all meetings of the City Council unless expressly
excused, and shall keep the official minutes and perform such other duties as
may be requested by the Council.
2.9 Officers and Employees.
Any officer or employee of the City, when requested by the City Manager, shall
attend any meeting of the City Council. If requested to do so by the City
Manager, they may present information relating to matters before the City
Council.
2.10 Rules of Order.
Roberts Rules of Order Revised shall govern the proceedings of the City Council
in all cases unless they are in conflict with these rules.
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2.11 Suspension of Rules.
Provisions of Section 8 shall not be suspended. Any other provisions of these
rules not governed by State law, the City Charter, or City Code may be
temporarily suspended by a unanimous vote of all members of the City Council
present and voting.
2.12 Amendment of Rules.
These rules may be amended, or new rules adopted by a majority vote of all
members of the City Council, provided that the proposed amendments or new
rules shall have been introduced into the record at a previous meeting of the City
Council.
3. Types of Meetings.
3.1 Regular Meetings.
The City Council shall meet in the Council Chamber of the City Hall on the
second and fourth Monday of each month at 7:00 p.m. unless otherwise officially
established by the City Council. The call for and conduct of all meetings of the
City Council, shall be in accordance with Chapter 551 of the government Code
known as the Texas Open Meetings Act." (Amended by Ordinance No. 2343 -
November 9, 1998)
3.2 Special Meetings.
Special meetings may be called by the Mayor or any four members of the City
Council. The call for a special meeting shall be filed with the City Secretary in
written form, except that announcement of a special meeting, during any regular
meeting at which all members are present, shall be sufficient notice of such
special meeting. The call for a special meeting shall specify the day and the hour
of the special meeting, and shall list the subject or subjects to be considered. No
special meeting shall be held until at least two (2) hours after the call is issued
and the notice thereof is posted.
3.3 Recessed Meetings.
Any meeting of the City Council may be recessed to a later time provided that no
recess shall be for a longer period than until the next regularly scheduled City
Council meeting.
3.4 Pre-Council Meetings.
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a. Pre-Council meetings shall be conducted in public pursuant to a posted
agenda approved by the City Manager. The Mayor or any Council Member
may request that items be placed upon the agenda, but the final decision on
agenda items shall rest with the City Manager. The City Manager's decision
shall be subject to appeal to the full Council at the next regular meeting.
b. Except for public hearing items, the Council shall be free to fully discuss each
item on the agenda, to question each other and to question the staff, inquire
into reasons for recommendations and to inquire as to the opinion of other
Council Members. Each Council Member shall be entitled to state his or her
position on each agenda item. On public hearing agenda items, the Council
Members may ask questions of the staff and ask for staff evaluation of the
item.
c. The Council shall be entitled to vote on items of procedure pertaining to the
pre-council meeting (Amended by Ordinance No. 2370 - March 15, 1999)
4. Chairman and Duties.
4.1 The Mayor, if present, shall preside as Chairman at all meetings of the Council.
In the absence of the Mayor, the Mayor Pro Tern shall preside. In the absence
of both Mayor and Mayor Pro Tern, the City Council shall elect a Chairman.
4.2 Call to Order.
The meetings of the City Council shall be called to order by the Mayor, or in his
absence, by the Mayor Pro Tern. In the absence of both Mayor and Mayor Pro
Tern, the meeting shall be called to order by the City Secretary.
4.3 Preservation of Order.
The Chairman shall preserve order and decorum, prevent clash of personalities
or the impugning of members' motives to occur and confine members in debate
to the question under discussion.
4.4 Points of Order.
The Chairman shall determine all points of order, subject to the right of any
member to appeal to the City Council. If any appeal is taken, the question shall
be, "Shall the decision of the Chairman be sustained?"
4.5 Questions to be Stated.
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The Chairman shall state all questions submitted for a vote and announce the
result.
4.6 Substitution for Chairman.
The Chairman may call any other member to take his place in the chair, such
substitutions not to continue beyond adjournment.
