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Texas Government Code - GOV'T § 572.059. Independence of State and Local Officers Acting in Legislative Capacity

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 572.059. Independence of State and Local Officers Acting in Legislative Capacity - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-572-059/

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