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A BILL TO BE ENTITLED
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AN ACT
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relating to an elected officer's performance of official duties in |
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exchange for remuneration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 659, Government Code, is |
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amended by adding Section 659.007 to read as follows: |
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Sec. 659.007. ELECTED OFFICER ACCEPTING REMUNERATION SHALL |
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PERFORM DUTIES. (a) In this section: |
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(1) "Elected officer" has the meaning assigned by |
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Section 572.002. |
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(2) "Remuneration" includes salary, compensatory per |
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diem, expense per diem, reimbursement for expenses, longevity pay, |
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and fees. |
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(b) An elected officer who receives remuneration associated |
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with the office shall: |
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(1) perform all duties of the office for as long as the |
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officer holds the office; and |
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(2) be physically present on a regular basis at a |
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location at which official business of the jurisdiction served by |
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the officer is ordinarily conducted. |
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SECTION 2. Section 21.022(4), Local Government Code, is |
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amended to read as follows: |
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(4) "Official misconduct" means intentional unlawful |
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behavior relating to official duties by an officer entrusted with |
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the administration of justice or the execution of the law. The term |
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includes an intentional or corrupt failure, refusal, or neglect of |
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an officer to perform a duty imposed on the officer by law and an |
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intentional violation of Section 180.007. |
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SECTION 3. Section 87.011(3), Local Government Code, is |
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amended to read as follows: |
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(3) "Official misconduct" means intentional, unlawful |
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behavior relating to official duties by an officer entrusted with |
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the administration of justice or the execution of the law. The term |
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includes an intentional or corrupt failure, refusal, or neglect of |
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an officer to perform a duty imposed on the officer by law and an |
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intentional violation of Section 180.007. |
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SECTION 4. Chapter 180, Local Government Code, is amended |
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by adding Section 180.007 to read as follows: |
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Sec. 180.007. ELECTED OFFICER ACCEPTING REMUNERATION SHALL |
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PERFORM DUTIES. (a) In this section, "remuneration" includes |
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salary, compensatory per diem, expense per diem, reimbursement for |
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expenses, longevity pay, and fees. |
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(b) An elected officer of a political subdivision of this |
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state who receives remuneration associated with the office shall: |
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(1) perform all duties of the office for as long as the |
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officer holds the office; and |
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(2) be physically present on a regular basis at a |
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location at which official business of the jurisdiction served by |
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the officer is ordinarily conducted. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |