(a) 
Application.
This section shall apply to members of the city council and to other city officials.
(b) 
Substantial interest defined.
A person subject to this section has a substantial interest in a business entity, person, or real property if the person:
(1) 
Owns ten percent or more of the voting stock or shares of the business entity;
(2) 
Owns either ten percent or more or $15,000.00 or more of the fair market value of the business entity;
(3) 
Receives funds from the business entity that exceed ten (10) percent of the person’s gross income for the previous year (as stated in annual federal tax returns);
(4) 
Has an equitable or legal ownership interest in real property with a fair market value of $2,500.00 or more; or
(5) 
Currently provides or has within the preceding twelve (12) months provided goods or services to the business entity or a client of the business totaling $5,000.00 or more;
(6) 
Receives or has received in the past two years an in-kind donation from a business entity that, if provided at fair market value, would be valued at $5,000.00 or more in a single calendar year; or
(7) 
Accepts a campaign contribution totaling $2,500.00 or more in a twelve (12) month period from a person or PAC that represents the interests of the business entity.
(c) 
Conflicts through relatives.
A city official subject to this section is considered to have a substantial interest in a matter if a person related to the city official in the first degree by consanguinity (blood or adoption) or affinity (marriage), as determined under chapter 573, Texas Government Code, has a substantial interest under this section.
(d) 
Disclosure.
If a city official subject to this section has a substantial interest in a matter, business entity, or real property, the person must file an affidavit with the city secretary stating the nature and extent of the interest before a deliberation, vote, or decision involving the matter, business entity, or real property occurs, or within seven (7) calendar days of when the person becomes aware that the matter is under consideration by the city, whichever is earlier.
(e) 
Abstention.
If a person subject to this section is required to file an affidavit under subsection (d), the person is required to abstain from participation, deliberation in any form, or votes in the matter, unless:
(1) 
A majority of the members of the decision-making body of which the person is a member is composed of other persons who are also required to file and who do file affidavits of similar interests on the same official action;
(2) 
In the case of a substantial interest in a business entity, the action on the matter will not have a special economic effect on the business entity distinguishable from the effect on other businesses or the general public; or
(3) 
In the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will not have a special economic effect on the value of the property distinguishable from its effects on other similarly situated properties throughout the city.
(Ordinance 365.01 adopted 12/12/18)
(a) 
Application.
This section shall apply to members of the city council and to other city officials who exercise responsibilities beyond those that are advisory in nature relating to a matter involving a business entity or real property.
(b) 
Conflict by affiliation.
Under this article, a person subject to this section has a conflict of interest by affiliation in an association if the person:
(1) 
Is an active member of the association;
(2) 
Frequently attends association gatherings; or
(3) 
Serves in an officially-designated leadership role within the association; or
(4) 
Has received compensation for services or reimbursement for expenses from the association in the preceding 18 months.
(c) 
Disclosure.
If a person subject to this section has a conflict by affiliation, the person must file with the city secretary an affidavit stating the nature and extent of the interest before a vote or decision involving the association by the decision-making body of which the person is a member.
(Ordinance 365.01 adopted 12/12/18)
(a) 
Application.
This section shall apply to members of the city council, ZAPCO, and to other city officials who exercise responsibilities beyond those that are advisory in nature relating to the approval of a plats or other issues involving a subdivided tract.
(b) 
Subdivided tracts.
In this section, “subdivided tract” means a tract of land, as a whole, that is subdivided. The term does not mean an individual lot in a subdivided tract of land.
(c) 
Substantial interest defined.
A person subject to this section has a substantial interest in a subdivided tract if the person:
(1) 
Has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00 or more;
(2) 
Acts as a developer of the tract;
(3) 
Owns ten percent or more of the voting stock or shares of, or owns either ten percent or more, or $5,000.00 or more of the fair market value of a business entity that:
(A) 
Has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00 or more; or
(B) 
Acts as a developer of the tract; or
(4) 
Receives in a calendar year funds from a business entity described in subsection (3) that exceed ten percent of the member’s gross income for the previous year.
(d) 
Conflicts through relatives.
A person is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity (blood or adoption) or affinity (marriage) to another person who has a substantial interest in the tract.
(e) 
Disclosure and abstention.
