When is an officer required to file a “conflicts disclosure statement”?
An officer is required to file a “conflicts disclosure statement” (statement) in at least 3 situations.
1. An officer must file a statement if the officer or officer’s family member has an employment or other business relationship with a vendor that results in the officer or officer’s family member receiving taxable income of more than $2,500 in the preceding 12 months. Id § 176.003(a)(2)(A). An officer who only receives investment income, regardless of amount, is not required to file a disclosure statement. Id. Investment income includes dividends, capital gains, or interest income gained from a personal or business checking or savings account or other Page 2 of 4 similar account, a personal or business investment, or a personal or business loan. Id. § 176.001(2-d).
2. An officer is required to file a statement if the officer or officer’s family member accepts one or more gifts from a vendor that has an aggregate value of more than $100 in the preceding 12 months. Id. § 176.003(a)(2)(B) (a “gift” includes transportation, lodging, and entertainment, even as a guest). An officer is not required to file a statement in relation to a gift, regardless of amount, if the gift: (1) is a political contribution; (2) is food accepted as a guest; or (3) is offered on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient. Id. §§ 176.001(2-b), 176.003(a- 1).
3. An officer is required to file a statement if the officer has a family relationship with the vendor. Id. § 176.003(a)(2)(C).

There is at least 1 exception to the 3 situations set out above. A local government officer does not have to file a statement if the vendor is an administrative agency supervising the performance of an interlocal agreement. Id. § 176.003(a-2).

(Note: An officer is required to file a statement no later than 5 p.m. on the 7th business day after the date on which the officer becomes aware of facts that require the filing of a statement. Id. § 176.003(b).)

Show All Answers

1. What is Chapter 176 of the Local Government Code?
2. What local government entities are subject to this law?
3. What local government officers are subject to this law?
4. When is an officer required to file a “conflicts disclosure statement”?
5. How does Chapter 176 define a “vendor,” and what does it mean to have a “family relationship” with a vendor?
6. How does Chapter 176 define a “family member” of an officer?
7. To what types of contracts does the law apply?
8. When is a vendor required to file a “conflicts of interest questionnaire”?
9. With whom should the statements and questionnaires be filed?
10. What happens if a statement is not filed?