4.7 Appeal of Rulings of the Chair.
Appeal of any ruling of the Chair by any Council Member, at any meeting, may
be instituted by the words "I appeal the ruling of the Chair to the Council. JI Such
member shall then state his position on the ruling of the Chair. At that point the
Chair shall immediately call for a vote of the Council upon the appeal of the
Chair's prior ruling. The appeal shall prevail if it passes by a majority vote of
those members voting on the question and the position of the objecting member
shall prevail. If the Chair fails to immediately call for a vote on the appeal, the
Mayor Pro Tern shall call for a vote on the appeal and the Mayor Pro Tern shall
be entitled to a vote on the appeal. In this event, if the appeal carries, the Mayor
Pro Tern shall preside during that portion of the meeting devoted to the appealed
item and may vote on any substantive or procedural motion made. These rules
regarding appeal shall apply to all council meetings and pre-council meetings.
At the beginning of any meeting when the Mayor Pro Tern is absent, the Council
shall elect an acting Mayor Pro Tern. (Amended by Ordinance No. 2370 - March 15,
1999 )
5. Order of Business
5.1 Agenda.
The order of business of each meeting shall be as contained in the City Council
agenda prepared by the City Manager. The agenda shall be a listing by topic of
subjects to be considered by the City Council, and shall be delivered to members
of the City Council each Thursday preceding the Monday evening meeting to
which it pertains.
5.2 Consent Agenda.
In preparing the agenda, the City Manager shall give consideration to the number
and degree of complexity of items to be considered by the City Council for the
purpose of conserving the Council's time in meetings. Items which are
anticipated to be routine and require little or no consideration by the Council shall
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be designated by an asterisk, and shall be considered as a part of the "Consent
Agenda." Prior to taking up the Consent Agenda, the Mayor shall determine if
there are any items thereon which should be removed from the Consent Agenda
for discussion. Any Council member may, upon request, remove any item from
the Consent Agenda for discussion and individual action. Thereafter, all
remaining Consent Agenda items may be acted upon by a single motion
approving the Consent Agenda.
5.3 Council Communications.
The City Manager shall provide the City Council with a written analysis of and
recommendation of items to be acted upon by the City Council at its meetings.
These communications shall be delivered to City Council members each
Thursday preceding the Monday meeting at which time they will be discussed,
unless an emergency condition makes it necessary to deliver the communication
on a subsequent day.
5.4 Oral Presentations by City Manager.
Matters requiring the Council's attention or action which may have developed
since the deadline for delivery of the written Council Communication (Section 5.3)
may, upon approval of the City Council, and after satisfying the requirements of
the Open Meetings Act, be presented orally by the City Manager.
5.5 Citizen Presentations.
5.5.1 Any person desiring to present a subject for City Council consideration shall
advise the City Manager's office of the fact not later than 5:00 p.m., on
Wednesday preceding the meeting at which he wishes to have the subject to be
considered. Said person shall make himself available for a conference with the
City Manager at the Manager's request at some time prior to said Council
meeting.
5.5.2 At the end of each agenda any person who has not been listed on the agenda
as provided under 5.5.1, above, but who desires to speak at a Council meeting
will be recognized by the Mayor and allowed to speak provided said person
completes a form furnished inquiring as to name, address and topic.
5.5.3 Presentation by citizens shall be limited to a time period of not more than three
(3) minutes for each speaker. Any time spent by the citizen in responding to
direct questions by City Council members will not be counted against the citizen's
time allotment.
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5.5.4 These rules shall not apply to anyone appearing at a public hearing in response
to official notice.
6. Consideration of Ordinances, Resolutions, and Motions.
6.1 Printed or Typewritten Form.
All ordinances and resolutions shall be presented to the City Council only in
printed or typewritten form.
6.2 City Attorney to Approve.
All ordinances and resolutions shall be approved as to form and legality (Charter,
Article VI, Section 6) by the City Attorney.
6.3 Ordinances - When Effective.
Unless otherwise provided by applicable law, all ordinances, except those
prescribing a fine or penalty, shall be effective from and after the date of
passage, which may be upon one reading only; any ordinance prescribing a fine
or penalty shall be effective from and after the publication thereof, in the officially
designated newspaper of the City.
6.4 Distribution of Ordinances.
The City Secretary shall prepare copies of all proposed ordinances for
distribution to all members of the City Council at the meeting at which the
ordinance is introduced, or at such earlier time as is expedient.
