Conflict Disclosure Statement

Chapter 176, Local Government Code

At its June 29, 2007, meeting the commission adopted updated Forms CIS and CIQ as required by H.B. 1491, 80th Legislation, Regular Session, which became effective May 25, 2007.

Please note that the commission does not have jurisdiction to interpret or enforce Chapter 176 of the Local Government Code. Also, please note that these forms are not filed with the Texas Ethics Commission but filed with the City Secretary office, City of Schertz.

The Office of the Attorney General issued the following advisory opinion interpreting this law: Opinion No. GA-0446. For further information, please see the following publication by the Office of the Attorney General: 2006 Texas Conflicts of Interest Laws Made Easy.

For Contractors

A person or business, and their agents, who contract with the city or seek to contract with the city are required by Texas Local Government Code, Chapter 176, to file a Conflicts Disclosure Questionnaire (Form CIQ) created by the Texas Ethics Commission. The form must be filed with the city no later than seven (7) days after the date the person or business begins contract discussions or negotiations with the city, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the city.

Such person and businesses, and their agents, must also file an updated questionnaire not later than September 1 of each year in which the person or business begins contract discussions or negotiations with the city, or submits an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with a city and within seven (7) days after the date of an event that would make as filed questionnaire incomplete or inaccurate. An updated complete questionnaire is not required if the person or business filed a questionnaire or updated questionnaire after June 1 but before September 1.

For Elected & Appointed Officials

Officers of the City and its boards and commissions (including EDC) must file a “conflicts disclosure statement” (FORM CIS) with the local government records administrator within seven days of becoming aware of:

1. The officer or a family member of the officer has an employment or business relationship that results in taxable income with a person who has executed a contract with the City or with whom the City is considering doing business; or
2. The officer or a family member of the officer has accepted one or more gifts (other than food, lodging, transportation, or entertainment) with an aggregate value of $250 in the preceding 12 months from a person who has executed a contract with the City or who is being considered for business with the City.

A family member is defined a s a person related to another person within the first degree by consanguinity (blood) or affinity (marriage) which includes a spouse, father, mother, son, daughter, father-in-law, mother-in-law, etc.

Conflict Disclosure Statement

The Conflicts Disclosure Statement (Form CIS) has been created by the Texas Ethics Commission. Failure to disclose information is Class C misdemeanor punishable by a fine not to exceed $500. A defense if the official files the required statement within seven days after receipt of notice of the violation.