Texas Local Government Code 335.108 – Disclosure of Vendor Relationship by Directors and Employees
(a) The board by rule shall design a conflicts disclosure statement for directors and employees that includes:
(1) a requirement that each director and employee disclose:
(A) an employment or other business relationship with a vendor that results in the director’s or employee’s receiving taxable income, including the nature and extent of the relationship; and
(B) any gifts received in a 12-month period by that director or employee from a vendor that have a total value of more than $250;
(2) an acknowledgment from the director or employee that:
(A) the disclosure applies to a person related to that director or employee within the first degree by consanguinity or by affinity, as defined by Subchapter B, Chapter 573, Government Code; and
(B) the statement covers the preceding 12 months; and
(3) a signature by the director or employee acknowledging execution of the statement under penalty of perjury.
(b) The disclosure requirement applies to a director or employee and requires disclosure for a person related to that director or employee within the first degree by consanguinity or by affinity, as defined by Subchapter B, Chapter 573, Government Code.
Terms Used In Texas Local Government Code 335.108
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. 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
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Rule: includes regulation. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A director or employee shall file a conflicts disclosure statement with the board secretary not later than the end of the first business day on which the director or employee became aware of the relationship between the district and the vendor if:
(1) the vendor has contracted with the district;
(2) the district is considering conducting business with the vendor; or
(3) a vendor offered one or more gifts to that director or employee in the previous 12-month period that have a total value of more than $250.
(d) If a director has knowledge that another director has not made a disclosure required by this section, the director may notify the presiding officer of the board of this fact, or may notify the board secretary if the presiding officer is the person who failed to make the disclosure. The presiding officer or secretary, as appropriate, may make a preliminary inquiry regarding the disclosure and may notify in writing the official who appointed the director of the alleged failure to disclose and the reasons for believing that a failure to disclose occurred.
(e) An employee may not receive during a 12-month period any gifts from a vendor that have a total value of more than $250 unless the employee receives written approval from the presiding officer.