83R2959 ATP-D
By: White H.B. No. 470
A BILL TO BE ENTITLED
AN ACT
relating to an elected officer's performance of official duties in
exchange for remuneration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 659, Government Code, is
amended by adding Section 659.007 to read as follows:
Sec. 659.007. ELECTED OFFICER ACCEPTING REMUNERATION SHALL
PERFORM DUTIES. (a) In this section:
(1) "Elected officer" has the meaning assigned by
Section 572.002.
(2) "Remuneration" includes salary, compensatory per
diem, expense per diem, reimbursement for expenses, longevity pay,
and fees.
(b) An elected officer who receives remuneration associated
with the office shall:
(1) perform all duties of the office for as long as the
officer holds the office; and
(2) be physically present on a regular basis at a
location at which official business of the jurisdiction served by
the officer is ordinarily conducted.
SECTION 2. Section 21.022(4), Local Government Code, is
amended to read as follows:
(4) "Official misconduct" means intentional unlawful
behavior relating to official duties by an officer entrusted with
the administration of justice or the execution of the law. The term
includes an intentional or corrupt failure, refusal, or neglect of
an officer to perform a duty imposed on the officer by law and an
intentional violation of Section 180.007.
SECTION 3. Section 87.011(3), Local Government Code, is
amended to read as follows:
(3) "Official misconduct" means intentional, unlawful
behavior relating to official duties by an officer entrusted with
the administration of justice or the execution of the law. The term
includes an intentional or corrupt failure, refusal, or neglect of
an officer to perform a duty imposed on the officer by law and an
intentional violation of Section 180.007.
SECTION 4. Chapter 180, Local Government Code, is amended
by adding Section 180.007 to read as follows:
Sec. 180.007. ELECTED OFFICER ACCEPTING REMUNERATION SHALL
PERFORM DUTIES. (a) In this section, "remuneration" includes
salary, compensatory per diem, expense per diem, reimbursement for
expenses, longevity pay, and fees.
(b) An elected officer of a political subdivision of this
state who receives remuneration associated with the office shall:
(1) perform all duties of the office for as long as the
officer holds the office; and
(2) be physically present on a regular basis at a
location at which official business of the jurisdiction served by
the officer is ordinarily conducted.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.