§ 2-161. Definitions

The terms used in this article shall have the following meanings:

Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.

Candidate, this term has the meaning assigned by V.T.C.A., § 251.001, Election Code.

City official means the mayor, every member of the city council, the city manager, the city secretary, the city attorney, the city engineer and all members of any commission, committee, or board appointed by the city council or the mayor.

Confidential information means any information that a city official would be privy to because of the official's position but otherwise is not available to the public under the provisions of the Texas Public Information Act (V.T.C.A., Government Code ch. 552).

Conflict disclosure statement means the Texas Ethics Commission disclosure statement required by V.T.C.A., Local Government Code ch. 176.

Conflict of interest questionnaire means the Texas Ethics Commission conflicts of interest form required by V.T.C.A., Local Government Code ch. 176.

Economic benefit means taxable income or any money, real or personal property, contract rights, sale, lease, option, credit, loan, discount, service, or any other tangible or intangible thing of value, whether similar or dissimilar to those enumerated.

Economic interest means a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. Service by a city official as an officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create an economic interest in the property of that organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the city official participates in the management of the fund. A city official does not have an economic interest in a matter if the economic impact on the city official is indistinguishable from the impact on the public or on the particular group affected by the matter.

Family member means the spouse, parent or child, and the parents of a spouse, city official, or appointee.

Gift means a favor, hospitality, or economic benefit other than compensation but which does not include campaign contributions reported as required by state law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust.

Income means economic benefit received.

Indirect ownership means an equity interest in a business entity where the interest is held through a series of business entities, some of which own interests in others.

Property means real estate, personal items, equipment, goods, crops, livestock, or an equitable right to income from real estate, personal items equipment, goods, crops, or livestock.

Second degree of consanguinity or affinity is defined through a chart in section 2-262(c)(4).

Source of income means any business entity, employment, investment, or activity which earned or produced income, including interest, dividends, royalties or rents, which has been paid to or for the credit of a city official, candidate, or family member or which would be taxable to said city official, candidate, or family member under the United States Internal Revenue Code, as amended, even though not actually paid or credited.

Substantial interest means an interest in a business entity by a city official or a family member who;

(1) Owns ten percent or more of voting stock or shares of the business entity;

(2) Owns ten percent or more or $15,000.00 or more of the fair market value of the business entity;

(3) If funds received from the business entity exceed ten percent or more of the person's gross income for the previous year; or

(4) If a city official or family member has a substantial interest in real property or controls or has an interest in the property and the interest has a market value of $2,500.00 or more.

(Ord. No. 461, § 2.1, 5-9-2006)