Texas Local Government Code Title 5, Chapter 161 - County Ethics Commission In Certain Counties

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 161.001 - Applicability Of Chapter
  This chapter applies only to a county that: (1) has a population of 800,000 or more; (2) is located on the international border; and (3)...
• Texas Section 161.002 - Definitions
  In this chapter: (1) "Commission" means a county ethics commission created under this chapter. (2) "Commission staff" means county employees assigned to provide administrative support...

SUBCHAPTER B CREATION OF COMMISSION; APPOINTMENT OF COMMISSION MEMBERS

• Texas Section 161.003 - Conflict With Civil Service Agreement
  (a) This chapter may not be construed to affect: (1) the terms of an agreement authorized by Chapter 174 between the county and county employees;...
• Texas Section 161.051 - Creation Of Commission By Order
  (a) The commissioners court of a county, by an order adopted by a majority of the court's full membership, may create a county ethics commission....
• Texas Section 161.052 - Creation Of Commission By Election
  (a) A county ethics commission may be created by approval of the system by a majority of the qualified voters of the county voting at...
• Texas Section 161.053 - Ballot
  The commissioners court shall order the ballot at the election to be printed to provide for voting for or against the proposition: "Creation of a...
• Texas Section 161.054 - Result Of Election
  If the proposition is approved, the commissioners court shall declare the result and by order create the county ethics commission. A copy of the order...
• Texas Section 161.055 - Appointment Of Commission
  (a) The commission is composed of: (1) five members, each of whom is appointed by the county judge or a county commissioner; and (2) five...
• Texas Section 161.056 - Eligibility
  (a) To be eligible for appointment to the commission, a person must: (1) be at least 18 years old; (2) be a property taxpayer in...
• Texas Section 161.057 - Terms
  (a) Members of the commission serve terms of two years. Members appointed as provided by Section 161.055(a)(1) serve terms beginning on February 1 of each...
• Texas Section 161.058 - Vacancies
  (a) A vacancy on the commission shall be filled for the remainder of the unexpired term as follows: (1) if the vacancy involves a member...
• Texas Section 161.059 - Meetings
  (a) The commission shall meet on a regular basis. (b) The commission is a governmental body for purposes of Chapter 551, Government Code. (c) Except...
• Texas Section 161.0591 - Chair
  Sec. 161.0591. CHAIR. (a) The position of chair is selected from the commission members by a majority vote of the commission members. The chair serves...
• Texas Section 161.060 - Removal Of Commission Member
  A member of the commission is a county officer described by Section 87.012(15) and may be removed as provided by Chapter 87 if, after a...

SUBCHAPTER C POWERS

• Texas Section 161.061 - Legal Representation
  The county attorney, or district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall represent the...
• Texas Section 161.101 - General Powers
  (a) The commission shall adopt, publish, and enforce an ethics code governing county public servants. (b) The commission may adopt or use as a guide...
• Texas Section 161.102 - Advisory Opinions
  On the request of any person covered by the ethics code adopted by the commission, the commission may issue a written ethics advisory opinion regarding...
• Texas Section 161.103 - Public Interest Information
  (a) The commission shall develop plain-language materials as described by this section. The commission shall post the information on the county's Internet website and make...
• Texas Section 161.104 - Commission Member Education And Training
  (a) Not later than the 30th day after the date a person is appointed to the commission, the person must complete training on the following...
• Texas Section 161.105 - Education And Training For Persons Covered By Ethics Code
  (a) The commission and commission staff shall make available periodic training for persons covered by the ethics code adopted by the commission. (b) The training...

