2005 Texas Government Code CHAPTER 574. DUAL OFFICE HOLDING

GOVERNMENT CODE

CHAPTER 574. DUAL OFFICE HOLDING


	§ 574.001. FINDING OF CONSTITUTIONAL COMPLIANCE.  (a) A 
nonelective state officer may not accept an offer to serve in 
another nonelective office unless the officer obtains from the 
governing body or, if there is not a governing body, the executive 
head of the agency, division, department, or institution with which 
the officer is associated a finding that the officer has satisfied 
Article XVI, Section 40, of the Texas Constitution.
	(b)  A person may hold the office of municipal judge for more 
than one municipality at the same time if each office is filled by 
appointment.  The holding of these offices at the same time is of 
benefit to this state.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 37, § 1, eff. May 5, 1997.


	§ 574.002. RECORD.  A governing body or executive head 
shall make a record of:
		(1)  a finding under Section 574.001;  and                                    
		(2)  any compensation that the nonelective officer is 
to receive from holding the additional office, including salary, 
bonus, or per diem payment.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 574.003. RULES.  A governing body or executive head 
shall adopt rules to implement this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 574.004. ASSISTANCE BY ATTORNEY GENERAL.  Nothing in 
this chapter shall prevent the attorney general from providing 
assistance to district attorneys, criminal district attorneys, and 
county attorneys on request by allowing assistant attorneys general 
to serve as duly appointed and deputized assistant prosecutors, nor 
shall this chapter prohibit the appointment of an assistant 
attorney general as an attorney pro tem pursuant to Article 2.07, 
Code of Criminal Procedure.

Added by Acts 1995, 74th Leg., ch. 785, § 4, eff. Sept. 1, 1995.           


	§ 574.005. LOCAL GOVERNMENT OFFICERS ON STATE GOVERNING 
BODIES.  (a) In this section:
		(1)  "Local government" means a county, a municipality, 
a special district or authority, or another political subdivision 
of this state.
		(2)  "State agency" means a department, commission, 
board, office, council, authority, or other agency in the executive 
branch of state government that is created by the constitution or a 
statute of this state, including a university system or institution 
of higher education as defined by Section 61.003, Education Code.
	(b)  An individual who holds an elected or appointed local 
government office may be appointed to the governing body of a state 
agency if otherwise eligible.  The individual may not receive 
compensation for serving on the governing body of the state agency 
but may be reimbursed as provided by other law for a reasonable and 
necessary expense incurred in the performance of an official 
function.
	(c)  Rules adopted under Section 574.003 are not required to 
implement this section.

Added by Acts 2003, 78th Leg., ch. 879, § 1, eff. June 20, 2003.