CHAPTER 553. PUBLIC DISCLOSURE
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS
SUBTITLE A. OPEN GOVERNMENT
CHAPTER 553. PUBLIC DISCLOSURE
SUBCHAPTER A. DISCLOSURE BY PUBLIC SERVANT OF INTEREST IN
PROPERTY TO BE ACQUIRED WITH PUBLIC FUNDS
Sec. 553.001. DEFINITIONS. In this subchapter:
(1) "Public funds" includes only funds collected by or through a
government.
(2) "Public servant" means a person who is elected, appointed,
employed, or designated, even if not yet qualified for or having
assumed the duties of office, as:
(A) a candidate for nomination or election to public office; or
(B) an officer of government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 553.002. DISCLOSURE OF INTEREST IN PROPERTY. (a) A public
servant who has a legal or equitable interest in property that is
to be acquired with public funds shall file an affidavit within
10 days before the date on which the property is to be acquired
by purchase or condemnation.
(b) The affidavit must:
(1) state the name of the public servant;
(2) state the public servant's office, public title, or job
designation;
(3) fully describe the property;
(4) fully describe the nature, type, and amount of interest in
the property, including the percentage of ownership interest;
(5) state the date when the person acquired an interest in the
property;
(6) include a verification as follows: "I swear that the
information in this affidavit is personally known by me to be
correct and contains the information required by Section 553.002,
Government Code"; and
(7) contain an acknowledgement of the same type required for
recording a deed in the deed records of the county.
(c) The affidavit must be filed with:
(1) the county clerk of the county in which the public servant
resides; and
(2) the county clerk of each county in which the property is
located.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 553.003. CRIMINAL PENALTY; PRESUMPTION. (a) A person
commits an offense if the person violates Section 553.002 and the
person has actual notice of the acquisition or intended
acquisition of the legal or equitable interest in the property.
(b) A person who violates Section 553.002 by not filing the
affidavit required by that section is presumed to have the intent
to commit an offense under this section.
(c) An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER B. FAILURE BY PUBLIC OFFICER TO PUBLISH LEGAL NOTICE
OR FINANCIAL STATEMENT
Sec. 553.021. DEFINITION. In this subchapter, "public officer"
means an officer of the state or of a county, municipality, or
school district of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 553.022. FAILURE TO PUBLISH LEGAL NOTICE OR FINANCIAL
STATEMENT; CIVIL PENALTY. (a) A public officer who is required
by law to publish a legal notice or financial statement commits
nonfeasance of office if the officer fails to make the
publication.
(b) A public officer who commits nonfeasance of office:
(1) is subject to forfeiture of salary for the month in which
the notice or statement is not published; and
(2) may be removed from office if the officer wilfully continues
to commit nonfeasance of office under Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 553.023. ENFORCEMENT. (a) The county or district attorney
of the county in which a public officer who commits nonfeasance
of office under Section 553.022 resides may file an action to
enjoin or recover payment of salary or to remove the person from
office.
(b) An action under this section must be filed in the
appropriate district court.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.