6.5 Recording of Votes.
The vote of each Council member shall be taken upon the passage of all
ordinances and resolutions and entered upon the official record of the City
Council.
6.6 Majority Vote Required.
Approval of every ordinance, resolution, or motion shall require the affirmative
vote of a majority of all members of the City Council, except as otherwise
provided for in these rules.
6.7 Tie Vote.
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In the event of a tie vote on any motion the Mayor shall vote to break the tie.
6.8 Voting Required.
No member shall be excused from voting except on matters involving the
consideration of his own official conduct, or where his financial interests are
involved, or unless excused by the Mayor for other valid reasons (Ordinance
Number 318, Paragraph 6.8).
6.9 Order of Precedence of Motions.
The following motions shall have priority in the order indicated:
1. Adjourn (when privileged)
2. Take a recess (when privileged)*
3. Raise a question of privilege
4. Lay on table
5. Previous question (two-third vote required)
6. Limit or extend limits of debate (two-third vote required)*
7. Postpone to a certain time*
8. Commit or refer*
9. Amend*
10. Postpone indefinitely
11. Main motion*
*Can be amended - others cannot
6.10 Reconsideration.
A motion to reconsider any action of the City Council can be made not later than
the next succeeding official meeting of the City Council. All motions, discussions
and actions shall be taken at the formal official meeting, and the City Manager
shall not be authorized to list same on the Pre-Council Agenda. A motion to
reconsider can only be made by a member who voted with the majority. It can
be seconded by any member. It can be made, seconded and voted upon even
though it is not on the formal agenda. The motion to reconsider shall require a
majority vote to carry. No question shall be reconsidered twice except by
unanimous consent of the City Council, except that action relating to any contract
may be reconsidered at any time before the final execution thereof. (Amended by
Ordinance No. 1872 - February 22, 1993)
6.11 The Previous Question.
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When the previous question is moved and seconded it shall be put as follows:
"Shall the main question be now put?"
There shall be no further amendment or debate; but pending amendments shall
be put in their order before the main question. If the motion for the previous
question is lost, the main question remains before the City Council. An
affirmative vote of two-thirds of the City Council shall be required to move the
previous question.
6.12 Withdrawal of Motions.
A motion may be withdrawn, or modified by its mover without asking permission
until the motion has been stated by the Chairman. If the mover modifies his
motion, the seconder may withdraw his second. After the question has been
stated, the mover shall neither withdraw it nor modify it without the consent of the
Council.
6.13 Amendments to Motions.
No motion or proposition of a subject different from that under consideration shall
be admitted under color of amendment. A motion to amend an amendment shall
be in order, but more than one amendment to an amendment shall not be in
order.
6.14 Appropriation of Money.
Before formal approval by the City Council of motions providing for the
appropriation of money, information must be presented to the City Council
showing the purpose of the appropriation and the account to which it is to be
credited. In addition, before finally acting on such an appropriation, the City
Council shall obtain a report from the City Manager as to the availability of the
appropriation.
6.15 Transfer of Appropriations.
Upon written recommendation of the City Manager, the City Council may at any
time transfer an unencumbered balance of an appropriation made for the use in
one department or division to any other department or division.
7. Creation of Committees, Boards and Commissions.
7.1 City Council Committees.
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The City Council may, as need arises, authorize the appointment of "ad hoc"
Council committees. Except where otherwise provided by the City Charter, the
Mayor shall appoint members of the City Council committees, subject to the
approval of the Council. Any committee so created shall cease to exist upon the
accomplishment of the special purpose for which they were created, or when
abolished by majority vote of the City Council. No committee so appointed shall
have powers other than advisory to the City Councilor the City Manager, except
as otherwise provided for in the City Charter.
8. Consideration of Zoning Matters.
The City Council shall consider matters referred by the Planning and Zoning
Commission only after the following steps have been taken.
8.1 Where the Planning and Zoning Commission recommends approval of a
proposed change in the zoning classification of property, the City Secretary shall
cause to be published at least fifteen (15) days prior to said City Council
consideration, notice of the time and place of such hearing and cases to be
heard in an official paper of the City or in a paper of general circulation in the
City.
