19 Tex. Admin. Code § 100.1147 - Conflicts Requiring Affidavit and Abstention from Voting
(a) Affidavit and abstention required. If a
local public official has a substantial interest in a business entity or in
real property, the official must file, before a vote, decision, or other action
on any matter involving the business entity or the real property, an affidavit
stating the nature and extent of the interest and must abstain from further
participation in the matter if:
(1) in the
case of a substantial interest in a business entity, the vote, decision, or
other 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 a vote, decision, or other
action on the matter will have a special economic effect on the value of the
property, distinguishable from its effect on the public.
(b) Affidavit filed. The affidavit described
in subsection (a) of this section must be filed with the official recordkeeper
of the charter holder.
(c)
Abstention excused. If a local public official is required to file and does
file an affidavit under subsection (a) of this section, the local public
official is not required to abstain from further participation in the matter
requiring the affidavit if:
(1) the local
public official is a member of the governing body of the charter holder or the
charter school; and
(2) a majority
of the members of the governing body of which the local public 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.
(d) Local public
official. A member of a governing body of a charter holder, a member of the
governing body of an open-enrollment charter school, or an officer of an
open-enrollment charter school is considered to be a local public official for
purposes of this section.
(e)
Minutes. The minutes of a meeting during which a matter subject to this section
is discussed or decided must clearly identify each person participating, each
person abstaining, each person voting, and the vote of each person.
(f) Resolution. A matter subject to this
section must be approved through a written resolution adopted by the governing
board of the charter holder and signed by the members voting in favor of
it.
(g) Violation. A violation of
this section or Local Government Code, Chapter 171, constitutes a material
violation of charter contract.
Notes
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