CHAPTER 553. PUBLIC DISCLOSURE

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GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 553. PUBLIC DISCLOSURE

SUBCHAPTER A. DISCLOSURE BY PUBLIC SERVANT OF INTEREST IN

PROPERTY TO BE ACQUIRED WITH PUBLIC FUNDS

Sec. 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.

Sec. 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.

(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.

Sec. 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.

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

Sec. 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.

Sec. 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.

Sec. 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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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