State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-574-dual-office-holding

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE B. ETHICS

CHAPTER 574. DUAL OFFICE HOLDING

Sec. 574.001. FINDING OF CONSTITUTIONAL COMPLIANCE. (a) A

nonelective state officer may not accept an offer to serve in

another nonelective office unless the officer obtains from the

governing body or, if there is not a governing body, the

executive head of the agency, division, department, or

institution with which the officer is associated a finding that

the officer has satisfied Article XVI, Section 40, of the Texas

Constitution.

(b) A person may hold the office of municipal judge for more

than one municipality at the same time if each office is filled

by appointment. The holding of these offices at the same time is

of benefit to this state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 37, Sec. 1, eff. May

5, 1997.

Sec. 574.002. RECORD. A governing body or executive head shall

make a record of:

(1) a finding under Section 574.001; and

(2) any compensation that the nonelective officer is to receive

from holding the additional office, including salary, bonus, or

per diem payment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 574.003. RULES. A governing body or executive head shall

adopt rules to implement this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. Nothing in this

chapter shall prevent the attorney general from providing

assistance to district attorneys, criminal district attorneys,

and county attorneys on request by allowing assistant attorneys

general to serve as duly appointed and deputized assistant

prosecutors, nor shall this chapter prohibit the appointment of

an assistant attorney general as an attorney pro tem pursuant to

Article 2.07, Code of Criminal Procedure.

Added by Acts 1995, 74th Leg., ch. 785, Sec. 4, eff. Sept. 1,

1995.

Sec. 574.005. LOCAL GOVERNMENT OFFICERS ON STATE GOVERNING

BODIES. (a) In this section:

(1) "Local government" means a county, a municipality, a special

district or authority, or another political subdivision of this

state.

(2) "State agency" means a department, commission, board,

office, council, authority, or other agency in the executive

branch of state government that is created by the constitution or

a statute of this state, including a university system or

institution of higher education as defined by Section 61.003,

Education Code.

(b) An individual who holds an elected or appointed local

government office may be appointed to the governing body of a

state agency if otherwise eligible. The individual may not

receive compensation for serving on the governing body of the

state agency but may be reimbursed as provided by other law for a

reasonable and necessary expense incurred in the performance of

an official function.

(c) Rules adopted under Section 574.003 are not required to

implement this section.

Added by Acts 2003, 78th Leg., ch. 879, Sec. 1, eff. June 20,

2003.

State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-574-dual-office-holding

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE B. ETHICS

CHAPTER 574. DUAL OFFICE HOLDING

Sec. 574.001. FINDING OF CONSTITUTIONAL COMPLIANCE. (a) A

nonelective state officer may not accept an offer to serve in

another nonelective office unless the officer obtains from the

governing body or, if there is not a governing body, the

executive head of the agency, division, department, or

institution with which the officer is associated a finding that

the officer has satisfied Article XVI, Section 40, of the Texas

Constitution.

(b) A person may hold the office of municipal judge for more

than one municipality at the same time if each office is filled

by appointment. The holding of these offices at the same time is

of benefit to this state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 37, Sec. 1, eff. May

5, 1997.

Sec. 574.002. RECORD. A governing body or executive head shall

make a record of:

(1) a finding under Section 574.001; and

(2) any compensation that the nonelective officer is to receive

from holding the additional office, including salary, bonus, or

per diem payment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 574.003. RULES. A governing body or executive head shall

adopt rules to implement this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. Nothing in this

chapter shall prevent the attorney general from providing

assistance to district attorneys, criminal district attorneys,

and county attorneys on request by allowing assistant attorneys

general to serve as duly appointed and deputized assistant

prosecutors, nor shall this chapter prohibit the appointment of

an assistant attorney general as an attorney pro tem pursuant to

Article 2.07, Code of Criminal Procedure.

Added by Acts 1995, 74th Leg., ch. 785, Sec. 4, eff. Sept. 1,

1995.

Sec. 574.005. LOCAL GOVERNMENT OFFICERS ON STATE GOVERNING

BODIES. (a) In this section:

(1) "Local government" means a county, a municipality, a special

district or authority, or another political subdivision of this

state.

(2) "State agency" means a department, commission, board,

office, council, authority, or other agency in the executive

branch of state government that is created by the constitution or

a statute of this state, including a university system or

institution of higher education as defined by Section 61.003,

Education Code.

(b) An individual who holds an elected or appointed local

government office may be appointed to the governing body of a

state agency if otherwise eligible. The individual may not

receive compensation for serving on the governing body of the

state agency but may be reimbursed as provided by other law for a

reasonable and necessary expense incurred in the performance of

an official function.

(c) Rules adopted under Section 574.003 are not required to

implement this section.

Added by Acts 2003, 78th Leg., ch. 879, Sec. 1, eff. June 20,

2003.


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State Codes and Statutes

Statutes > Texas > Government-code > Title-5-open-government-ethics > Chapter-574-dual-office-holding

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE B. ETHICS

CHAPTER 574. DUAL OFFICE HOLDING

Sec. 574.001. FINDING OF CONSTITUTIONAL COMPLIANCE. (a) A

nonelective state officer may not accept an offer to serve in

another nonelective office unless the officer obtains from the

governing body or, if there is not a governing body, the

executive head of the agency, division, department, or

institution with which the officer is associated a finding that

the officer has satisfied Article XVI, Section 40, of the Texas

Constitution.

(b) A person may hold the office of municipal judge for more

than one municipality at the same time if each office is filled

by appointment. The holding of these offices at the same time is

of benefit to this state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 37, Sec. 1, eff. May

5, 1997.

Sec. 574.002. RECORD. A governing body or executive head shall

make a record of:

(1) a finding under Section 574.001; and

(2) any compensation that the nonelective officer is to receive

from holding the additional office, including salary, bonus, or

per diem payment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 574.003. RULES. A governing body or executive head shall

adopt rules to implement this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. Nothing in this

chapter shall prevent the attorney general from providing

assistance to district attorneys, criminal district attorneys,

and county attorneys on request by allowing assistant attorneys

general to serve as duly appointed and deputized assistant

prosecutors, nor shall this chapter prohibit the appointment of

an assistant attorney general as an attorney pro tem pursuant to

Article 2.07, Code of Criminal Procedure.

Added by Acts 1995, 74th Leg., ch. 785, Sec. 4, eff. Sept. 1,

1995.

Sec. 574.005. LOCAL GOVERNMENT OFFICERS ON STATE GOVERNING

BODIES. (a) In this section:

(1) "Local government" means a county, a municipality, a special

district or authority, or another political subdivision of this

state.

(2) "State agency" means a department, commission, board,

office, council, authority, or other agency in the executive

branch of state government that is created by the constitution or

a statute of this state, including a university system or

institution of higher education as defined by Section 61.003,

Education Code.

(b) An individual who holds an elected or appointed local

government office may be appointed to the governing body of a

state agency if otherwise eligible. The individual may not

receive compensation for serving on the governing body of the

state agency but may be reimbursed as provided by other law for a

reasonable and necessary expense incurred in the performance of

an official function.

(c) Rules adopted under Section 574.003 are not required to

implement this section.

Added by Acts 2003, 78th Leg., ch. 879, Sec. 1, eff. June 20,

2003.


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