Sec. 232.034. 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, 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 1995, 74th Leg., ch. 979, Sec. 4, eff. June 16, 1995.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle B - County Regulatory Authority
Chapter 232 - County Regulation of Subdivisions
Subchapter B. Subdivision Platting Requirements in County Near International Border
Section 232.022. Applicability
Section 232.023. Plat Required
Section 232.024. Approval by County Required
Section 232.025. Subdivision Requirements
Section 232.026. Water and Sewer Service Extension
Section 232.027. Bond Requirements
Section 232.028. Certification Regarding Compliance With Plat Requirements
Section 232.029. Connection of Utilities in Counties Within 50 Miles of International Border
Section 232.030. Subdivision Regulation; County Authority
Section 232.0305. County Inspector
Section 232.031. Requirements Prior to Sale or Lease
Section 232.0315. Notice of Water and Wastewater Requirements by Counties
Section 232.032. Services Provided by Subdivider
Section 232.033. Advertising Standards and Other Requirements Before Sale; Offense
Section 232.034. Conflict of Interest; Penalty
Section 232.035. Civil Penalties
Section 232.036. Criminal Penalties
Section 232.038. Suit by Private Person in Economically Distressed Area
Section 232.039. Cancellation of Subdivision
Section 232.041. Revision of Plat
Section 232.042. Variances From Replatting Requirements
Section 232.043. Variances From Platting Requirements