Sec. 232.078. CONFLICT OF INTEREST; PENALTY. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. The term does not mean an individual lot in a subdivided tract of land.
(b) A person has an interest in a subdivided tract if the person:
(1) has an equitable or legal ownership interest in the tract;
(2) acts as a developer of the tract;
(3) owns voting stock or shares of a business entity that:
(A) has an equitable or legal ownership interest in the tract; or
(B) acts as a developer of the tract; or
(4) receives in a calendar year money or any thing of value from a business entity described by Subdivision (3).
(c) A person also is considered to have an interest in a subdivided tract if the person is related in the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to a person who, under Subsection (b), has an interest in the tract.
(d) If a member of the commissioners court has an interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit with the county clerk stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the county clerk.
(e) A member of the commissioners court of a county commits an offense if the member violates Subsection (d). An offense under this subsection is a Class A misdemeanor.
(f) The finding by a court of a violation of this section does not render voidable an action of the commissioners court unless the measure would not have passed the commissioners court but for the vote of the member who violated this section.
(g) A conviction under Subsection (e) constitutes official misconduct by the member and is grounds for removal from office.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.
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