CHAPTER 574. DUAL OFFICE HOLDING
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS
SUBTITLE B. ETHICS
CHAPTER 574. DUAL OFFICE HOLDING
Sec. 574.001. FINDING OF CONSTITUTIONAL COMPLIANCE. (a) A
nonelective state officer may not accept an offer to serve in
another nonelective office unless the officer obtains from the
governing body or, if there is not a governing body, the
executive head of the agency, division, department, or
institution with which the officer is associated a finding that
the officer has satisfied Article XVI, Section 40, of the Texas
Constitution.
(b) A person may hold the office of municipal judge for more
than one municipality at the same time if each office is filled
by appointment. The holding of these offices at the same time is
of benefit to this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 37, Sec. 1, eff. May
5, 1997.
Sec. 574.002. RECORD. A governing body or executive head shall
make a record of:
(1) a finding under Section 574.001; and
(2) any compensation that the nonelective officer is to receive
from holding the additional office, including salary, bonus, or
per diem payment.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 574.003. RULES. A governing body or executive head shall
adopt rules to implement this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. Nothing in this
chapter shall prevent the attorney general from providing
assistance to district attorneys, criminal district attorneys,
and county attorneys on request by allowing assistant attorneys
general to serve as duly appointed and deputized assistant
prosecutors, nor shall this chapter prohibit the appointment of
an assistant attorney general as an attorney pro tem pursuant to
Article 2.07, Code of Criminal Procedure.
Added by Acts 1995, 74th Leg., ch. 785, Sec. 4, eff. Sept. 1,
1995.
Sec. 574.005. LOCAL GOVERNMENT OFFICERS ON STATE GOVERNING
BODIES. (a) In this section:
(1) "Local government" means a county, a municipality, a special
district or authority, or another political subdivision of this
state.
(2) "State agency" means a department, commission, board,
office, council, authority, or other agency in the executive
branch of state government that is created by the constitution or
a statute of this state, including a university system or
institution of higher education as defined by Section 61.003,
Education Code.
(b) An individual who holds an elected or appointed local
government office may be appointed to the governing body of a
state agency if otherwise eligible. The individual may not
receive compensation for serving on the governing body of the
state agency but may be reimbursed as provided by other law for a
reasonable and necessary expense incurred in the performance of
an official function.
(c) Rules adopted under Section 574.003 are not required to
implement this section.
Added by Acts 2003, 78th Leg., ch. 879, Sec. 1, eff. June 20,
2003.