SUBCHAPTER D COMPLAINT PROCEDURES AND HEARINGS

• Texas Section 161.106 - Certain Discussions Of Pending Complaints Prohibited
  Until a sworn complaint alleging a violation of the ethics code is resolved, a member of the commission may not discuss the complaint with a...
• Texas Section 161.151 - Definitions
  In this subchapter: (1) "Category One violation" means a violation of the ethics code adopted by the commission as to which it is generally not...
• Texas Section 161.152 - Complaint Procedures And Hearings
  The commission shall adopt the complaint procedures and hearings set forth in this subchapter. The commission may adopt additional procedures not in conflict with this...
• Texas Section 161.153 - Hearings And Settlement
  (a) The commission may: (1) hold a hearing on a sworn complaint and render a decision on a complaint or report of a violation as...
• Texas Section 161.154 - Categorization Of Violations
  An allegation of a violation listed as a Category One violation shall be treated as a Category Two violation if the commission at any time...
• Texas Section 161.155 - Filing Of Complaint; Contents
  (a) An individual may file with the commission a sworn complaint, on a form prescribed by the commission, alleging that a person subject to the...
• Texas Section 161.1551 - Standing Preliminary Review Committee
  (a) The standing preliminary review committee shall perform the actions prescribed by this subchapter in conducting a preliminary review of each sworn complaint filed with...
• Texas Section 161.156 - Processing Of Complaint
  (a) The standing preliminary review committee shall determine whether a sworn complaint filed with the commission complies with the form requirements of Section 161.155. (b)...
• Texas Section 161.157 - Retaliation Against County Employee Reporting Violation Of Ethics Code Prohibited
  (a) A county public servant may not suspend or terminate the employment of or take other adverse action against a county employee who in good...
• Texas Section 161.158 - Preliminary Review: Initiation
  (a) The standing preliminary review committee shall promptly conduct a preliminary review on receipt of a written complaint that is in compliance with the form...
• Texas Section 161.159 - Preliminary Review: Response By Respondent
  (a) If the alleged violation is a Category One violation: (1) the respondent must respond to the notice required by Section 161.156(b) not later than...
• Texas Section 161.160 - Preliminary Review: Written Questions
  During a preliminary review, the commission staff may submit to the complainant or respondent written questions reasonably intended to lead to the discovery of matters...
• Texas Section 161.161 - Preliminary Review And Preliminary Review Procedures
  The commission shall adopt procedures for the conduct of preliminary reviews and preliminary review hearings. The procedures must include: (1) a reasonable time for responding...
• Texas Section 161.162 - Preliminary Review Hearing: Procedure
  (a) The standing preliminary review committee shall conduct a preliminary review hearing if: (1) following the preliminary review, the standing preliminary review committee and the...
• Texas Section 161.163 - Preliminary Review Hearing: Resolution
  (a) As soon as practicable after the completion of a preliminary review hearing, the standing preliminary review committee by vote shall issue a decision stating:...
• Texas Section 161.164 - Formal Hearing: Standard Of Evidence
  During a formal hearing, the commission shall determine by a preponderance of the evidence whether a violation within the jurisdiction of the commission has occurred....
• Texas Section 161.165 - Formal Hearing: Subpoenas And Witnesses
  (a) A subpoena or other request to testify shall be served sufficiently in advance of the scheduled appearance at a formal hearing to allow a...
• Texas Section 161.166 - Formal Hearing: Procedure
  (a) Not later than the 10th day before the date of a scheduled formal hearing or on the granting of a motion for discovery by...
• Texas Section 161.167 - Formal Hearing: Resolution
  (a) At the conclusion of the formal hearing or not later than the 40th day after the date of the formal hearing, the commission may...
• Texas Section 161.168 - Status Of Complaint
  (a) The commission shall keep an information file about each sworn or other complaint filed with the commission. The file must include: (1) the name...
• Texas Section 161.169 - Extension Of Deadline
  The commission may, on its own motion or on the reasonable request of a respondent, extend any deadline for action relating to a sworn complaint,...
• Texas Section 161.170 - Subpoena
  (a) In connection with a formal hearing, the commission, as authorized by this chapter, may subpoena and examine witnesses and documents that directly relate to...
• Texas Section 161.171 - Status Of Complainant
  The complainant is not a party to a preliminary review, preliminary review hearing, or formal hearing under this subchapter. Added by Acts 2009, 81st Leg.,...
• Texas Section 161.172 - Applicability Of Other Acts
  (a) Except as provided by Section 161.173(b), Chapter 552, Government Code, does not apply to documents or any additional evidence relating to the processing, preliminary...
• Texas Section 161.173 - Confidentiality; Offense
  (a) Except as provided by Subsection (b), (c), or (m), proceedings at a preliminary review hearing performed by the standing preliminary review committee, a sworn...

SUBCHAPTER E ENFORCEMENT

• Texas Section 161.174 - Availability Of Commission Orders On Internet
  (a) As soon as practicable following a preliminary review, preliminary review hearing, or formal hearing at which the commission determines that a person has committed...
• Texas Section 161.201 - Order
  The commission may: (1) issue and enforce a cease and desist order to stop a violation; (2) issue an affirmative order to require compliance with...
• Texas Section 161.202 - Civil Penalty For Delay Or Violation
  (a) The commission may impose a civil penalty of not more than $500 for each delay in complying with a commission order. (b) The commission...
• Texas Section 161.203 - Waiver Or Reduction Of Penalty
  (a) A person may request the waiver or reduction of a civil penalty by submitting an affidavit to the commission that states the filer's reasons...
• Texas Section 161.204 - Notification Of Regulatory Or Supervisory Entity
  The commission may notify the appropriate regulatory or supervisory entity, including any agency, the State Commission on Judicial Conduct, or the State Bar of Texas,...
• Texas Section 161.205 - Civil Penalty For Frivolous Or Bad-faith Complaint
  (a) The commission may impose a civil penalty of not more than $4,000 for the filing of a frivolous or bad-faith complaint. In this subsection,...
• Texas Section 161.206 - Factors Considered For Assessment Of Sanction
  The commission shall consider the following factors in assessing a sanction: (1) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity...
• Texas Section 161.207 - Appeals
  (a) A respondent may appeal the decision by filing a petition in a district court in the county within 30 days after the date of...
• Texas Section 161.208 - Delivery Of Record To Reviewing Court
  (a) After service of the petition on the commission and within the time permitted for filing an answer or within additional time allowed by the...
• Texas Section 161.209 - Cost Of Preparing Commission Record
  (a) The commission may require a party who appeals a final decision under Section 161.207 to pay one-half of the cost of preparation of the...

SUBCHAPTER F DISSOLUTION OF COMMISSION

• Texas Section 161.210 - Collections
  The county attorney may collect a fine or other penalty imposed by the commission under this chapter in the same manner as provided for the...
• Texas Section 161.301 - Petition For Dissolution Of Commission
  If, after an ethics commission created pursuant to Section 161.052 has been in effect for at least one year, 10 percent of the qualified voters...
• Texas Section 161.302 - Dissolution Election
  (a) An election under this subchapter must be held in the manner provided for an election to create a county ethics commission. (b) The ballot...
• Texas Section 161.303 - Dissolution Of Commission
  If the proposition is approved by a majority of the qualified voters voting at the election, the commissioners court shall declare the result and by...
• Texas Section 161.304 - Saving Provisions
  The dissolution of a county ethics commission under this subchapter does not affect: (1) the prior operation of the ethics code adopted by the commission...

Last modified: September 28, 2016