82R2994 ATP-F
By: Gonzalez H.B. No. 2739
A BILL TO BE ENTITLED
AN ACT
relating to the county ethics commission for certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.057, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Members of the commission serve terms of two years.
Members appointed as provided by Section 161.055(a)(1) serve terms
beginning on February 1 of each odd-numbered year. Members
appointed as provided by Section 161.055(a)(2) serve terms
beginning on February 1 of each even-numbered year.
(a-1) To replace or reappoint the commission members
appointed as provided by Section 161.055(a)(2) whose terms expire
on January 31, 2013, the commissioners court shall appoint
commission members as provided by Section 161.055(a)(2) for
one-year terms to begin on February 1, 2013. Thereafter, members
appointed as provided by Section 161.055(a)(2) shall serve two-year
terms. To the extent of a conflict between this subsection and
Subsection (a), this subsection controls. This subsection expires
September 1, 2014.
SECTION 2. Section 161.0591, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The position of chair is selected from the commission
members by a majority vote of the commission members. The chair
serves a term of [alternates every] six months [between members
appointed under Section 161.055(a)(1) and members appointed under
Section 161.055(a)(2) and rotates so that each position on the
commission serves as chair, as follows:
[(1) the rotation of members appointed under Section
161.055(a)(1) begins with the member appointed by the county judge,
followed by the members appointed by the county commissioners in
order of precinct number; and
[(2) the rotation of members appointed under Section
161.055(a)(2) begins with the member appointed under Section
161.055(a)(2)(A), followed by the members appointed under Sections
161.055(a)(2)(B), (C), (D), and (E) in that order].
(c) A commission member may decline to serve as chair.
SECTION 3. Sections 161.104(a) and (c), Local Government
Code, are amended to read as follows:
(a) Not later than the 30th [60th] day after the date a
person is appointed to the commission, the person must complete
training on the following matters:
(1) the legislation that created the commission;
(2) the role and functions of the commission; and
(3) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code; and
(C) other laws relating to public officials,
including conflict-of-interest laws.
(c) A person who is appointed to and qualifies for office as
a member of the commission may not vote, deliberate, or be counted
as a member in attendance at a meeting of the commission after the
30th day after the date the person is appointed to the commission
unless [until] the person has completed [completes] a training
program as required by Subsection (a) [that complies with this
section].
SECTION 4. Section 161.105, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) The commission and commission staff shall make
available [provide] periodic training for persons covered by the
ethics code adopted by the commission [on at least a quarterly
basis].
(e) A person covered by the ethics code or a lobbyist or
vendor required by this section to complete training must complete
the training as determined by the commission.
SECTION 5. Section 161.1551(d), Local Government Code, is
amended to read as follows:
(d) A commission member serves on the standing preliminary
review committee for six months. After the end of a commission
member term on the standing preliminary review committee, service
on the committee rotates so that each position on the commission
serves on the committee, beginning [as provided by Section 161.0591
for the rotation of the chair, except that the rotation begins] with
the initial members of the standing preliminary review committee
chosen under Subsection (c) and succeeded by the next member on the
list as described below:
(1) for the rotation of members appointed under
Section 161.055(a)(1), the order of service is the member appointed
by the county judge, followed by the members appointed by the county
commissioners in order of precinct number; and
(2) for the rotation of members appointed under
Section 161.055(a)(2), the order of service is the order listed by
that section.
SECTION 6. Sections 161.157(a) and (b), Local Government
Code, are amended to read as follows:
(a) A county public servant [The county] may not suspend or
terminate the employment of or take other adverse action against a
county employee who in good faith files a complaint or otherwise
reports to the commission, commission staff, or another law
enforcement authority a violation of the ethics code by a person
subject to the ethics code.
(b) A county public servant [The county] may not suspend or
terminate the employment of or take other adverse action against a
county employee who in good faith participates in the complaint
processing, preliminary review, hearing, or any other aspect of the
investigation and resolution by the commission of an alleged
violation of the ethics code by a person subject to the ethics code.
SECTION 7. The change in law made by this Act to Section
161.057, Local Government Code, applies only to the term of a member
of a county ethics commission appointed on or after the effective
date of this Act. The term of a member appointed before the
effective date of this Act is governed by the law in effect when the
member was appointed, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2011.