If a person subject to this section has a substantial interest in a subdivided tract, the person must file an affidavit stating the nature and extent of the interest and abstain from further participation in any form in the matter. The affidavit must be filed with the city secretary prior to a vote or decision regarding the subdivided tract, or within seven (7) business days of when the person becomes aware that the matter is under consideration by the city, whichever is earlier.
(Ordinance 365.01 adopted 12/12/18)
(a) 
City employees are prohibited from accepting other employment or engaging in outside activities that are incompatible with the full and proper discharge of duties and responsibilities with the city, or which might impair the employee’s independent judgment in the performance of public duties for the city.
(b) 
Prior to the acceptance by a city employee of other employment in addition to their city employment, or in the case of pre-existing outside employment, the employee shall disclose that fact to the employee’s supervisor, who shall verify that the employment is not inconsistent with the employee’s duties and responsibilities with the city.
(c) 
If a city official or employee accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official or employee might reasonably be expected to act, investigate, advise, vote, or make a recommendation, the official or employee shall immediately disclose that fact to the council, board or commission on which he or she serves or to his or her supervisor and shall take no further action on matters regarding the potential future employer.
(Ordinance 365.01 adopted 12/12/18)
(a) 
No city official may knowingly directly represent any person, group or business entity before the city council, , ZAPCO, or municipal court, or other board, commission, department or entity of the city.
(b) 
This prohibition shall not apply, following appropriate disclosure and recusal, to representation of oneself or a relative by affinity (marriage) or consanguinity (blood or adoption) related within the first degree (e.g., mother, father, son, daughter, spouse).
(Ordinance 2020-014 adopted 10/14/20)
(a) 
Any city contractor and other business entities that contract with the city to provide essential city services which involve legal services, city inspections, certifications, or licensing functions must disclose to the city secretary in writing, prior to the time the contractor or entity initiates the contracted services with the City and at the close of each calendar quarter thereafter, the names of all other clients seeking approvals, funding, permits, or authorizations from the city. This mandated disclosure is required for the time period while the contractor is providing services to the city.
(b) 
City contractors and any other business entities which contract with the city to provide essential city services involving legal services, city inspections, certifications, or licensing functions, shall not engage in providing such services for other individuals or entities if the provision of such services will require city action.
(Ordinance 365.01 adopted 12/12/18)
(a) 
Chapter 176 of the Texas Local Government Code requires certain local government officers, employees, and vendors to file conflicts disclosure questionnaire forms created by the Texas Ethics Commission with the city secretary. In addition, all city officials and all vendors and potential vendors with the city have an affirmative obligation to file such forms if required in the provisions of chapter 176 or this code.
(1) 
A city employee who knowingly fails to comply with this article or chapter 176 of the Texas Local Government Code may be reprimanded, suspended, or terminated by the city council.
(2) 
A local government officer, employee or vendor who knowingly fails to file the required questionnaire with the city secretary commits an offense under the act and is subject to criminal misdemeanor penalties as provided in the act.
(3) 
The city council may, at its discretion, declare a contract void if the council determines that a vendor failed to file a conflict of interest questionnaire required by section 176.006.
(b) 
Texas Government Code section 2252.908 prohibits the city from entering into certain contracts with a business entity unless the business entity files a disclosure of interested parties with the Texas Ethics Commission. The city secretary shall notify all business entities of the disclosure and filing requirements; provide contract information to facilitate the filing and maintain all filed disclosures for public inspection.
(Ordinance 365.01 adopted 12/12/18)
(a) 
For a period of two (2) years after leaving office, a former mayor or council member may not solicit or negotiate on a contract with the city or enter into a contract with the city for the sale to the city of any goods or services other than real estate. This subsection does not apply to a former mayor or council member who had a business relationship with the city in the six months immediately preceding taking the office of mayor or council member if the solicitation or proposal is on behalf of the same business.
(b) 
For a period of two (2) years after leaving office, a former mayor or council member, members of their family, or anyone acting on their behalf, may not sell or lease any real estate to the city unless the city council has designated the property for acquisition and would otherwise have to acquire the property through its power of eminent domain.
(c) 
For a period of one (1) year after leaving city employment, an individual or an entity in which a former city employee has a substantial interest as defined in this chapter may not accept employment or engage in consulting as a contractor representing any person before the city council, or any commission in matters related to the particular field of endeavor or area of interest involved in such former employee’s services to the city.
(Ordinance 365.01 adopted 12/12/18)