Texas 2025 - 89th Regular

Texas House Bill HB1735 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5886 MP-D
2	2	By: Schatzline H.B. No. 1735
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Texas Local Government
10	10	Accountability Association; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The Local Government Code is amended by adding
13	13	Title 15 to read as follows:
14	14	TITLE 15. ETHICS AND OPEN GOVERNMENT
15	15	SUBTITLE A. MUNICIPAL ETHICS AND OPEN GOVERNMENT
16	16	SUBTITLE B. COUNTY ETHICS AND OPEN GOVERNMENT
17	17	SUBTITLE C. ETHICS AND OPEN GOVERNMENT PROVISIONS APPLYING TO MORE
18	18	THAN ONE TYPE OF LOCAL GOVERNMENT
19	19	CHAPTER 671. TEXAS LOCAL GOVERNMENT ACCOUNTABILITY ASSOCIATION
20	20	Sec. 671.001. DEFINITIONS. In this chapter:
21	21	(1) "Association" means the Texas Local Government
22	22	Accountability Association.
23	23	(2) "Ethics and transparency standards" means the
24	24	ethics and transparency standards developed by the association
25	25	under Section 671.003.
26	26	(3) "Local government" has the meaning assigned by
27	27	Section 791.003, Government Code.
28	28	Sec. 671.002. ESTABLISHMENT. (a) The Texas Local
29	29	Government Accountability Association is established as an
30	30	association of local governments organized through contracts with
31	31	member local governments.
32	32	(b) The association is a governmental unit and is entitled
33	33	to governmental immunity to suit and from liability.
34	34	Sec. 671.003. POWERS AND DUTIES. (a) The association shall
35	35	develop and publish ethics and transparency standards applicable to
36	36	a local government. The association may amend and revise the ethics
37	37	and transparency standards developed under this subsection.
38	38	(b) The association shall publish on its Internet website a
39	39	standard contract for a local government to join the association.
40	40	(c) The association may charge an annual fee to association
41	41	members.
42	42	Sec. 671.004. OPTIONAL ASSOCIATION MEMBERSHIP BY GOVERNING
43	43	BODY VOTE. (a) Except as provided by Section 671.005, a local
44	44	government may enter into a contract to join the association by a
45	45	vote of the governing body of the local government.
46	46	(b) If the governing body of a local government elects to
47	47	join the association, the governing body shall negotiate in good
48	48	faith a contract with the association to join the association.
49	49	(c) Except as provided by Section 671.005, the governing
50	50	body of a local government may terminate its contract with the
51	51	association only in accordance with the terms of the contract
52	52	entered into under this section. The governing body of a local
53	53	government must hold at least two public hearings on the proposed
54	54	termination before terminating the contract.
55	55	Sec. 671.005. REQUIRED ASSOCIATION MEMBERSHIP BY PETITION
56	56	AND ELECTION. (a) On receipt of a petition requesting a local
57	57	government join the association, the governing body of the local
58	58	government shall hold an election in the local government on:
59	59	(1) the next uniform election date after the petition
60	60	is submitted to the local government that allows sufficient time to
61	61	comply with the requirements of other law; and
62	62	(2) the question of whether the local government
63	63	should be required to contract with and join the association on the
64	64	terms of the standard contract published under Section 671.003(b).
65	65	(b) A petition to a local government submitted under
66	66	Subsection (a) must be signed by the lesser of:
67	67	(1) the number of qualified voters of the local
68	68	government equal to two percent of the number of voters
69	69	participating in the last general election held in the local
70	70	government; or
71	71	(2) 1,000 qualified voters of the local government.
72	72	(c) The ballots for the election described by Subsection (a)
73	73	shall be prepared to provide voting for or against the proposition:
74	74	"Shall (name of local government) contract with the Texas Local
75	75	Government Accountability Association under its standard contract
76	76	to receive and follow the applicable local government ethics and
77	77	transparency standards?"
78	78	(d) In an election held under Subsection (a), a local
79	79	government may not include another measure on the ballot that
80	80	negates, alters, or cancels the proposition described by Subsection
81	81	(c).
82	82	(e) If a majority of the voters voting in an election held
83	83	under Subsection (a) approve the proposition, not later than the
84	84	60th day after the date the election is certified, the local
85	85	government shall enter into the version of the standard contract
86	86	published by the association under Section 671.003(b) on the date
87	87	the petition initiating the election was submitted.
88	88	(f) A local government described by Subsection (e) may not
89	89	terminate the contract with the association unless the termination
90	90	is approved at an election held for that purpose on a uniform
91	91	election date. The local government may not terminate the contract
92	92	until the election is certified. The ballots for the election shall
93	93	be prepared to permit voting for or against the proposition: "Shall
94	94	(name of local government) terminate its association with the Texas
95	95	Local Government Accountability Association and thus permanently
96	96	eliminate implementation of the transparency and ethics standards
97	97	adopted by the Texas Local Government Accountability Association
98	98	for (name of local government)?"
99	99	(g) To the extent of any conflict, this section prevails
100	100	over any other law relating to propositions initiated by a
101	101	petition.
102	102	Sec. 671.006. REQUIRED COMPLIANCE WITH ETHICS AND
103	103	TRANSPARENCY STANDARDS. All officers, including elected
104	104	officials, employees, agents, vendors, and independent contractors
105	105	of a local government that is a member of the association are
106	106	required to comply with and cooperate in the implementation of the
107	107	ethics and transparency standards.
108	108	Sec. 671.007. COMPLAINT TO LOCAL GOVERNMENT. (a) A person
109	109	may file a written complaint with a local government that is a
110	110	member of the association if the person believes that an officer,
111	111	including an elected official, employee, agent, vendor, or
112	112	independent contractor of the local government is violating the
113	113	ethics and transparency standards.
114	114	(b) The local government:
115	115	(1) shall investigate the allegation in a complaint
116	116	filed under Subsection (a);
117	117	(2) not later than the 10th day after the date the
118	118	local government receives the complaint, shall hold a hearing with
119	119	the complainant;
120	120	(3) may set a reasonable time limit for the hearing;
121	121	(4) not later than the 10th day after the hearing date,
122	122	shall provide a written response to the complainant that states the
123	123	basis of the actions taken by the local government with regard to
124	124	the complaint; and
125	125	(5) may consider any relevant information available to
126	126	the local government when investigating a complaint.
127	127	Sec. 671.008. COMPLAINT TO ASSOCIATION. (a) After
128	128	exhausting all remedies under Section 671.007, a person may file a
129	129	complaint with the association regarding the alleged violation. The
130	130	dispute shall be submitted to binding arbitration before an
131	131	arbitrator appointed by the association. The arbitrator may order
132	132	injunctive relief against only the local government or an officer,
133	133	employee, agent, vendor, or independent contractor of a local
134	134	government.
135	135	(b) A complainant who substantially prevails in the
136	136	arbitration is entitled to an award of reasonable attorney's fees
137	137	and costs from the local government. A local government may not be
138	138	awarded attorney's fees or costs under this subsection.
139	139	Sec. 671.009. DENIAL OF STATE GRANT FUNDS. (a) A local
140	140	government may not receive state grant funds, and state grant funds
141	141	for the local government shall be denied, for the state fiscal year
142	142	following the year in which a local government fails or refuses to
143	143	cooperate in an action brought under Section 671.008.
144	144	(b) The comptroller shall adopt rules to implement this
145	145	section uniformly among the state agencies from which state grant
146	146	funds are distributed to a local government.
147	147	SECTION 2. This Act takes effect September 1, 2025.