Tex. Local Gov't Code Section 232.078
Conflict of Interest; Penalty


(a)

In this section, “subdivided tract” means a tract of land, as a whole, that is subdivided into tracts or lots. The term does not mean an individual lot in a subdivided tract of land.

(b)

A person has an interest in a subdivided tract if the person:

(1)

has an equitable or legal ownership interest in the tract;

(2)

acts as a developer of the tract;

(3)

owns voting stock or shares of a business entity that:

(A)

has an equitable or legal ownership interest in the tract; or

(B)

acts as a developer of the tract; or

(4)

receives in a calendar year money or any thing of value from a business entity described by Subdivision (3).

(c)

A person also is considered to have an interest in a subdivided tract if the person is related in the second degree by consanguinity or affinity, as determined under Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), Government Code, to a person who, under Subsection (b), has an interest in the tract.

(d)

If a member of the commissioners court has an interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit with the county clerk stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the county clerk.

(e)

A member of the commissioners court of a county commits an offense if the member violates Subsection (d). An offense under this subsection is a Class A misdemeanor.

(f)

The finding by a court of a violation of this section does not render voidable an action of the commissioners court unless the measure would not have passed the commissioners court but for the vote of the member who violated this section.

(g)

A conviction under Subsection (e) constitutes official misconduct by the member and is grounds for removal from office.
Added by Acts 1997, 75th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1997.

Source: Section 232.078 — Conflict of Interest; Penalty, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­232.­htm#232.­078 (accessed Nov. 25, 2023).

232.001
Plat Required
232.002
Approval by County Required
232.003
Subdivision Requirements
232.004
Bond Requirements
232.005
Enforcement in General
232.006
Exceptions for Populous Counties or Contiguous Counties
232.007
Manufactured Home Rental Communities
232.008
Cancellation of Subdivision
232.009
Revision of Plat
232.010
Exception to Plat Requirement: County Determination
232.011
Amending Plat
232.0012
Construction of Subchapter
232.0013
Chapter-wide Provision Relating to Regulation of Plats and Subdivisions in Extraterritorial Jurisdiction
232.0015
Exceptions to Plat Requirement
232.021
Definitions
232.0021
Plat Application Fee
232.0022
Delegation of Approval Responsibility
232.022
Applicability
232.023
Plat Required
232.0023
Approval Procedure: Applicability
232.024
Approval by County Required
232.0025
Approval Procedure: Timely Approval of Plats
232.025
Subdivision Requirements
232.026
Water and Sewer Service Extension
232.0026
Approval Procedure: Conditional Approval or Disapproval Requirements
232.027
Bond Requirements
232.0027
Approval Procedure: Applicant Response to Conditional Approval or Disapproval
232.028
Certification Regarding Compliance with Plat Requirements
232.0028
Approval Procedure: Approval or Disapproval of Response
232.0029
Judicial Review of Disapproval
232.030
Subdivision Regulation
232.0031
Standard for Roads in Subdivision
232.031
Requirements Prior to Sale or Lease
232.0032
Additional Requirements: Use of Groundwater
232.032
Services Provided by Subdivider
232.033
Advertising Standards and Other Requirements Before Sale
232.0033
Additional Requirements: Future Transportation Corridors
232.0034
Additional Requirements: Access by Emergency Vehicles
232.034
Conflict of Interest
232.035
Civil Penalties
232.036
Criminal Penalties
232.037
Enforcement
232.038
Suit by Private Person in Economically Distressed Area
232.039
Cancellation of Subdivision
232.040
Replatting
232.041
Revision of Plat
232.042
Variances from Replatting Requirements
232.043
Variances from Platting Requirements
232.044
Amending Plat
232.0045
Financial Guarantee in Lieu of Bond
232.0048
Conflict of Interest
232.071
Applicability
232.072
Plat Required
232.073
Approval by County Required
232.074
Bond Requirements
232.075
Water and Sewer Service Extension
232.076
Certification Regarding Compliance with Plat Requirements
232.077
Connection of Utilities in Certain Counties
232.078
Conflict of Interest
232.079
Civil Penalties
232.080
Enforcement
232.081
Amending Plat
232.0083
Cancellation of Certain Subdivision Plats if Existing Plat Obsolete
232.0085
Cancellation of Certain Subdivisions if Land Remains Undeveloped
232.091
Applicability
232.092
Establishment and Abolition of Planning Commission
232.093
Appointment of Members of Planning Commission
232.094
Financial Disclosure
232.0095
Alternative Procedures for Plat Revision
232.095
Officers, Quorum, and Meetings
232.096
Timely Approval of Plats
232.097
Reasons for Disapproval of Plat Required
232.101
Rules
232.102
Major Thoroughfare Plan
232.103
Lot Frontages
232.104
Set-backs
232.105
Developer Participation Contracts
232.106
Connection of Utilities
232.107
Provisions Cumulative
232.108
Plat Requirements
232.109
Fire Suppression System
232.110
Apportionment of County Infrastructure Costs
232.151
Applicability
232.152
Administrative Determination
232.153
Public Hearing
232.154
Notice of Hearing
232.155
Judicial Review
232.156
Civil Action for Receivership
232.157
Authority and Duty of Receiver
232.158
Sale of Property
232.00285
Development Plan Review
232.0305
County Inspector
232.0315
Notice of Water and Wastewater Requirements by Political Subdivisions
232.0775
County Inspector
232.901
Certain Value-based Fees and Disclosure of Certain Information Prohibited

Accessed:
Nov. 25, 2023

§ 232.078’s source at texas​.gov