Texas Government Code 21.010 – Financial Interest in Private Correctional and Rehabilitation Facilities Prohibited
(a) A justice or judge, as applicable, of the supreme court, the court of criminal appeals, a court of appeals, a district court, a county court, a county court at law, or a statutory probate court may not, on the date the person takes office as a justice or judge or while serving as a justice or judge, have a significant interest in a business entity that owns, manages, or operates:
(1) a community residential facility described by § 508.119;
(2) a correctional or rehabilitation facility subject to Chapter 244, Local Government Code; or
(3) any other facility intended to accomplish a purpose or provide a service described by § 508.119(a) to a person convicted of a misdemeanor or felony or found to have engaged in delinquent conduct who is housed in the facility:
(A) while serving a sentence of confinement following conviction of an offense or an adjudication of delinquent conduct; or
(B) as a condition of community supervision, probation, parole, or mandatory supervision.
(b) A justice or judge is considered to have a significant interest in a business entity described by Subsection (a) for purposes of this section if:
(1) the justice or judge owns any voting stock or share or has a direct investment in the business entity; or
(2) the justice or judge receives money from the business entity.
Terms Used In Texas Government Code 21.010
- Conviction: A judgement of guilt against a criminal defendant.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(c) A violation of this section by a justice or judge is considered a violation of Canon 4D(1), Code of Judicial Conduct. A justice or judge who has an interest in a business entity that is prohibited by this section must report the interest to the State Commission on Judicial Conduct.