Texas 2009 - 81st Regular

Texas Senate Bill SB585 Compare Versions

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1	1	S.B. No. 585
2	2
3	3
4	4	AN ACT
5	5	relating to standards of conduct and ethics policies for
6	6	metropolitan planning organizations.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 472.034, Transportation Code, is amended
9	9	to read as follows:
10	10	Sec. 472.034. STANDARDS OF CONDUCT; ETHICS POLICY. (a) A
11	11	policy board member or employee of a metropolitan planning
12	12	organization may not:
13	13	(1) accept or solicit any gift, favor, or service that
14	14	might reasonably tend to influence the member or employee in the
15	15	discharge of official duties or that the member or employee knows or
16	16	should know is being offered with the intent to influence the
17	17	member's or employee's official conduct;
18	18	(2) accept other employment or engage in a business or
19	19	professional activity that the member or employee might reasonably
20	20	expect would require or induce the member or employee to disclose
21	21	confidential information acquired by reason of the official
22	22	position;
23	23	(3) accept other employment or compensation that could
24	24	reasonably be expected to impair the member's or employee's
25	25	independence of judgment in the performance of the member's or
26	26	employee's official duties;
27	27	(4) make personal investments that could reasonably be
28	28	expected to create a substantial conflict between the member's or
29	29	employee's private interest and the public interest; or
30	30	(5) intentionally or knowingly solicit, accept, or
31	31	agree to accept any benefit for having exercised the member's or
32	32	employee's official powers or performed the member's or employee's
33	33	official duties in favor of another.
34	34	(b) An employee of a metropolitan planning organization who
35	35	violates Subsection (a) or an ethics policy adopted under
36	36	Subsection (c) is subject to termination of the employee's
37	37	employment or another employment-related sanction.
38	38	Notwithstanding this subsection, a policy board member or employee
39	39	of a metropolitan planning organization who violates Subsection (a)
40	40	is subject to any applicable civil or criminal penalty if the
41	41	violation also constitutes a violation of another statute or rule.
42	42	(c) Each policy board shall:
43	43	(1) adopt bylaws establishing an ethics policy for
44	44	employees of a metropolitan planning organization and policy board
45	45	members consistent with the standards prescribed by Subsection (a),
46	46	including provisions to prevent a policy board member from having a
47	47	conflict of interest in business before the metropolitan planning
48	48	organization; and
49	49	(2) distribute a copy of the ethics policy to:
50	50	(A) each new employee not later than the third
51	51	business day after the date the person begins employment with the
52	52	agency; and
53	53	(B) each new policy board member not later than
54	54	the third business day after the date the person qualifies for
55	55	office.
56	56	(d) If a person with knowledge of a violation of an ethics
57	57	policy established under Subsection (c) that also constitutes a
58	58	criminal offense under another law of this state reports the
59	59	violation to an appropriate prosecuting attorney who concludes that
60	60	there is reasonable basis to initiate an investigation, then, not
61	61	later than the 60th day after the date a person notifies the
62	62	prosecuting attorney under this subsection, the prosecuting
63	63	attorney shall notify the Texas Ethics Commission of the status of
64	64	the prosecuting attorney's investigation of the alleged violation.
65	65	The Texas Ethics Commission shall, on the request of the
66	66	prosecuting attorney, assist the prosecuting attorney in
67	67	investigating the alleged violation.
68	68	(e) To the extent an employee of a metropolitan planning
69	69	organization is subject to the ethics policy of another
70	70	governmental entity and to the extent that policy conflicts with
71	71	this section, the ethics policy of the other governmental entity
72	72	prevails.
73	73	SECTION 2. Not later than January 1, 2010, each policy board
74	74	of a metropolitan planning organization shall adopt bylaws
75	75	establishing an ethics policy as required by Subsection (c),
76	76	Section 472.034, Transportation Code, as added by this Act, and
77	77	distribute a copy of the ethics policy to each policy board member
78	78	and employee.
79	79	SECTION 3. This Act takes effect September 1, 2009.
80	80	______________________________ ______________________________
81	81	President of the Senate Speaker of the House
82	82	I hereby certify that S.B. No. 585 passed the Senate on
83	83	April 23, 2009, by the following vote: Yeas 30, Nays 0.
84	84	______________________________
85	85	Secretary of the Senate
86	86	I hereby certify that S.B. No. 585 passed the House on
87	87	May 25, 2009, by the following vote: Yeas 143, Nays 0, two
88	88	present not voting.
89	89	______________________________
90	90	Chief Clerk of the House
91	91	Approved:
92	92	______________________________
93	93	Date
94	94	______________________________
95	95	Governor