8.2 All property owners within 200 feet of the property to be rezoned shall be notified
in writing by depositing such notice, properly addressed and posted, in the United
States mail at least ten (10) days prior to such hearing, stating the time and place
of such hearing (Article 1011f, T.R.C.S.).
8.3 In the event twenty (20) percent or more of the owners of real property within the
area rezoned, or twenty (20) percent 0 the owners of real property adjacent
within 200 feet of said revision protest against such change in the zoning in
writing to the City Council through the City Manager, provided said written
petition is filed with the City Secretary or City Manager by 12:00 o'clock noon the
Thursday prior to the Council meeting at which said zoning matter is scheduled
to be heard, such amendment shall not become effective except by favorable
vote of three-fourths of all members of the City Council (Article 1011 e, T.R.C.S.).
8.4 When the Planning and Zoning Commission recommends the disapproval of a
requested rezoning of property to the City Council, before the City Council can
reverse the recommendation of the Planning and Zoning Commission the City
Council must:
1. Set a special hearing.
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2. Give notice as provided in Sections 8.1 and 8.2 of these
Rules of Procedure.
9. Cumulative Clause.
9.1 These City Council Rules of Procedure shall be cumulative of all other City
Council Rules of Procedure of the City of North Richland Hills relating to the
subject matter hereof, except where ordinances or other rules are, or parts
thereof are, in conflict with the provisions of these rules, in which event such
rules or parts of rules so conflicting are hereby expressly repealed.
10. Effective Date.
10.1 The City Council Rules of Procedure shall take effect and be in full force and
effect from and after the date of its passage by the City Council of North Richland
10.2 Hills.
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ATTACHMENT A
CITY OF NORTH RICHLAND fiLLS
CHARTER
ARTICLE XVIII
Section 13. Ethics
(1) No elected or appointed officer of employee of the City shall benefit
unduly by reason of his holding public office.
(2) No officer or employee having a direct or indirect interest in any
proposed or existing contract, purchase, work, sale or service to or by the
City shall vote or render a decision, or use his position, authority or
influence in a manner that would result in his financial betterment to any
degree. Further, any elected officer shall publicly disclose any such
interest upon assumption of office or prior to consideration of any such
matters. This provision is cumulative to Article 371 and 373 of the Penal
Code, and all other applicable laws in regard to elected officials.
(3) Failure to comply with any provisions of the foregoing Section 13 (1) or
13 (2) shall constitute malfeasance in office and any officer or employee
failing to so comply shall immediately forfeit his office or position, and said
office or position shall be deemed vacant.
(4) Any violation of the foregoing Sections 13 (1) or 13 (2) with the
knowledge, express or implied, of persons or corporations contracting with
the City shall render the contract voidable by the Council.
ATTACHMENT B
CHAPTER 171. REGULATION OF CONFLICTS OF INTEREST OF OFFICERS OF
MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
Sec. 171.001. Definitions
In this chapter:
(1) "Local public official" means a member of the governing body or another
officer, whether elected, appointed, paid or unpaid, of any district (including a
school district), county, municipality, precinct, central appraisal district, transit
authority or district, or other local governmental entity who exercises
responsibilities beyond those that are advisory in nature.
(2) "Business entity" means a sole proprietorship, partnership, firm,
corporation, holding company, joint-stock company, receivership, trust, or any
other entity recognized by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 171.002. Substantial Interest in Business Entity.
(a) For purposes of this chapter, a person has a substantial interest in a
business entity if:
(1) the person owns 10 percent of more of the voting stock or
shares of the business entity or owns either 10 percent or more
or $15,000 or more of the fair market value of the business
entity; or
(2) funds received by the person from the business entity
exceed 10 percent of the person's gross income for the previous
year.
(b) A person has a substantial interest in real property if the interest is
an equitable or legal ownership with a fair market value of $2,500 or
more.
(c) A local public official is considered to have a substantial interest
under this section if a person related to the official in the first degree
by consanguinity or affinity, as determined under Chapter 573,
Government Code, has a substantial interest under this section.
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ATTACHMENT B
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987
Amended by Acts 1989, 715t Leg., ch. 1, Sec. 40(a), eft. Aug. 28,1989; Acts 1991,
72nd Leg., ch. 561, Sec. 37, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec.
