81R4198 MTB-D
By: Carona S.B. No. 585
A BILL TO BE ENTITLED
AN ACT
relating to standards of conduct and ethics policies for
metropolitan planning organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 472.034, Transportation Code, is amended
to read as follows:
Sec. 472.034. STANDARDS OF CONDUCT; ETHICS POLICY. (a) A
policy board member or employee of a metropolitan planning
organization should not:
(1) accept or solicit any gift, favor, or service that
might reasonably tend to influence the member or employee in the
discharge of official duties or that the member or employee knows or
should know is being offered with the intent to influence the
member's or employee's official conduct;
(2) accept other employment or engage in a business or
professional activity that the member or employee might reasonably
expect would require or induce the member or employee to disclose
confidential information acquired by reason of the official
position;
(3) accept other employment or compensation that could
reasonably be expected to impair the member's or employee's
independence of judgment in the performance of the member's or
employee's official duties;
(4) make personal investments that could reasonably be
expected to create a substantial conflict between the member's or
employee's private interest and the public interest; or
(5) intentionally or knowingly solicit, accept, or
agree to accept any benefit for having exercised the member's or
employee's official powers or performed the member's or employee's
official duties in favor of another.
(b) An employee of a metropolitan planning organization who
violates Subsection (a) or an ethics policy adopted under
Subsection (c) is subject to termination of the employee's
employment or another employment-related sanction.
Notwithstanding this subsection, a policy board member or employee
of a metropolitan planning organization who violates Subsection (a)
is subject to any applicable civil or criminal penalty if the
violation also constitutes a violation of another statute or rule.
(c) Each policy board shall:
(1) adopt bylaws establishing an ethics policy for
employees of a metropolitan planning organization and policy board
members consistent with the standards prescribed by Subsection (a),
including provisions to prevent a policy board member from having a
conflict of interest in business before the metropolitan planning
organization; and
(2) distribute a copy of the ethics policy to:
(A) each new employee not later than the third
business day after the date the person begins employment with the
agency; and
(B) each new policy board member not later than
the third business day after the date the person qualifies for
office.
(d) If a person with knowledge of a violation of an ethics
policy established under Subsection (c) that also constitutes a
criminal offense under another law of this state reports the
violation to an appropriate prosecuting attorney, then, not later
than the 60th day after the date a person notifies the prosecuting
attorney under this subsection, the prosecuting attorney shall
notify the Texas Ethics Commission of the status of the prosecuting
attorney's investigation of the alleged violation. The Texas
Ethics Commission shall, on the request of the prosecuting
attorney, assist the prosecuting attorney in investigating the
alleged violation.
SECTION 2. Not later than January 1, 2010, each policy board
of a metropolitan planning organization shall adopt bylaws
establishing an ethics policy as required by Section 472.034(c),
Transportation Code, as added by this Act, and distribute a copy of
the ethics policy to each policy board member and employee.
SECTION 3. This Act takes effect September 1, 2009.