• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • CJCAT
    • From the President
    • From the General Counsel
    • North and East Texas County Judges and Commissioners Association
    • South Texas County Judges and Commissioners Association
    • West Texas County Judges and Commissioners Association
  • Conferences
    • Conference Galleries
    • Conference Close-Up
  • Texas County Directory
  • About Us
    • Meet Our Team
    • Previous Issues
      • 2020 Previous Issues
      • 2019 Previous Issues
      • 2018 Previous Issues
      • 2017 Previous Issues
      • 2016 Previous Issues
      • 2015 Previous Issues
      • 2014 Previous Issues
Texas County Progress

Texas County Progress

The Official Publication of the County Judges and Commissioners Association of Texas

  • Home
    • Feature Story
    • CJCAT
  • Legislature
  • Monuments of Justice
    • Courthouse Preservation
    • Courthouse Trails
    • Why Stop In
  • Emergency Response
  • Road & Bridge
  • Jails
    • Indigent Health Care
  • County Focus
    • A Glimpse In The Life
    • Century of Service
    • Courthouse Preservation
    • Key Concept
    • Veterans

Conflicts of Interest in Procurement: These Could Make Headline News!

December 1, 2020 by County Progress

When counties make the headlines, it is sometimes due to actions that result from conflicts of interest in procurement, or the appearance of conflict. It is good practice to review the requirements in the Texas statutes related to conflict of interest and ensure that officials and employees of the county avoid violations of the statutes.

According to Government Code 572.001, a conflict of interest may exist if government officials or employees have a “direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer’s or employee’s duties in the public interest.”

Local Government Code Chapter 176 requires disclosure of certain relationships between local government officials/employees and vendors. Disclosure from both parties to the relationship should be received.

Local government officials must disclose employment and business relationships with a vendor if the vendor enters into a contract with the local governmental entity or the local governmental entity is considering entering into a contract with the vendor, if the vendor falls within the activities described in the section for vendors below. The requirement also applies to the official’s or employee’s family within the first degree of consanguinity (blood) or affinity (marriage) as defined by the state law in Government Code Chapter 573.

Vendors who enter or seek to enter into a contract with a local governmental entity must file a conflict of interest disclosure if:

  1. they have employed a government officer or family member that involved payment of taxable income of more than $2,500 in the preceding 12 months; or
  2. they have given an officer or family member one or more gifts, defined as a benefit offered by a person, including food, lodging, transportation, and entertainment accepted as a guest, totaling more than $100 in the preceding 12 months.

A county official or employee shall file the conflicts disclosure statement with the records administrator of the county not later than 5 p.m. on the seventh business day after the date on which the individual becomes aware of the facts that require the filing of the statement. Signature of the official or employee acknowledges that the statement is made under oath under penalty of perjury. Records of disclosure must be maintained by the county.

Employment of an employee may be terminated for not following disclosure requirements. A vendor’s contract sale or purchase of real property, goods, or services may be terminated for non-disclosure. Violations of this section of the law have criminal penalties, as well.

When an entity receives a disclosure required under this section, the entity shall submit a copy of the disclosure to the Texas Ethics Commission, which sets the format of the disclosure form and information that must be disclosed.

If you become aware of a situation that appears to require disclosure, you should carefully review the Texas statutes described above to determine next steps that may be required. You do not want to be in a news story disclosing a conflict of interest!


By Narita Holmes, MBA, CPA, CIA

Government Procurement and Compliance Consultant

Former Ector County Purchasing Agent

Filed Under: County Purchasing, Feature Story Tagged With: conflict of interest, Procurement, Purchasing

Primary Sidebar

Subscribe to County Progress

Subscribe: Newsletter | Magazine

March 2023

March 2023
If you'd like to view our previous issues, click here.

Search County Progress

Dates of Interest for the 88th Regular Session of the Texas Legislature

Official deadlines will be set when the House and Senate adopt their rules, but until then, the Texas Legislative Council Drafting Manual provides the following general calendar: 

Bill pre-filing began:  Nov. 14, 2022 

1st day of session:  Jan. 10, 2023 

60-day bill filing deadline:  March 10, 2023  

Adjournment sine die:  May 29, 2023 

Post-session 20-day deadline for governor to sign or veto:  June 18, 2023 

Effective date (91st day after adjournment):  Aug. 28, 2023

Sample Rules of Procedure, Conduct, and Decorum at Meetings of the County Commissioners Court

Resolutions

Unfunded Mandate Resolution

The latest resolutions passed by the County Judges and Commissioners Association of Texas and the three Regional Associations are available at the links below.

County Judges and Commissioners Association of Texas Resolutions 2022

North & East Texas Resolutions 2022

South Texas Resolutions 2022

West Texas Resolutions 2022

Texas County Directory

Place your order for the updated 2023 Directory

Connect with us online.

Facebook spacer Twitter spacer LinkedIn

Footer

Search County Progress

Privacy Policy

Cookie Policy

County Progress

3457 Curry Lane
Abilene, TX 79606
325.673.4822
countyprogress@zacpubs.com

Categories

© 2023 · Zachry Publications