Sec. 572.059. INDEPENDENCE OF STATE AND LOCAL OFFICERS ACTING IN LEGISLATIVE CAPACITY. (a) In this section, "legislative measure" includes:
(1) a bill, resolution, order, or other proposal to adopt, enact, amend, or repeal a statute, ordinance, rule, or policy of general application;
(2) a proposal to adopt, enact, amend, or repeal, or to grant a variance or other exception to, a zoning ordinance; or
(3) a proposed constitutional amendment or charter amendment subject to a vote of the electorate.
(b) For purposes of Subsection (a), a measure that is applicable to a class or subset of persons or matters that is defined in general terms without naming the particular persons or matters is a measure of general application.
(c) To protect the independence of state and local officers acting in a legislative capacity, a state or local officer, whether elected or appointed, including a member of the governing body of a school district or other political subdivision of this state, may not be subject to disciplinary action or a sanction, penalty, disability, or liability for:
(1) an action permitted by law that the officer takes in the officer's official capacity regarding a legislative measure;
(2) proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure;
(3) the effect of a legislative measure or of a change in law proposed by a legislative measure on any person; or
(4) a breach of duty, in connection with the member's practice of or employment in a licensed or regulated profession or occupation, to disclose to any person information, or to obtain a waiver or consent from any person, regarding:
(A) the officer's actions relating to a legislative measure; or
(B) the substance, effects, or potential effects of a legislative measure.
Added by Acts 2003, 78th Leg., ch. 1206, Sec. 1, eff. June 20, 2003.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Chapter 572 - Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest
Subchapter C. Standards of Conduct and Conflict of Interest Provisions
Section 572.051. Standards of Conduct; State Agency Ethics Policy
Section 572.052. Representation by Legislators Before State Agencies; Criminal Offense
Section 572.053. Voting by Legislators on Certain Measures or Bills; Criminal Offense
Section 572.055. Certain Solicitations of Regulated Business Entities Prohibited; Criminal Offense
Section 572.056. Contracts by State Officers With Governmental Entities; Criminal Offense
Section 572.057. Certain Leases Prohibited
Section 572.059. Independence of State and Local Officers Acting in Legislative Capacity
Section 572.061. Certain Gratuities Authorized
Section 572.069. Certain Employment for Former State Officer or Employee Restricted