5.95(27), eff. Sept. 1, 1995.
Sec. 171.0025. Application of Chapter to Member of Higher Education Authority.
This chapter does not apply to a board member of a higher education authority
created under Chapter 53, Education Code, unless a vote, act, or other participation by
the board member in the affairs of the higher education authority would provice a
financial benefit to a financial institution, school, or university that is:
(1) a source of income to the board; or
(2) a business entity in which the board member has an interest
distinguishable from a financial benefit available to any other similar
financial institution or other school, college, or university whose students
are eligible for a student loan available under Chapter 53, Education
Code.
Added by Acts 1989, 715t Leg., ch. 1, Sec. 41 (a), eff. Aug. 28,1989.
Sec. 171.003. Prohibited Acts; Penalty
(a) A local public official commits an offense if the official knowingly:
(1) violates Section 171.004;
(2) acts as surety for a business entity that has work,
business, or a contract with the governmental entity or;
(3) acts as surety on any official bond required of an officer of
the governmental entity.
(b) An offense under this section is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eft. Sept. 1, 1987
Amended by Acts 1989, 715t Leg., ch. 1, Sec. 40(a), eff. Aug. 28,1989.
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ATTACHMENT B
Sec. 171.004. Affidavit and Abstention from Voting Required.
(a) If a local public official has a substantial interest in a business entity or in
real property, the official shall file, before a vote or decision on any matter
involving the business entity or the real property, an affidavit stating the nature
and extent of the interest and shall abstain from further participation in the matter
if:
(1) in the case of a substantial interest in business entity the action on
the matter will have a special economic effect on the business entity that
is distinguishable from the effect on the public; or
(2) in the case of a substantial interest in real property, it is reasonably
foreseeable that an action on the matter will have a special economic
effect on the value of the property, distinguishable from its effect on the
public.
(b) The affidavit must be filed with the official record keeper of the
governmental entity.
(c) If a local public official is required to file and does file an affidavit under
Subsection (a), the official is not required to abstain from further participation in
the matter requiring the affidavit if a majority of the members of the governmental
entity of which the official is a member is composed of persons who are likewise
required to file and who do file affidavits of similar interests on the same official
action.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept 1, 1987.
Amended by Acts 1989, 7151 Leg., ch. 1, Sec. 40(a), eff. Aug. 28,1989.
Sec. 171.005. Voting on Budget
(a) The governing body of a governmental entity shall take a separate vote
on any budget item specifically dedicated to a contract with a business entity in
which a member of the governing body has substantial interest.
(b) Except as provided by Section 171.004(c), the affected member may not
participate in that separate vote. The member may vote on a final budget if:
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(1) the member has complied with this chapter; and
(2) the matter in which the member is concerned has been resolved.
Acts 1987, 70th Leg., ch. 149, Sec 1, eff. Sept. 1, 1987. Renumbered from Sec.
171.006 and amended by Acts 1989, 715t Leg., ch. 1, Sec. 40(a), eff. Aug. 28,1989.
Sec. 171.006. Effect of Violation of Chapter.
The finding by a court of a violation under this chapter does not render an
action of the governing body voidable unless the measure that was the subject of an
action involving a conflict of interest would not have passed the governing body
without the vote of the person who violated the chapter.
Act 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Renumbered from Sec.
171.008 by Acts 1989, 715t Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
Sec 171.007. Common Law Preempted; Cumulative of Municipal Provisions
(a) This chapter preempts the common law of conflict of interests as applied
to local public officials.
(b) This chapter is cumulative of municipal charter provisions and municipal
ordinances defining and prohibiting conflicts of interests.
Amended by Acts 1989, 715t Leg., ch. 1, Sec. 40(a), eff. Aug. 28,1989.
Sec. 171.009. Service on Board of Corporation for no Compensation.
It shall be lawful for a local public official to serve as a member of the board of
directors of private, nonprofit corporations when such officials receive no compensation
or other remuneration from the nonprofit corporation or other nonprofit entity.
Added by Acts 1989, 715t Leg., ch. 475, Sec. 2, eff. Aug. 28,1989.
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