Tex. Loc. Gov't Code § 171.004 · Chapter 171. REGULATION OF CONFLICTS OF INTEREST OF OFFICERS OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS

AFFIDAVIT AND ABSTENTION FROM VOTING REQUIRED.

Verbatim from the official edition

Text — Current through the 89th 2nd Called Legislative Session, 2025

(a) If a local public official has a substantial interest in a business entity or in real property, the official shall file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

(1) in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or

(2) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

(b) The affidavit must be filed with the official record keeper of the governmental entity.

(c) If a local public official is required to file and does file an affidavit under Subsection (a), the official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the members of the governmental entity of which the official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action.

Notes and commentary — not statutory text

History

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.

Source of truth

Edition: Current through the 89th 2nd Called Legislative Session, 2025
Official file: https://statutes.capitol.texas.gov/Docs/LG/htm/LG.171.htm
Text hash: sha256 1afac18ef8941868d4513dd95d373e7c9b6d48f21a1aa086fce455580397d7ce
Composed by: compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character

Cited by 38 provisions

Provisions in this library whose text cites Tex. Loc. Gov't Code § 171.004. Each shows the citation as that text prints it.

Agriculture Code

Tex. Agric. Code § 60.088CONFLICTS OF INTEREST; AFFIDAVIT OF INTEREST.Printed as Section 171.004, Local Government Code

Local Government Code

Special District Local Laws Code

Transportation Code

Tex. Transp. Code § 472.033APPLICABILITY OF CONFLICTS OF INTEREST LAW TO POLICY BOARD MEMBERS.Printed as Section 171.004, Local Government Code

Water Code

Tex. Water Code § 36.058CONFLICTS OF INTEREST.Printed as Section 171.004(a), Local Government Code

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.