Tex.
Spec. Dist. Local Laws Code Section 3824.054
Conflicts of Interest; One-time Affidavit
(a)
Except as provided by this section:(1)
a director may participate in all board votes and decisions; and(2)
Chapter 171 (Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments), Local Government Code, governs conflicts of interest for directors.(b)
Section 171.004 (Affidavit and Abstention from Voting Required), Local Government Code, does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file a one-time affidavit declaring the interest. An additional affidavit is not required if the director’s interest changes. After the affidavit is filed with the board secretary, the director may participate in a discussion or vote on that action if:(1)
a majority of the directors have a similar interest in the same entity; or(2)
all other similar business or charitable entities in the district will receive a similar pecuniary benefit.(c)
A director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that public entity.(d)
For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002 (Substantial Interest in Business Entity), Local Government Code.(1)
a corporation under Chapter 505 (Type B Corporations), Local Government Code, including the power to own, operate, acquire, construct, lease, improve, and maintain projects described by that chapter;(2)
a housing finance corporation under Chapter 394 (Housing Finance Corporations in Municipalities and Counties), Local Government Code, to provide housing or residential development projects in the district;(3)
a municipality under Chapter 380 (Miscellaneous Provisions Relating to Municipal Planning and Development), Local Government Code;(4)
an entity described in Chapters 284 (Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties) and 441 (Road Utility Districts), Transportation Code; and(5)
a district governed by Subchapters E (Acquisition and Maintenance of Port Facilities) and M, Chapter 60 (Navigation Districts--general Provisions), Water Code, and Section 61.116 (Lease of State Owned Lands and Flats), Water Code.
Source:
Section 3824.054 — Conflicts of Interest; One-time Affidavit, https://statutes.capitol.texas.gov/Docs/SD/htm/SD.3824.htm#3824.054 (accessed Jun. 5, 2024).
